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Valued Member
gemntheholigram
Posts: 60
Registered: ‎08-23-2011
0

Never recieved bill, now threatened with collections

Hello all. I have a question. I had my taxes filed in jan 2012 and i paid the accountant (cash, which i know was a bad idea) and I cant find my paperwork. He was fired shortly after but my taxes were completed and taken care of. I am now getting a bill from the tax company saying I didnt pay for the service (this is 9 months later) and that they are seeking 100 dollars for the service and an additonal 600 for the collections fee.

Is this legal? I never got a bill.

Senior Contributor
Booner72
Posts: 3,889
Registered: ‎05-24-2011
0

Re: Never recieved bill, now threatened with collections

DV. Send CMRRR. Can't you get a cleared check from your bank? These days you can just print that out online and they go back quite some time, I'm sure it's still here available for 2012.

Be sure to DV within the 30 days of receipt of dunning notice. Keep copies of everything you do at this point.
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Moderator
Shogun
Posts: 12,952
Registered: ‎04-15-2011
0

Re: Never recieved bill, now threatened with collections

Booner he said he paid cash for the service, hence no copy of any check.   I would DV them and state that the service was paid for at the time it was done.  You paid their employee at the time and you are under no obligation to pay any further fees.   If you have access to legal, have them send the letter.


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Valued Contributor
GregB
Posts: 1,669
Registered: ‎05-24-2007
0

Re: Never recieved bill, now threatened with collections

"Cash" as in currency? WOW.

 

You need to find your receipt marked paid. And like every other receipt that you pay with cash that isn't for a trivial purchase like lunch, I would make sure you still know where it is 30 years from now.

 

If you don't have the receipt, you may have to pay for the service. I doubt there is any legal basis for them to try to collect $600 for collection fees. What does your service contract with them say?

Valued Member
gemntheholigram
Posts: 60
Registered: ‎08-23-2011
0

Re: Never recieved bill, now threatened with collections

We paid  cash to an accountant and I just found out that he was being sued for fraud during the same time perioid.

Valued Member
gemntheholigram
Posts: 60
Registered: ‎08-23-2011
0

Re: Never recieved bill, now threatened with collections

yeah cash, he owned his own business and we used him for years. But now that i know he was sued we'll be cleared with no problems. But we'll see.

Mega Contributor
RobertEG
Posts: 18,532
Registered: ‎03-19-2007
0

Re: Never recieved bill, now threatened with collections

If I read the post correctly, the bill was sent by the OC, who is attempting to collect on the debt owed to them.

 

If that is the case, they are not a debt collector, and thus not subject to the FDCPA.  So I dont see a DV as appropriate.

 

Since they have apparently not reported to a CRA, the issue is not addressable by way of a dispute of accuracy under the FCRA.

 

Their prior servies were apparently billed at some point, so it appears notice of the debt was provided.

Their call is advisement that they dont consider the debt as being satisfied, so their call is now effectively a billing notice.  Yes, they should have sent paper documentation, but I dont see that as a major issue.

 

Thus, I see the current means of addressing their attempt to collect on a non-existent debt as being by way of civil action.  The courts have the authority to compel production of facts by both parties, and determine if the debt was paid.  I would consult an attorney.

 

 


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