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Plumber collections...

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Anonymous
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Plumber collections...

March 2016 I had a plumber start groundwork to add a bathroom in my basement. Told them to do the groundwork and I was going to finish the bathroom Spring 2017. Multiple delays, missed appointments, plumbers would come and go as they pleased leaving a basement door unlocked. Just wretched experience. Anyway long story short, they left the job uncompleted. Like, uncapped shower drain below basement floor that has been backing up sewage and caused widespread buckling of the entire floor unfinished. Just plain walked away. No excuses given, nothing. Have tried several times to get the main plumber to come out, look at the work, and offer a fair final price for what WAS performed since they adhere to the drain backing up sewage and floor are not their fault. 

 

After MONTHS of no communication, I get a letter from National Account Systems of Omaha, LLC. They are the CA and are demanding payment in full. So I sent a DV letter asking for everything including a line item invoice and *signed contract stating I agree to pay* which does not exist. How does it not exist? Well, thats the worst part. This plumber is the son of a family friend. Whole thing was on a hand shake. Great, right? 

 

So I stopped in their office today. Refused to speak with me. I even had $1500 in the checking account I would pay the guy right then and there. But nope, said he was in a meeting with an employee and wouldn't see me. 

 

So today I sent the letter found HERE and written reviews on FB, Angie's List, Merchant Circle, everything. And I file a BBB complaint. Contacted a lawyer but he was unsure since there is no contract, just a quote that says $3,000.00. Luckily, I haven't paid a cent yet. 

 

Thoughts, friends? 

Message 1 of 4
3 REPLIES 3
Anonymous
Not applicable

Re: Plumber collections...

Just curious, but if you challenged the debt how can it be verified without any contract?
Message 2 of 4
Anonymous
Not applicable

Re: Plumber collections...


@Anonymous wrote:
Just curious, but if you challenged the debt how can it be verified without any contract?

Yeah that's a great question. We never did one so I'm assuming they don't have one. If they can't produce something in the DV letter then I think the debt is not valid for collection purposes? I'm not sure though. This is my first DV letter tbh. I just figured I'd see how it goes. 

Message 3 of 4
RobertEG
Legendary Contributor

Re: Plumber collections...

A DV must be sent within 30 days of dunning notice to be timely.

When did they send dunning notice?

 

Even if timely, a DV under FDCPA 809 does not impose any requrirement to send validation.

It imposes a cease collection bar, which remains in effect until such time as they choose to send validation.

Thus, the issue of when they provide validation relates to if/when any  cease collection bar is terminated.

 

Adequacy of a DV response does not usually require "proof" of the debt.

While varying by jurisdiction under pertinent case law, the majority of jurisdictions do not require proofs in order to verify under the FDCPA.

 

The crux of the issue appears to be legal interpretation of contract obligations and negligence of the plumber that resulted in damages, which is best handled by the courts.

Any DV would, in my opinion, be secondary in developing the facts, even timely.

Netiher the DV process under the FDCPA nor the dispute process under the FCRA are full legal processes which compel the production of all relevant evidence by both parties, or have a judge authorized to make a binding determination.

 

I would continue to develop a supportable civil action, and get a clear resolution in the courts.

Message 4 of 4
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