Gov VA - The Hits Just Keep Coming - Shocking Letter!

[cashstacking]

Still have an unpaid balance with the VA from a GI Bill overpayment.  I am working on getting that paid it is ~ $2k

A couple months ago I recieved a letter saying I had about a $3k debt that was separate from my GI Bill.  So I called to find out what it was.  They said it showed as a "Drill" over payment from (I guess) a couple years ago when I was drilling for the Navy Reserve.  

The problem is, I wasn't "overpaid" you have to fill out paperwork to get paid and can only do that when you are there on a drill.  So I asked them if they could tell me where that payment went, to what account.  They can't.

So, I am on the hook for an "over payment" that I never got and the Overlords can't even tell me when, where or how I was over paid.

Don't worry, I am not here to bore you to tears about this and that.  It gets better...

I get this letter in the mail from the same folks...  Anyone got a spare Quarter Million to lend me?

I just started laughing.  This was obvioulsy an error, right?  Then I started thinking of how I would start living on a cash basis for the rest of my life.

Seriously, what if someone was on their last strand of hope and got this in the mail?  They might have started sucking on the business end of a smoke wagon.

I am amazed at the complete incompetence of our government.

I called, they said, "yeah, Ma Bad"

They assured me this was a mistake and that the file was closed and the VA was recalculating it - Back to the ~$2k I suppose.  They probably added a couple zeros.

Just can't believe there are no checks in place to prevent something like this going out and #2, that they were not on the phone, email or another letter to me saying there was an error.  Reference my reference of someone at wits end and a letter like this pushing them over the edge.

Thought ya'll  would like to see that.

[starry1]

OMG, that is insane!

Are you even allowed to disipute the drill overpayment?  I'm not sure if the government is immune for correct reporting or not.  This is just crazy.

[RobertEG]

You could, if so inclined, pursue their efforts as a possible violation of the FDCPA.

The Treasury Dept has clearly acknowledged that they are collecting a debt on behalf of another.

They are thus a debt collector under the definition provided in the FDCPA.

Their letter was an initial communication regarding collection on the debt, which triggered their requirement to have sent dunning notice within 5 days thereafter.

In that dunning notice, they were required to have provided the amount of the debt, and advisement of your DV rights.  They apparently have not provided advisement of your right to request validation of the debt?

They thus may be in violation of FDCPA 809(a), for which you can make formal complaint to the CFPB.

You additionally, and more significantly,  have the right to send them a DV, requiring them to cease collection activities until they provide an itemization of the asserted debt.

[cashstacking]

Robert

Thanks for the ideas.  Earlier this year I had just called them and they couldn't tell me any specifics.  I think sending a DV to get them to provide an itemization is a great idea.

I am not disputing the ~$2k I owe for a GI Bill overpayment, I am disputing them having paid me over $3,000 that they were trying to collect on earlier this year.  If anyone knew my situation in the past few years, they would realize, I would definately be aware of an extra $3k coming my way.  Of course this image is of something that was obviously a mistake.  Hopefully one that can be corrected quickly and accurately.

Thanks for your time.

[guiness56]

First of all the VA has zilch to do with drill payments.  That would be between your unit and DFAS.  I would contact DFAS as they are very easy to work with.

When you owe the government money, the Department of the Treasury is not considered a debt collector.  It always falls on the owner of the debt to prove you owe it.  It will say that on the letter from them.

[juggalo9er]

based on past experience with the va i would say call them and make payment arrangements. in the past i owed somewhere around 4k and found them more than willing to work with me on paying it back...the other solution however is to return so school, certify attendance and have the new school gi bill money go towards paying the debt...just a thought.

[cashstacking]

You are correct.  The letter was similar to the one in the picture that told me they were collecting for DFAS.  Of course I was unable to get any information from DFAS (Navy) all roads led to Army phone numbers with the Navy one being no longer in service.

When I got the letter(from treasury) I called the phone number and they said it showed that it was an over payment of drill pay but that they could not be more specific than that.  The payment was supposedly made in 2011.  I was an inactive member since 2009.  So I know I didn't recieve any income from the reserves.

To be honest, I didn't keep trying to find out more info on the matter as my life seemed to get in the way.  This newest letter with the $185k bill was what bought up the past and eventually when my schedule allows me I will follow up on that specific matter about the drill pay overpayment.

Thanks for your help

[guiness56]

That is a lot of money for drill pay.  Even if it was for years and you were an O-10.

I know for a fact you cannot be overpaid for drill when you are not there.  As you said, you have to fill out paperwork and the UA has to submit it to DFAS.  Impossible to be overpaid.  Plus you would have received LESs showing a payment.