cingular account in collections

[cotterpin]

What is the name of your state? MA

In July of 2002, I opted to change cellular carriers (my contract with Cingular (formerly CellularOne) had been fulfilled in 2000). I called them and they advised me that I had to send a letter, which I did on August 2nd. They did not close my account for 3 more months after this. I never received any more billings from them and didn't hear from them again until I received a phone call in January of 2003. The rep on the phone advised me that I owed approx $250 dollars for charges incurred through November and for an early termination charge (I never received a paper bill on this). I advised the rep that I had terminated my account in August, and she advised me to send a letter to Cingular to verify the debt. I sent them a letter in January of 2003 stating I had cancelled their services and didn't owe them, and again in March 2003. I never received any more calls, nor did I ever receive any correspondence again.

in August 2004, I began receiving calls from a NEW collection agency that bought the account in September of 2003. They "claim" to have sent letters which I never received and told me I would have to deal with them directly now. I decided to go one step further and located the email for the CEO of Cingular. I sent him an email describing the situation, and received a call that day from a rep at Cingular. The rep stated that she would knock off the "2 months" billing that they did for September and October, and said there was no early termination fee which amounted to approximately $80.00. She couldn't give me an exact detail of what was owed and said my account had been overdue since JUNE. I still don't agree that the amount is correct, and also, she advised me in writing via e-mail that she would not remove the disputed charges until AFTER I paid the other amount she says is due.

I still don't feel the debt is correct, and the rep I spoke with couldn't give me a straight answer as to what the charges incurred were actually for (my monthly fee was only $34.99 and I never went over on minutes). . There is no way that I was 4 months in arrears with Cingular, I know this because they would bill me sporadically, and if I missed 2 payments the phone would be shut off (which is why I changed carriers)

What should be my next step at this point?

 

[JETX]

What should be my next step at this point?

This one is really easy.... simply send them a copy of your letters and a copy of the proof of delivery of each one of them.

 

[cotterpin]

unfortunately I don't have any proof of delivery(I know, for shame!!!). Should I just resend the initial letters with the a new letter certified this time?

 

[JETX]

unfortunately I don't have any proof of delivery(I know, for shame!!!). Should I just resend the initial letters with the a new letter certified this time?

Okay, so EXACTLY how much are they charging you???

Your post said that they were charging you for three months, plus 'early cancel'. Then you said that they would waive two of those months, plus the 'early cancel'. As I see it, they are only charging you for one month. If so, that would be correct as your letter of August 2 noticing of cancel would require thirty day notice.... making one month of service.

Go through your records and find your proof of payment for June and July and show them. Then pay the remaining bill and move on.

 

[cotterpin]

They're trying to charge me $250+

I don't have bad credit and they've said they're reporting this negatively on my credit reports. I may owe them for June/July but that would only be approx $80.

Is is legal for them to continue to bill me and report the full $250, including the $80 they've admitted they shouldn't have billed me for, essentially taking my credit hostage, until I pay the full $171 they say I still owe?

 

[JETX]

Is is legal for them to continue to bill me and report the full $250, including the $80 they've admitted they shouldn't have billed me for, essentially taking my credit hostage, until I pay the full $171 they say I still owe?

Of course it is.
You have the right (FDCPA) to request (in writing, certified RRR) that the 3rd party debt collector validate your debt.... including a full accounting. I would suggest you do so.

Once you get this accounting, you should be in a better position to resolve this issue.

You also have the right (FCRA) to ask the CRA to investigate and correct your credit history if needed. Send them a letter (certified RRR) detailing your concerns and ask them to investigate, advise and correct the record.

 

[cmorris]

While some people may disagree with what I am going to tell you, it works. Sue them in small claims. The Office of the President will call to settle.

 

[JETX]

While some people may disagree with what I am going to tell you, it works. Sue them in small claims. The Office of the President will call to settle.

Gee, that sounds easy. Who would you sue and what is your cause of action???

 

[cmorris]

Sue the cell company for the amount of the bill. I got screwed by a cell company and after a month of dealing with them and collections for an amount I did not owe (I had proof--detailed billing), I filed suit. The day they received it, I got a call settling it. I had tried dealing with reps, as well as going up the "chain of comand." The only thing that worked was the law suit.

This approach is not for everyone. The OP may not have proof, but in my case, I did. The lawsuit was the only thing that worked.

 

[JETX]

Sue the cell company for the amount of the bill.

There is NO basis for a lawsuit against the cell company as they have not done anything wrong.... nor has the OP been damaged by their conduct.

I got screwed by a cell company and after a month of dealing with them and collections for an amount I did not owe (I had proof--detailed billing), I filed suit. The day they received it, I got a call settling it. I had tried dealing with reps, as well as going up the "chain of comand." The only thing that worked was the law suit.

Okay, they settled the issue with you as a 'nuisance'. That has absolutely NOTHING to do with the legal issues involved. And based on your post, if it had gone to court, you would have lost (no claim) and very likely been hit with THEIR legal expenses.

This approach is not for everyone. The OP may not have proof, but in my case, I did. The lawsuit was the only thing that worked.

And again, it did NOT work due to any legal issues. Some merchants decide to settle the suit as it is simply not worth their time. Other merchants will just as strongly pursue the matter through the courts. And though it might have worked in your case, with your specific claim, against your specific defendants.... your suggesting this as a LEGAL solution to the OP is not accurate... or responsible.

 

[cmorris]

There is NO basis for a lawsuit against the cell company as they have not done anything wrong.... nor has the OP been damaged by their conduct.

**If the cell company admits he shouldn't be charged with some of the fees and reported that to the CR, why isn't that damage by their conduct?

Okay, they settled the issue with you as a 'nuisance'. That has absolutely NOTHING to do with the legal issues involved. And based on your post, if it had gone to court, you would have lost (no claim) and very likely been hit with THEIR legal expenses.

**I agree that settled it b/c it was a nuisance (amount was small). In my situation, they had been overcharging, saying I had exceeded my minutes when my detailed billing that I paid for showed otherwise. And all the reps and managers admitted their was a problem, but wouldn't/couldn't fix it. I also spoke with a consumer protection attorney who told me to sue in small claims. If I paid an attorney, it would just cost more money (again, my amount I was seeking was small). I was not seeking pain and suffering, mental anguish, etc. I only wanted what was fair.

And again, it did NOT work due to any legal issues. Some merchants decide to settle the suit as it is simply not worth their time. Other merchants will just as strongly pursue the matter through the courts. And though it might have worked in your case, with your specific claim, against your specific defendants.... your suggesting this as a LEGAL solution to the OP is not accurate... or responsible.

**It probably wasn't worth their time. I think there are important details missing to say if it would be applicable in the OP's situation. It is just a suggestion if OP feels small claims is the best option.

I am not trying to cause problems. I think you offer wonderful advice. But I have been in a somewhat similiar situation and offered what worked for me. If what I did is wrong, please advise. I still have this company as my carrier (contract) and have problems since I renewed. In mine and the OP's situation, the company admits something is wrong, but can't/won't fix it. If you try what you can to do to correct it, why is small claims wrong? I do recommend he try your approach first, but if it the company doesn't respond, can't he try this?

 

[JETX]

If what I did is wrong, please advise. I still have this company as my carrier (contract) and have problems since I renewed. In mine and the OP's situation, the company admits something is wrong, but can't/won't fix it. If you try what you can to do to correct it, why is small claims wrong? I do recommend he try your approach first, but if it the company doesn't respond, can't he try this?

First, I never said that your action was 'wrong'. You were lucky that your defendant decided that it was less hassle, cheaper, etc. to settle the case before you had to try to prove it in court (as you appear to have had NO legal basis to support your case). Of course, thousands of lawsuits are filed every year when there are no legal grounds for one..... that is one of the reasons that our courts are horrendously backlogged.....
And why the courts often grant the defendants legal fees to be paid by the plaintiff in the case of such frivolous lawsuits.

That is why I discounted your post.... your simply suggesting that the OP to file a lawsuit when he hasn't been 'damaged', nor has the creditor done anything illegal or improper.