I just sent the dispute/validation ltr out via cert/reg mail a couple of days ago. They called and asked me to send proof that I didnt owe the money.
Background: My daughter's cheer a/c was incorrect and I gave them a check for monthly tuition. They called and said that they never received it. I put a stop payment on the check under UCC 3-406 so I wouldnt be held responsible. I told them that I would replace the check once the account was straightened out. Because of their bad business practices and terrible ethics, I pulled my daughter from the program prior to end of season. In the meantime, they corrected my bill that shows that if I had given them a check I would have overpaid the gym. Based on the figures that the gym gave me, I added their total due to the monthly payment that should have been received, then subtracted dues that they agreed I would be given credit for and come up with an overpayment of $15.02. They also gave me 5 different figures that I owed within 6 hours and have still not credited my account for another payment they say they cant find. Also, the week before I left, she ordered Disneyland tickets for me but never gave them to me. They were sold to another family. Now they are asking me to replace the check and pay for tickets I never received. But what I cant get them to understand is that if I replace the check, then they need to write me a check because I will have overpaid the gym. The best is that I have an email from them thanking me for leaving with class and stating that I paid all my fees! They told the collection agency that was a mistake.
Should I take them to court or wait till they take me. Im sick of listening to them. I know my calculator is correct and it is based on figures they sent me via email.
To answer question, not only have they not validated, the company never sent me an invoice with a breakdown as to where they came up with the 6th new account balance.
I would write them a letter that states your intention to take them to civil court if they don't straighten it out with in thirty days. It is a simple accounting problem. Be professional in the letter but be firm, so they see your are serious. If they don't, then take them to civil court and sue them for the headache and stress of dealing with this.
if they are on your CR I would go all out forcing them to comply with the FCRA and FDCPA. If not and they dont have your SSN send them all of the proof you have and a FOAD letter. If they try to put a mark on your CR inform the CRA of your dispute and file suit
Hi luckyldynred
If it is not updated on your credit report, then there is no need to bother because you have already send them a debt validation letter and until and unless they validate that you actually owe the debt, they cannot take you to the court. Even if they sue you to the court, the judgment will be in your favor. But if it is listed in your credit report, immediately dispute the listing with the credit bureaus with all your proof to get it out of your report.
You really got excellent advice here. If they can't validate they can't sue you so you shouldn't have to worry. I know this is probally really aggravating but I would just let it be their problem since you are in the right.
That does not mean that they will not attempt to sue though. I have one right now, as we speak that has not provided proper debt validation but still has a summons on me.
Still thinking there has to be a statute on that one GN. Can't see it hanging around for two years. I mean they surely can't start the process and wait and pick it back up years down the road.
I can not seem to get an answer on that.
That must be soo annoying. I wonder if it is the collector themselves holding out or the courthouse just getting behind?