Collections Attempting To Recover Debt... Without Proper Records?

[dharvell]

What is the name of your state (only U.S. law)? Michigan

My wife and I had Dish Network service for several years (6 years, if I recall). We had standard definition service for all but 2 of those years. When we switched to high definition service, we made it clear that we were going to REPLACE our standard definition receiver... take it off the account. They acknowledged.

About a year later, I discovered that I had been charged an extra $5 a month for 12 months for having a "two receiver" set up in my house. When I caught this, I called them and reminded them that the HD receiver REPLACED my SD receiver... I only have a single operating receiver at any given time. In fact, I discarded the SD receiver when the HD receiver was put into place.

Dish agreed to credit my account the $60 that had been incorrectly charged, which should have brought my account current, when I stopped service. I also sent all of the requested equipment back to Dish, as agreed. I thought I was through with them. Nope...

Over the course of the past few days, I have received a call from a collection agency that Dish had hired, trying to collect $61.16 that they claim I still owe. I reminded the collections agency that Dish had credited my account $60 for overcharges that occurred over the course of the past year. Of course, collections denies this.

At the end of the phone call, I suggested that collections had incorrect information. Their response was, "I see that Dish credited you for... let's see... sixty... uh... SOME dollars on..."

I interrupted and confirmed, "Wait. Did you say, 'sixty... uh... SOME dollars?"

Her reply was, "Uh... yeah. Dish's records show..."

I told her to call me when her records were complete and accurate.

My questions are:

1. What am I obligated to pay, if collections do not have complete records?
2. How many calls per day would be considered harassment? The collection agency calls between 4-7 times per day.

If you require any additional information, please let me know. I'll try my best.

Thank you for your time!

[LSCAP]

Call up dish network. They should be able to help. It's another company that one hand doesn't know what the other hand is doing.

THOUGH, you might owe for the last month's bill.

[cosine]

And you were paying on time all along? This is clever, sending credits out to collections agencies. If the collection agency calls again, try to confuse them and say "since this is a credit, you will be sending me a check within the next 3 days for this amount?"

[dharvell]

LSCAP & COSINE - The last bill would have been for $61.13, but the credit was for $60. That means, if I do owe anything, the correct amount should be $1.13. However, it appears that this CA has incomplete records of my account, as she shows a credit of "Sixty... uh... some dollars".

@COSINE - LOL!!! I will have to try that, tomorrow... because I know they will call. At least 4 times!

[cosine]

It sounds like they have a record of "sixty" dollars credit.

So the last ROUTINE bill was $61.13, and so $1.13 was the balance due, and you didn't pay it and they sent the account to collections? What does Dish Network say the status of your account is?

[dharvell]

Correct... when the account was closed (which Dish Network confirmed over the phone on the day I closed the account that my account was, indeed, closed), the balance would have been $1.13. I did not receive any additional bills from Dish Network, for one of a couple of reasons: the mail was not forwarded to my new address [didn't seem likely to me, as I received everything else from everybody else], or as I assumed, Dish decided not to worry about a buck and some change, so just closed my account in good standing.

I will have to call Dish Network to find out exactly what had happened and why they sent me to collections. Obviously, this is a matter of a communication breakdown.

However, the question still stands: what is considered harassment on the side of the CA? They call up to 7 times a day... having to explain the situation that many times to as many agents. When the agents call, they do not take time to listen, either... they just talk over me until I get frustrated, and just hang up. To me... that's harassment. I'm not clear, though, as to what the law considers harassment. Could somebody clarify that, for me?

[cosine]

7 times a day is definitely considered harassment. Did you get the name of the CA? If not, you need to do so. If you got a call-back number, search that number on Google to find web sites where people report about phone numbers (there are a few).

Send the CA a "cease and desist" letter. Send it registered, return receipt (and do this for every communication to the CA). If you can identify the CA I may be able to tell you more about how to deal with them.

Each time a call comes in, keep a log of the date, time, caller ID info. Answer the call and wait for any automated systems to transfer the call to a person. Repeat saying "hello" so it "thinks" it connected to someone (many of these systems know how to detect people speaking). When you get a live person, first make sure they have the account on the screen (like asking "what is this about"). As soon as you are sure they have it on the screen, then simply say "Do not ever call this number again. All communications regarding this matter must be sent in writing."

Call Dish Network about your account and make sure they do have your new address. Explain that it was your understanding that the credit covered the final amount, and that if there were other charges that were valid, that you should have been sent a bill. Demand they send one now. Explain to them that you had forwarded postal mail from your old address to your new address, and have proof in the form of mail received that was addressed to the old address and has the forwarding sticker, so they must have chosen to not send a statement for a low amount of only $1.13 (many companies actually have low amount cutoffs for not sending statements). Explain that if they declined to send a statement they should not expect a payment and should not send the account to collections.

If the CA continues to call after the C&D letter is received (and you have the receipt in hand), then send a complaint, with supporting evidence documents, to the Michigan Attorney General's office, and the Federal Trade Commission. That complain should also specify the harassing calls with a copy of the logs you recorded about date, time, caller ID info, and what was communicated when you answered each call.