No, this is just nonsense. If you don't owe the debt, you can't suddenly make yourself liable for it by "acknowledg[ing]" it on the telephone. And if you do owe the debt, you can't make it go away by not responding to their calls. Again, it is not process serving. You either owe the debt or you don't, and they can either collect it or they can't. The only quasi-exception to this is that you can DELAY collection by requesting specific information in writing. But of course you can't make that request by refusing all contact with them. |
You are right -- I should have said -- you do not want to reset the clock on a debt that someone can no longer collect on -- should have phrased it differently: "...state laws limit the amount of time debt collectors can chase you to pay debts or force collections through judgments and garnishments, some consumer mistakes can restart that clock. Among them: acknowledging a debt, making a partial payment or ignoring a notice that a creditor is about to sue on an old debt." |
OK, I agree with you about that part. But to be clear, I'm not suggesting you answer strange numbers that could be debt collectors and immediately engage in a surprise discussion about your debt. What I am saying is that a better strategy than ignoring the call completely is to call back and say "You left me a message concerning a debt collection effort. I do not believe I owe you this money. Have you reported it to a credit agency yet? If not, I am asking you to postpone your collection efforts so that I can call [insert name of hospital or other service provider] and discuss this matter with them." I am not suggesting you admit that you owe them the debt or that you provide any personal information. And you should prepare yourself before the call. But I think the call itself could end up providing more benefit than risk. I guess if you're the type of person whor eally can't help but answer any question they ask, it could be too risky. |
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I'd check your credit score to make sure nothing's showed up there. Then I'd call these people ask them to mail you all the information on the bill owed. Then I'd go back to the original service provider you allegedly owe and ask them to verify the status of your accounts.
I had a medical bill in NYC go to collections mistakenly. It was a hassle to get them off my back but I had records of all the bills, the check I mailed in and that the hospital deposited, and the hospital even sent me verification that the amount I owed was zero. I shared that with the collection company, they still kept calling, at which point I informed them that if they contacted me again, I'd file harassment charges. They stopped after that. |
| OP here. They're still calling every 2-3 days but I haven't received anything in the mail. |
Have you called who is in charge of your medical payment plan to see if it has been sent to collections? |
No, this has nothing to do with the payment plans. I'm up to date on all of my current bills. If anything, it has to be something from years ago. |
Or someone with your same name Or a scam What are they saying on the vm? Is it a generic we are calling about a debt Or Larla Smith we are calling from Bootylicious Retailers about a debt you owe A call ... ? Which is it? |
OP here. Finally I got a letter in the mail from the collection agency and was able to see which bill they're chasing me down for. I paid the bill 2 months ago and I checked the bank statement and it had gone through. So I called the collection agency to let them know and I gave them the confirmation number. She then asks for my bank details I refuse and she gets rude.
I wasn't given any late notices and didn't start getting the phone calls until a month after I made the payment. I didn't get anything in writing until a month after that. So is it my responsibility to request a receipt, send it to the collectors and prove the payment was made? This just seems so silly. How can they threaten to take me to court over a bill I no longer owe? |
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They collectors are scum. Just ask for proof of the debt in writing, and then send back proof of payment.
Remember the collectors were passed the debt by the biller, so probably the biller didn't inform them it was paid. |
Ohhhhh OP! They are just trying to get money from you. Send them the following letter (CERTIFIED): CERTIFIED MAIL, RETURN RECEIPT REQUESTED NO. _______________________ Collection Agency’s Name and Address RE: Account Number Dear Sir/Madam: I am writing in regards to the above-referenced debt to inform you that I am disputing this debt. Please verify the debt as required by the Fair Debt Collection Practices Act. I am disputing this debt because I do not owe it. Because I am disputing this debt, you should not report it to the credit reporting agencies. If you have already reported it, please contact the credit reporting agencies, inform them that the debt is disputed, and ask them to delete it from my credit report. Reporting information that you know to be inaccurate, or failing to report information correctly, violates the Fair Credit Reporting Act. Finally, please note that I do not wish to receive further telephone calls or letters concerning this debt that I do not owe to your client. The Fair Debt Collection Practices Act requires you to respect this request. See 15 U.S.C. §1692(c). Thank you for your attention to this matter. Sincerely, Jane Doe OR THIS: Initial Debt Collection Dispute Letter Today’s Date Your Name Your Address Collector’s Name Collector’s Address Dear {insert name of collector or company}, I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) because I do not believe I owe what you say I owe. This is the first I’ve heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts: (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. I respectfully request that you provide me with the following information: * (1) the amount of the debt; * (2) the name of the creditor to whom the debt is owed; * (3) Provide a verification or copy of any judgment (if applicable); * (4) Proof that you are licensed to collect debts in (insert name of your state) Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that: * because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense; * you cannot add interest or fees except those allowed by the original contract or state law. * you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA; Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau. I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA. Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt. |
OP, I'm the PP who advised you to deal directly with the billing office. Of course the collections agency can threaten whatever they want to threaten. Let me tell you what probably happened. This probably happens all the time. 1. You were late paying a bill. 2. Billing office forwarded your bill to collections. Collections is happy to take the case. If you pay them, they will keep a cut. 3. You paid the bill to the medical provider. 4. Billing office didn't get around to letting collection agency know that you paid the bill. Collection agencies are contracted to work for medical (or whatever other) billing offices. Who do you think forwarded your bill to the collection agency? You probably know what I'm going to advise, but I'll spell it out. Call your billing office. Ask them to confirm they received your payment. Inform them that their collections agency is harassing you, and that you need them to instruct the collections agency to stop contacting you. Request the billing office to inform you in writing what (if any) actions the collections agency took to affect your credit. Remember that every time you check your own credit, this action is recorded and it affects your score negatively. |
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Get written confirmation from your service provider's billing office that your amount owed is zero. Send in the written letter that PP recommended above (I'd probably throw in a line about how they're liable for any wrong doing and if they do not seize calling, they open themselves up to a harassment suit, but that's just my style- not for everyone of course) with a copy of the receipt from your medical provider. Keep a copy of the letter & attachment for your records. Keep a copy of confirmation of their receipt of the mail.
Let them know you've kept records all of communications and expect this to now be resolved and not to be reported to a credit agency. |
| It is your right to tell the collectors not to call you, and to only contact you via mail. This way, you will also have a paper trail. |
Checking your OWN credit does not affect your credit score !!!! That is just WRONG! |