What do you think?

[Lasardo]

I have made a very embarrassing error. I paid an account that was in collections off, in full without first checking to make sure the balance they gave me was correct. I paid what they told me to pay, they had not included the small $25 payments I had been making for several months. The worst part? I missed this and did not notice it until 10, yes 10 months later!
I have made endless calls, and boy are they rude, sent letters only to be ignored but I may have something to use... FCBA (Fair Credit Billing Act) states that if there is an overpayment that the collector must refund the overpayment.. No where does it state a time frame for notifying them of the error.
I am sending this letter out today but wanted advice (or any extra wording).
More than likely it will be another ignored letter but I'm willing to go to court over $300 ... would you?

[RobertEG]

The FCBA pertains to billing on revolving credit accounts, not debt collectors.

You do not have an account agreement with a debt collector.  I dont see that the FCBA applies to your situation.

As to the increased debt, is there specific statute in your jurisdiction that permits the additional amounts they are attempting to collect?

If not, then any attempt on their part to collect the additional amount would be a violation of FDCPA 808(1).

When you refer to going to court, are you suggesting waiting for them to initiate action, or initiating your own action for attempt to collection an amount they are not authorized to collect?