Check collection

What is the name of your state? Tenn.
two years ago I wrote a check to a company in another state. the check was returned. when I received the notice from my bank, I bought a moneyorder and sent payment in full to the company. they still turned it over to equifax check company. when I received the notice from them, I called and faxed them my receipt. they told me it would end and be taken care of. equifax sold the check to another collection company. I took the same steps, they told me it would be taken care of. they sold the check to another company who has it now. I received a letter saying they were going to take me to court for the amount plus charges. I contacted them and they told me if i had a receipt to fax it over and it would end with them. they were the final step in the collection process. I sent the copy and letter reminding them what they had told me. 30 days later i received a letter, (standard mail), saying i had 10 days to pay the debt of face legal action. I called back, and the same person I spoke with said he didn't care if I paid it, I still had 10 days or they were going to take legal action. I have all my paper work in order proving I paid. What do I do?

[Ladynred]

First of all, their time limit of 10 days to pay is probably nothing more than a threat. Telling you they don't care if you paid you have to pay again is ridiculous!

Do you have any kind of return receipt or fax confirmation that you sent proof of payment to these bozos ? You need to show that they did, in fact, receive proof that you paid it. If you don't have anything like that, send them the proof of payment again, this time Certified, RRR. Once they sign for it and you get the green card back, they absolutely can NOT deny to any judge that they 'didn't get it'.

I'd also include a letter that says that you do not owe the debt, it was paid and the proof is attached and that they must cease all collection activities or you will sue them. I'd make this as stern as you possibly can. You need a kind of 'nutcase' letter, you're mad enough to sue. You can find some really good 'nutcase' letters over at [url]www.creditnet.com[/url] in the Discussion area under Sample letters. You have to 'join' but its free.

Can you call the original company and get a letter from them or a statement of some kind showing that you did pay it - or is that what you have ?

IF they are dumb enough to take this to court, you have all the evidence you need to have them laughed out of court !

I do have a conformation that they received the fax. Yes, I did send a letter with the receipt telling them I was "fed up" with this mess. The original company told me they received the payment when I called them two years ago. Now, they won't speak with me and they say they never received the payment. I think what has happened is that they received my money and also "jumped the gun" when they sold the check to Equifax, and have been paid twice but are not willing to admit it. I told this last company that they should go after the mail order company to collect the money since it seems they got paid twice! They wouldn't hear of doing that, they said that I owed the money to the Equifax and that I was in error to send the payment to the mail order company. They do not care if I paid it once, I'm going to pay it again. Imagine, I'm going to be punished for correcting my mistake to quickly!

[Ladynred]

Gee.. I think I'd send out 2 nutcase letters - one to the company you paid and another to the CA !!

You don't have to pay this CA for anything. In this case, demanding that they validate the debt may be the best way to go. If they can't validate, and that means getting proof from the company that you do owe the debt, then they must cease collections and remove any entries from your credit report. Until they validate they MUST cease all collection activities, including the nasty calls (which are a violation of the FDCPA).

You can find the debt validation process explained at [url]www.creditinfocenter.com[/url] along with sample letters to use. Creditnet has sample letters for DV too.

[crusheroz]

Hello! If you still have the money order call and get a copy of it front and back where it was cashed. Find out when the company sold your debt to the CA and go from there. You maybe able to prove some type of fraud on the mail order company for taking your payment and them selling it to and outside agency after you made good on it.

are the companies names by chance Equifax check services, Ceregty and Marlin Integrated Capital?
Vanna

Yes, Equifax first. Then a company called Risk Management Alternatives. Now it's National Check Control. The second company stopped sending letters after I sent a copy of my receipt.
Then it went over a year before I heard from the present "*******s". The guy there, named Vidal, told me in our first conversation that if I indeed had a receipt to fax it on over and the case would be closed and terminated. When I asked him to put that statement in writing, he said their policy was not to send out confirmations such as that. But I could take his word, it would come to a close. Then 30 days later I received this latest form letter telling me I had the 10 days to pay. When I called the second time, he was a complete a**. Telling me he could care less about my paper work, that I still owed the debt, and I WILL pay or they will take legal action. But, so far all I have received is standard form letters, thru standard mail. I hate to keep repeating myself in this forum, but this thing makes me so mad I can't stand it. When these guys can't get anywhere, what will happen next? They will send it on to the next company and it will start all over again.

Equifax brached out renamed their payment divison to Certergy. I am going thru the same thing. Paid over two year ago and I'm now suing them. If you have the time to invest I recommend suing them. I have reproted them to the BBB and the FTC. They have stomped all over your rights. I will help with any questions you might have!
Vanna