disputed debt, CA

I signed up for a class over the phone and cancelled it over the phone the very same day in California.
Since then I changed my address and a year later am being contacted by a debt collector claiming I never cancelled.

I am disputing the charge but they say they will take me to court over it ($125)... they have no paper proof, they did not provide any service or product to me. Do they have any kind of case? A lawyer will cost me more than they're even asking.

Send the collector a letter via certified, return-receipt mail. In the letter, demand that the collector provide written proof of the debt, including a contract with your signature on it. Tell them that if they fail to provide proof of the debt, and still try to collect on it, you will sue them for violating the Fair Debt Collections Practices Act.

Thanks for your reply, it was helpful but...
I checked the information on the ftc site and it clearly explained that if I dispute the debt claim in writing within 30 days (which I did, certified mail) then they have to either drop it or mail me proof of the debt.
So I called the debt collector and told this to the supervisor. She said I should just get a lawyer cause she won't talk to me, that I shouldn't call them anymore, that I am harrassing them, then she hung up on me.

Every time I called I had a good reason to and I won't just drop it because this claim made it into my credit report before I ever received notice.

Can they do that? Refuse to talk to me and hang up on me when I am calling them about a debt I am disputing? It's their job to deal with me isn't it?

[Ladynred]

Did they accept receipt of the certified letter ??? If you got the return receipt, then they received the letter and accepted it. Under the FDCPA the MUST comply with your request. They can blow you off on the phone, but if they refuse to abide by the law, you can sue them.

Have you tried telling them that you're filing a complaint with the FTC if they don't comply with your request and that YOU will sue THEM for violating the FDCPA ???

They received the letter, I mailed it certified. I told the supervisor that under FTC's FDCPA they have to now drop the claim or mail me proof. She first said she would mail me proof, when I asked what proof she had (there is none) she told me to get a lawyer, to not call back and hung up.

Are they required to respond within a certain amount of time from receiving my dispute letter?
A friend suggests that I wait a month to see if they do mail me anything. If I don't hear from them I won't have any choice but to sue them.

It's not over yet but at least now I know my rights and their responsibilities.

[JETX]

EIM, you are far ahead of most people who post on this forum. You have proof of delivery of your verification demand, and obviously have their names and phone numbers.

Obviously, they aren't going to comply with your repeated calls.
So, why do you keep calling and threatening them??? Go to [url]http://www.ftc.gov/[/url] and file a complaint against them.

And in your earlier post:

Q1) "Can they do that? Refuse to talk to me and hang up on me when I am calling them about a debt I am disputing?"
A1) Of course they can. They have no obligation to talk with you.

Q2) "It's their job to deal with me isn't it?"
A2) Nope. Their 'job' is to get you to send them money, and that is their ONLY job. And they try to do it, even when you clearly don't owe them.

Finally, one more thing in your earlier post stands out....
"Every time I called I had a good reason to and I won't just drop it because this claim made it into my credit report before I ever received notice."
If this claim is on your credit history file, you need to send the reporting agency a letter (certified) and ask them to investigate the claimed debt. Explain the circumstances. They are required (under the FCRA - Fair Credit Reporting Act) to investigate and remove the record if not supported.

Both the FDCPA and the FCRA can be found at the FTC site noted above.

[bigun]

Eim,

At [url]www.creditnet.com[/url] there is an archieve with many sample demand letters, intent to sue letters, validation and, verification letters. It's a free site but, you must register. It may be worth a look.