Re: Never recieved bill, now threatened with collection
10-13-2012 02:31 PM
If I read the post correctly, the bill was sent by the OC, who is attempting to collect on the debt owed to them.
If that is the case, they are not a debt collector, and thus not subject to the FDCPA. So I dont see a DV as appropriate.
Since they have apparently not reported to a CRA, the issue is not addressable by way of a dispute of accuracy under the FCRA.
Their prior servies were apparently billed at some point, so it appears notice of the debt was provided.
Their call is advisement that they dont consider the debt as being satisfied, so their call is now effectively a billing notice. Yes, they should have sent paper documentation, but I dont see that as a major issue.
Thus, I see the current means of addressing their attempt to collect on a non-existent debt as being by way of civil action. The courts have the authority to compel production of facts by both parties, and determine if the debt was paid. I would consult an attorney.