Reply
Regular Contributor
jason0618
Posts: 126
Registered: ‎07-03-2007
0

how do I prove a debt is paid?

I've got a question.
 
About 3 years ago, I had a cellular account with Cingular.  The bill was always paid on time.  Finally, in April, 2005 I paid the bill, and whether through a bank error, or Cingular error, my checking account was double debited the $278 monthly payment. 
I called Cingular, and my bank and my bank reversed one of the charges.  In the end, Cingular still received one payment, which is all they were supposd to get in the first place.
A couple of months later, they started sending me collection letters.  Again, I called, and got documentation from my bank, stating that the money had been double debited, and one of the charges reversed, resulting in a net payment TO cingular, of $278.
I faxed and mailed a copy of this letter, along with my bank statement showing the same thing.
I didn't hear back from them.
Now 2 years after that, I got a letter in the mail from AFNI collection company, saying I owe Cingular the same $278 plus a $40 collection fee.  I've told them about the previous issue, and letter, but they won't hear it.  They say I owe them $318 within 30 days, or it's going on my credit.
I'm not willing to let such a small amount affect my credit, especially since I work hard to keep it positive, but I don't know what my options are.
Any help?
Thanks,




Starting Score: 434
Current Score: 616
Goal Score: 700


Take the myFICO Fitness Challenge


NFCU nRewards Visa $0/$1000
Barclaycard Rewards MC $0/$1300
Credit One Bank Visa $2/$300
Jared card $0/$400
Frequent Contributor
chartley3
Posts: 488
Registered: ‎05-23-2007
0

Re: how do I prove a debt is paid?

Contact the CA and ask for a Validation of Debt. Once you get that contact Cingular and ask to speak to someone in customer affairs and escalate from there. If you still have the proof you paid it again fax it over to them perferably to a direct fax number of the person you are speaking with. Call them back after you fax it and go from there.
Valued Contributor
SmartCookie
Posts: 2,010
Registered: ‎07-01-2007
0

Re: how do I prove a debt is paid?

I would actually deal with Cingular first via phone call to see what is going on.  They should have noted your account back then, and for all you know it might be a clerical error.  Act nice and ask 'who can help me get this fixed today' of them.  Get to the right department there (probably collections) before you go into the story.  Ask for a supervisor if the rep isn't helping.   Write down names and departments as you might want to send a letter to them documenting the issue and what they said they would do to fix it.     
 
I wouldn't deal with a CA at all in this instance except if it winds up that you need to dispute it with any CBRs.  Don't let their threat intimidate you to REpay something you do not owe.  With enough calls to Cingular to get the right person, I'm sure it won't even go to that point as they can stop the external collection activity.  Doubt they don't still own this 'debt'...  If they are able to fix it over the phone, request a letter validating that your closed account has a 0 balance and was in good standing.
 
Hopefully it will be as easy as that.
EQ 787 EX 781 TU 737 11/17/07 *** I am not an attorney. If I was, I might not clip coupons. If you want legal advice, consult an attorney. If you want my personal opinion, feel free to consider my posts***
Valued Contributor
SmartCookie
Posts: 2,010
Registered: ‎07-01-2007
0

Re: how do I prove a debt is paid?

Check out another forum member's cell phone issue success with planetfeedback.com http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=19708
 
 
EQ 787 EX 781 TU 737 11/17/07 *** I am not an attorney. If I was, I might not clip coupons. If you want legal advice, consult an attorney. If you want my personal opinion, feel free to consider my posts***
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
0

Re: how do I prove a debt is paid?

[ Edited ]
Don't call and don't take their calls. Send a DV letter to AFNI. Do NOT use the words "cease and desist" in your letter.
 
Gather up any docs you have. Old bank statements showing the double $278 billing then the single $278 reversal. Any statements or Emails to or from your bank. Anything to or from Cingular. Stick all that in a file.
 
Review items (1) thru (5) at the top of the link above. I'm quoting from FDCPA. Did they comply with 1 thru 5. If not, then they are already in violation. You might actually get paid for your trouble.
 
Wait to hear back from your DV letter.
 


Message Edited by Noah_Bodie on 07-03-2007 01:48 PM

myFICO is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become a global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.

>> About myFICO
FICO Score - The Score that matters
Click to Verify - This site chose VeriSign SSL for secure e-commerce and confidential communications.
Fair Isaac Corporation is a BBB Accredited Financial Service in San Rafael, CA
FOLLOW US Social Media Facebook Twitter Pinterest Google+