Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-16-2003, 11:59 AM
saharinc
Guest
 
Posts: n/a

Collection of arrears and sipute


What is the name of your state? NJ

A wireless phone company has turned my account to a collection agency in GA. The amount they are seeking is $450 and according to my records my arrears were $140.00. They are tagging an early cancellation fee (which is not valid as I had their service for 4 years) and a collection fee of ($70).
The agency tells me that I can pay the $140 and dispute the rest of the amount.
Any thoughts, and what is deemed to be reasonable time of the day for the collection agency to call a persons home. Also should I deal with the agency or send them a desist letter and deal with the wireless company.

Thanks
  #2  
Old 04-16-2003, 01:36 PM
kevinss
Guest
 
Posts: n/a
They may not contact you before 8am and not after 9pm (your time.)
You need to work out whatever dispute you have as to the early termination fees etc with the cell phone company. The agency is not responsible for that.
If you are unable to come to an arrangement with the cell company, you may need to pursue legal action if it's important enough to you to save that money.
I would imagine that the collection agency is working on behalf of the cell company, and does not own the debt, right?
I would suggest that you do a debt validation, but the agency will only validate what you already know - that the cell company is saying you owe money you don't.
If you want to play rough, send the cell company a certified letter with your evidence that you did not terminate early, demanding they adjust your amount due. If they fail to, it's your choice whether or not you want to pursue legal action.
Remember, anything that's not in writing does not mean a thing. Always get ANY agreements in writing.
  #3  
Old 04-16-2003, 01:38 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
IF you can deal with the wireless creditor, do so, but they may not talk to you.

I don't think its legal for them to tack on collection fees.. I know the FDCPA doesn't allow it.

As for reasonable times - per the FDCPA the collection agency cannot call you before 8AM or after 9pm your time. Anything outside of that timeframe is a violation of the FDCPA.

As for the cancellation fee.. I'd go thru your contract and see what it says. If you fulfilled your contract obligations and they didn't automatically renew, then I don't see how they could charge you a cancellation fee.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:52 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.