05-09-2011 06:37 AM
I have been getting hassled by a certain collection company for a bill that somehow got submitted to them... even though the amount was actually paid to the original creditor.
Long story short... a payment $287.05 was paid to Qwest... they mis-applied that amount to the wrong account... when I found out about this they made the corrections on my account, and and moved on... this occured in/around Oct of 2010.
Then starting in January I start getting letters and calls from collection agencies for the same amount... I have tried over and over sending them letters of validation, showing them proof it was paid, and even calling Qwest... who shows me as never being late, or having anything ever submitted to collections...
Now this same colletion company have started sending letters to addresses that I have never lived at... (my parents home address to which they moved into 2 years ago...) and I have not lived in that state in over 16 years......
This is getting out of hand.. as this company fails to listen to me and just continues to try and collect on a debt that does not exist.
Any ideas.. do I have a right to sue them?? I have not checked to see if they have put it on my credit yet.. but am betting they did...
05-09-2011 07:19 AM
I'd pull your reports from annualcreditreport.com. Look for the CA, but also look at the soft inquiries. I bet they pulled through there and got all of your past addresses.
If I had that happen, I would send a DV letter to the CA. I'd also call back Qwest to see who owns the debt and get it again in writing from them that $0 is owed (for future protection). If the CA did report, then wait for them to respond to the DV. If after a couple of months of no response or if they continue to send collection letters after they received the DV (thereby ignoring your request), then dispute with the CRAs with proof from Qwest showing that nothing is owed. They might remove it if the info is compelling. If not, then take it a step further with complaints to the BBB (for the OC and CA), planetfeedback, FTC, your state's protection agency, etc.
Right to sue? IMO, no, unless you can prove damages (e.g. you got fired because of that one collection or totally lost out on a mortgage and have to pay for storage, moving, etc. to an apartment due to a denial). It's likely a case where Qwest never communicated to the CA.
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