First off I just wanted to say that I have found a lot of extremely useful information off this website. My grandmother was having issues with a 15 year old debt that had been taken care of 15 years ago but she was all of a sudden being hounded for payment for some reason. Anyway, I came to this site and got the ammunition I needed to make sure they didn’t bother her during her final days. Thanks to this site she died at peace and that means a lot to me.
Thank you all!
Now I am here with my own issue. I looked around the forms and what not but I couldn’t find exactly what I was looking for so I will explain the issue and hopefully someone will know what to do, because I sure don’t. There is a lot of back story so I’ll skim through to the crucial information.
State of Current Residence: Indiana
State Where “Incident†Took Place: Indiana
Company: Comcast
Collection Agency: Cannot recall name at this time.
Amount being collected: $110.00 +/-
The whole dispute is over a Comcast internet modem that we were renting from Comcast back in 2005. In the middle of January of 2006 we moved to a different city. While packing to move I found the modem we were renting accidentally packed up. I tried to take it back but the return place was closed even though I had called and made arrangements for them to stay around a meager ten minutes extra.
I called Comcast and, after fighting for about forty five minutes, I finally got them to understand I was leaving the city so they said I could drop it off in my new place. Again, after a ton of bickering and another two weeks I finally got them to accept it and take it from me.
Now here we are three years later and my wife gets a collection notice that they are collecting on her because she didn’t return the modem. Well assuming the issue was dead after the first two years we pitched the receipt proving we returned everything. So, in the letter it said that if we were disputing the charge that we were to send them a letter in writing claiming that we were disputing the charge, so that is exactly what we did. We wrote a letter, had it notarized, and sent it out.
I made sure to note the letter was not an acknowledgment of the debt, just an acknowledgment that there was an issue. So a month – month and a half goes by and we haven’t heard hide or hair on the issue so we figure it’s done. Nope. Not at all, because yesterday we get a letter from them again except this time all they did was send us a copy of the Comcast billing as “proof†that we have a debt. I am not sure how a copy of the Comcast billing proves anything because of course there will be a bill if they are saying we didn’t return the modem, but we did.
As of now I’m stuck. I don’t know what my options are to take care of this issue. Is a billing from Comcast proof that we owe them money? I don’t think so, but how can I fight this? You all helped me out greatly with my grandmother so I’m really hoping that lighting will strike twice. I’ve tried to pack this with as many details as possible, but if you have any questions about the situation please don’t hesitate to ask. I greatly appreciate it.
Thanks everyone!
Hi metalhead212
Again, after a ton of bickering and another two weeks I finally got them to accept it and take it from me.
Let me just get it clear. This means they took back the modem from you? So, was there any document you needed to sign on saying that all dues were cleared? If yes, then you must have a copy of that. I mean there has to be a documentation when you return the modem. Look for it. When you made a payment, did you do it by card? You must have it reflected somewhere in your statement. Even if it is a check, it'll still show on your account.
A bill is not proof enough that you still owe the money. If you hadn't made a payment where were they for the 3 years you weren't paying (assuming you owe the money)?
Carol,
Thank you for your response. I had to sign some paperwork stating i returned the modem. The problem is this. We kept the paperwork for two years. After two years were up we figured we were safe to throw it away. We hadn't heard anything new on the issue and we were still continuing to receive Comcast's services without any complications. They physically took the modem out of my hands and took it to a back room. I have a copy of the original responce letter I sent out if you would like to get more back story on the issue, but it is a lot to read.
So the paperwork is gone and it is now three years after the incident. I'm not sure where to go from here. I didn't have to pay anything as it had already, supposedly, been sorted out so there is no payment paper trail to follow.
They sent you letters to INDIA?
I gotta disagree. A bill is mostly enough. Once they send out the bill, you owe something to them. If you have nothing in writing that says that they drop it, you paid it etc. , you basically still owe it. I've been going through the same. They want 143 Dollars.
A plain bill is not enough for them to validate the collection. They need more. Send the Collection Agency a letter demanding validation. If they only have the bill ( probably what they are going to do) you can go ahead and send the manother letter saying you will sue them ( include an offer for pay-for-deletion). They will take it off your credit report and you just pay the money.
Sven,
No, Indiana. It is part of the United States. (Not being sarcastic)
All they have sent me thus far to "prove" we owe them is a copy of a billing from three years ago. If I ask them to validate the debt what would they have to produce as evidence? In your first sentence you say that it is mostly enough but then say a plain bill is not enough to validate the collection. So is a plain bill enough to validate or isn't it?
also,
please excuse my ignorance but I am not exactly up-to-date on what some of what you told me means. What is a pay-for-deletion? Would threatening legal action over $110.00 be enough to make them go away ?
Thank you so much for your input.
haha, yeah. didn't read right. Of course it's part of the U.S....I know that:)
I assume it's on your credit report? Pay-for-deletion will remove it off your report. You can find PFD letters on here.
What I meant was - the bill would probably be ok in court ( it sounded like that you want to dispute the 110 itself, and not really the entry on your report). They sent you a bill and you have no proof that you signed that piece of paper or that you paid them. Don't think you can dispute the 110 Dollars. But the CA can't justt send you a plain bill. Look at the validation letters they have here. You will see what I mean ( they ask for specific things).
I'm not sure what your letter said, but if they have not responded in 2 months you probably didn't demand for a valid proof again? Did you send it via certified mail + return receipt? If you didn't do all this... they won't care!
Sven,
Thank you for clarifying things for me. I'll take a peek around and see what letters I can use. It didn't dawn on me to send my letter like that so next time I'll know better. I'm going to look through the letters and see what I can use. I'll fill it out and have it notarized. Then I'll mail it properly and see where that gets me. I'll post the letter on here before I mail it out to make sure I'm not biting off more than I can chew with my words.
Thank you very much for your help thus far!
Wow, my apologies for the postings as "guest". I signed in and by the time I submitted my response I guess I had somehow logged out. Anyway, like I said, I'll see what I can dig up with those letters.
Thanks again!
No, You don't have to notarized it.
Hi metalhead212
Ask for a debt validation. They have to show you that the debt is still valid. Have you checked your bank statements like I had suggested earlier? What was the SOL of the state you lived in before Indiana? If the SOL has expired, you don't have to pay them a dime. But if it hasn't then there may be some problem cause you have lost the documentary evidence. IMO, please check your bank statements and look for any payments made to them during that period when you shifted to Indiana.
Carol,
I will ask for the validation. I have lived in Indiana all my life and I believe in this state they have 7-10 years to collect or something like that.
I can't use any bank activity to my advantage as the last bill we paid when we were using comcast before we moved made no mention of the router charge. It was payment on the pro-rated services and that was it. The billing they just sent that had the router charge on it was one that we've never seen before.
Thanks!
Well metalhead212
I am then afraid that you will have to pay the amount and clear it off once they validate your debt. But henceforth, make sure any transactions that involves money, you keep the documents with you for as long as possible (I'd suggest forever). You surely don't want to get into similar trouble in the future. All the best to you :) If there is more on your mind drop in.