Anyone have experience with a collection agency?

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
I had a lease back in 2001 with some chick, she paid for the water and it was only in her name...i never even saw a bill.

She moves out 4 months early on the lease and the water bill must have been forwarded to her. At the time I had no idea about them...she was sort of secretive financially. She also filled in the whole lease I just reviewed it and signed it...later I found out it was due to her wanting to keep her social security number secret, whatever :)

So I end my lease as agreed and 3-4 months later get a call about owing $230 for water. I explained I had no idea about it and could I see a bill to pay as it seemed high (assuming she was paying prior to the time she moved out). They could not provide me with more than a self-typed document showing "Water usage owed......$226.00". The water company would not speak to me as I was not listed on the bill, but stated something seemed off for that size unit/residents. What I am thinking is there was water usage after my lease was up....anyways there never followed up with me so I thought they got in touch with my ex and resolved it.

6 months later I get a call from a collection agency at work, asking the operator 'I need to speak to [me] about bills he has neglicted'. I was sort of p1ssed about that, but whatever. I ask the lady also for something that shows what I owe from the water company and how is it my responsibility. She said she didn't have anything and that it was up to me to find. She said I am responsible because the lease stated I would cover any leins against the property (which is odd and I don't remember seeing that at all....my ex has the lease). We go in circles for about a week and after which the collection lady began calling any number I called her from and asking about me and all my debts I owe (which was only this one). We finally agreed to me paying half and I would get a bill for my amount...it never came.

It's now on my credit report and when I called a few years ago about why did she file against me if I agreed to pay...she stated it was her 'right' and her 'right' to keep it on my report even after I paid. She mentioned if I paid my bills on time I wouldn't have the problem (again if I had gotten a water bill at my apartment I would have paid it, if I had a copy of the bill I would have paid it). She has been updating it monthly since 2001. I called her a couple months ago to offer to pay it out if she could just send me a copy of the bill (I called the water company prior and they don't even have it on the system anymore)...anyways she immediately faxed it and it had all the bills from the water company and the fax was a fax of a fax to her dated '10/?/2001' from the water company, she had it since the beginning. I agree to pay and tell her I was at work (I worked from home at the time) and since it was already 6pm it would go out in the next day's mail during my lunch.

At 7:30am she calls [my work] back and the first thing she says is 'is [me] there, I need to speak to him about the money he owes our company for the last 3 years'....I play it off like I am the boss and
"I" don't even get there until 9am...she goes into more story about my 'debts' and hopes my 'boss' doesn't have problems with me.

I call her right back and ask WTF was that about, not much more than 12hours pass and you are harassing my 'employer' about a bill I volunteered a call to pay. She told me it helps to keep bad debtors reminded. :roll:

Anyways it's all verbal at this point, but I don't want the freaking thing on my report each month and it seems even if I pay she plans to do that.

Ideas would be appreciated, it's not hurting my credit really, but I don't like having debts either...if my landlord could have only provided a copy of the bills I would have paid. There is an error in them for a month and now it is too late to resolve. That was my whole stand on it from the beginning.
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
I had problems with a collection agency before about a bill which I did not owe on. You need to send her a letter stating that unless they provide proof that you owe money, they will have to cease calling or they will be sued. And follow through. These guys are usually sleazy as hell if you let them get away with it.

EDIT: here are some links that might help:

http://inin.essortment.com/collectionagenc_runl.htm
http://www.fair-debt-collection.com/Disputing_Collections/stopping-debt-collectors.html
http://www.creditinfocenter.com/rebuild/creditorharassment.shtml

Just tell them you've put up with their unprofessional behavior long enough and that it won't be tolerated anymore. Make sure you always get their full names as well. If you have any more questions, feel free to PM me and I'll provide you with whatever information I can. As you can see, I really hate collection agencies :D
 

yukichigai

Diamond Member
Apr 23, 2003
6,404
0
76
Without consulting a lawyer I don't really know. I'm pretty sure this is bordering on harrassment, particularly since you have asked for a bill and they have neglected to provide one. I suggest next time you inform her that you will gladly pay the bill provided she sends you the actual, legally binding bill (or a copy) from the water company. Make sure to ask for a detailed one with the dates of use listed. If she waffles ask her exactly how you are supposed to know she isn't some con artist scamming you. Don't be afraid to mention the possibility of hiring your own lawyer. (If she says it'll cost more than the bill I'd say you realize that and you'd be going to make her life hell, but that's me :p) Once you get the bill you can check it against your former landlord's records to see whether or not the charges were made before you left. If they weren't make sure you get copies of records that show you moved out before the charges were made. With that you can likely get her off your back.

Oh yes, I'm not recommending anything illegal, but you can file leins against the agent. Lots of them. In the hundreds, nay thousands.
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
From one of the sites I linked to:
Collection agencies are not allowed to:

* Call your office;
* Call your home before 8 a.m. or after 9 p.m.;
* Address you in an abusive manner;
* Call family or friends in an attempt to collect your debt;
* Harass you;
* Make false or misleading statements; or
* Add unauthorized charges.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,589
5
0
As others stated:

On your own.

Get a copy of the bills of usage from the water company. If the stall, explain that you are being held responsible for it, therefore you want the records.

Check with the ex for verification that she paid the bill(s).

From the collections agency, you want them to provide you a notorized copy of the water bill.
 

Mermaidman

Diamond Member
Sep 4, 2003
7,987
93
91
In my only experience, the collection agency was actually civilized. The debt resulted from some screwup with my employer's setup of teleconferencing billing, so what I did was pay the 'debt', then got reimbursed by my company.

One important thing I learned: The original creditor sells outstanding debts to collection agencies, so it is possible to negotiate the amount in order to close out the debt. In my example, I paid 50% of the bill. The collection agency still made money, and my company paid less.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
I disputed it and attached copies of the bill without my name on them.

They still verified the debt as accurate.
 

rahvin

Elite Member
Oct 10, 1999
8,475
1
0
Originally posted by: alkemyst
I disputed it and attached copies of the bill without my name on them.

They still verified the debt as accurate.

Your recourse is to sue.
 

yukichigai

Diamond Member
Apr 23, 2003
6,404
0
76
Originally posted by: rahvin
Originally posted by: alkemyst
I disputed it and attached copies of the bill without my name on them.

They still verified the debt as accurate.

Your recourse is to sue.
Yes, it really is. If the collections agent calls again tell her you cannot talk to her as it may affect your impending lawsuit against her.
 

Yax

Platinum Member
Feb 11, 2003
2,866
0
0
I'd send the certified letter notifying them to remove the charges from my credit report and pay me for the amount which I offered for settlement and leave me alone or sue for damages.

Also, dispute the charge with the Credit bureau.

Ofcourse, the fact that you sent in some money is a partial admition of guilt. Bad move.
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
the hospital sicced a collection agency after me for not paying $1.75 of a bill when my son was born. I made sure that every penny was accounted for and there was a mystery $1.75 on there that they wouldnt take off, so i refuesd to pay it.

the collection agency calls my wife and i immediatly call them back. and told them that you might as well go ahead and report me to the credit agencies because im not paying it. and stop wasting my time for $1.75!!!

and yes its on my credit report, when i refied my house a few years ago the bank asked about it and just laughed when i told them the story.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: cheapbidder01
I'd send the certified letter notifying them to remove the charges from my credit report and pay me for the amount which I offered for settlement and leave me alone or sue for damages.

Also, dispute the charge with the Credit bureau.

Ofcourse, the fact that you sent in some money is a partial admition of guilt. Bad move.

Done the dispute, however I never paid anything at all. I was never billed as she said she would.

Also as far as her *real* name no credit collector I know of uses a real name, her's is Tina Jones.
 

yukichigai

Diamond Member
Apr 23, 2003
6,404
0
76
Ask for the name of the collection agency she works for then. You'll at least know who to level the harassment charges at. Once the company sees a lawsuit coming they'll hang her ass out to dry damn fast.
 

Childs

Lifer
Jul 9, 2000
11,313
7
81
Originally posted by: Mermaidman
In my only experience, the collection agency was actually civilized. The debt resulted from some screwup with my employer's setup of teleconferencing billing, so what I did was pay the 'debt', then got reimbursed by my company.

One important thing I learned: The original creditor sells outstanding debts to collection agencies, so it is possible to negotiate the amount in order to close out the debt. In my example, I paid 50% of the bill. The collection agency still made money, and my company paid less.

I was in a similar situation. I put an uncle on a credit card of mine to help rebuild his credit and he maxed it out and said he would take care of it, so I had the bill sent to him and he never paid it. Anyways, found out a few years later when the collection agency came calling. They were really civil, and in the negotiating process the interest due was knocked off, as well as half the principal. They buy your debt cheap and in bulk, so anything they get is gravy. Afterall, you didn't pay the original party who you owed the debt to, so the chances that you'll pay it off in full are low.

Most times it may be beneficial to deal with the collection agency later on than do something like declare bankruptcy. Just don't pay it and negotiate it later. Just make sure you get proof from them that you paid it off. You're credit will be screwy, but you can always rebuild so that its good enough later on.

I'm surprised the collector is being an ahole over $300.
 

KK

Lifer
Jan 2, 2001
15,903
4
81
You should have never agreed to pay anything. That right there is saying that you do owe them money and that you don't dispute that you do owe them money. ANything they said about paying half of the amount is mute as I don't think you got that in writing. You should have initially told them to stop harassing you, and if they continue that you'd seek legal conselling and sue.

KK
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
The way I stated my payment was I would pay to have it removed from my credit, but I don't feel that the bill is my responsibility. I referred to it as spliting the error with them.

At first she was really nice, but she was merely logged numbers I was calling from. This has gone on for over 3 years now...it's amazing to me she devotes that much time to it.

The long and short of it is sure it's not my responsibility, but will $200 thrown at it just make the nonsense stop. That's the problem I have, I somehow think me paying $200 will do nothing for me.

I do know the companies name and have letterhead from them, as well as a fax. The letter they sent just had my signature page from the lease, a copy of the landlord typed bill for the water, and our security agreement for the gym key?....
 

yukichigai

Diamond Member
Apr 23, 2003
6,404
0
76
Something occured to me....

My mom had a collector hound her for years over a medical bill. Thing is it was for a different person; same first and last name, different middle name. (This person was R-something, mom is Lou) This guy would not stop, even though she sent him several things which clearly showed she wasn't the right person. Finally she called the company he said he worked for. As it turned out the company said they'd fired him months ago for overzealous collection attempts. He wasn't even supposed to be collecting the debt, as they still owned it and had written it off as a wash. The next time he called she related the gist of the conversation she'd had with the company. Never got another call again.

So yeah, definitely call the agency directly. Find out what the deal is with "Tina" and let them know you've read some of the links posted here about when a collection agent can and cannot call you, not to mention the fact that you've yet to receive any formal proof of a debt.
 

Kelvrick

Lifer
Feb 14, 2001
18,422
5
81
I woulda lawyered it up once it hit my credit report. I'm not sue happy either, I hate these suits since I work in a law office and see this stuff every day.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
That collector is grossly out of compliance with the Fair Debt Collections Practices Act.
They are not allowed to attempt to contact you at your place of employment nor even so much as hint to your employer (or anyone else at your place of employment, or to anyone else PERIOD) regarding your private financial affairs (unless they have a court-ordered judgement for garnishment). Nor are they allowed to speak to you or about you in any derogatory manner, i.e. they cannot call you a "bad debtor" or a "deadbeat" even if you are (and in this case, I don't think you are).
Contact the BBB and your state attorney general's office, and file complaints.
You may have to hire a lawyer.

Most importantly, the next time you speak with this collector, you need to inform this bitch point-blank about her non-compliance and tell her that you will not work with her again ever period. Done. You'll pay the water company directly if they want their money. Send her a properly worded letter by registered certified mail to that effect. Inform her than any further attempt to contact you will be considered harassment.
 

iliopsoas

Golden Member
Jul 14, 2001
1,844
2
0
Dude, sue her!

#1. You have every right to sue her under the Fair Debt Collection Act (or something like that). The collection agency can call around to verify your address and contact information but they can NOT divulge any information regarding your debts. I guarantee you, you will win. Just sue them for $1000.

#2. Send them a certified letter requesting them to contact you ONLY by mail from this point onward.

#3. Send them a letter asking them to VALIDATE your debt, which is what you have tried to do in the past -- asking them to ascertain that you owe them that amount. It is THEIR responsibility to prove that.

#4. If it's not your debt, don't pay them squat.

#5. Contact the credit reporting agencies and report these as errors and that they're not your debt. Ask these negative tradelines be removed.

#6. Do EVERYTHING in writing.

FVCK the collection agencies. I've been screwed in the past on debts that were NOT mine. Fvcking bastards damaged my credit rating, coercing me into settling that debt. Of course, this all happened before I knew anything about how to deal with them.
 

Ness

Diamond Member
Jul 10, 2002
5,407
2
0
Tell them to give you the contact information to the agency the debt came from, and once they do tell them not to call back.

Tell them the only form of contact you want from them is if and only if they can provide proof that you owe this money from the original agency displaying your signature and promise to pay this bill.

Most importantly, tell them to write you a letter acknowledging this and the fact that there will be no damage to your credit, as well as anything else you feel you need to be said, to keep in your records should something happen.

Tell them that in 24 hours you are going to check your credit, and if there is one blemish on there involving this incident, you are going to speak with a lawyer. If I remember correctly, you seem to have no problem doing credit checks on people (that might have been someone else though), so run one on yourself when you say you will and maybe again in a few weeks (I don't running a check on your credit does anything to it, right?)

If you see anything, do contact a lawyer.


I had a creditor contact me about school tuition. My financial aid was excessively late in being received by the school and they had already sent the account to creditors when it got there. The debt was resolved with the school as they knew it wasn't my fault, but the credit agency still seemed to think I owed them a few thousand dollars. Like hell. They called at least once a week and sent multiple letters AFTER the finaid kicked in. It finally took the head of the accounting/financial aid department calling with me in their office to get them off my back. The head of financial aid had them send me a letter similar to the one I told you to get, and told me what many of the people in this thread have said about harrassment and stuff.
 

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Originally posted by: Vic
That collector is grossly out of compliance with the Fair Debt Collections Practices Act.
They are not allowed to attempt to contact you at your place of employment nor even so much as hint to your employer (or anyone else at your place of employment, or to anyone else PERIOD) regarding your private financial affairs (unless they have a court-ordered judgement for garnishment). Nor are they allowed to speak to you or about you in any derogatory manner, i.e. they cannot call you a "bad debtor" or a "deadbeat" even if you are (and in this case, I don't think you are).
Contact the BBB and your state attorney general's office, and file complaints.
You may have to hire a lawyer.

Most importantly, the next time you speak with this collector, you need to inform this bitch point-blank about her non-compliance and tell her that you will not work with her again ever period. Done. You'll pay the water company directly if they want their money. Send her a properly worded letter by registered certified mail to that effect. Inform her than any further attempt to contact you will be considered harassment.



Just about to say that.

She broke the law many times by calling your work, THEN telling your "BOSS" about your debt.