Intimidating Scare Tactics from Collection Agencies

[Skarlit]

So I briefly had a business electricity account, under my business LLC EIN, for my electricty at home..where I work...from home. The rates turned out to be bate and switch and beyond what I could pay so I found a new provider and filed a complaint with the Texas PUC. And yes,  I did not pay the bill. And it went to collections. Well I just received this letter. I'd like feedback and guidance on where to go from here:

Please be advised we have been retained by AP Gas & Electric to assist in the matter of outstanding invoices owed by XXXXXllc .  According to our records, the current amount due to our client stands at $3,093.96 USD.

I would prefer to halt any further investigations and work towards a mutually agreeable resolution. Our investigators are currently tasked with identifying and documenting as many company/personal assets as possible, including reaching out to UCC holders, banks, property managers, landlords, vendors, suppliers, and creditors.

Regards,

Matthew Fitzpatrick

Greenberg, Grant & Richards

[Jnbmom]

If you owe that amount pay it , not sure what your question is . Are they reporting it ? You can ask for pay for delete but if it's fairly new I doubt it .

[Patient957]

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@Jnbmom wrote:

If you owe that amount pay it , not sure what your question is 

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Bait and switch is fraud.  The OP is saying they are a victim of fraud and therefore do not owe the money.

@Skarlit 

Sounds like you will probably need a lawyer to fight this.  If the company truly committed bait and switch fraud, then they are very unlikely to sue you.  But again, you'll need a lawyer to sort through this, IMO.

[Jnbmom]

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@Patient957 wrote:

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@Jnbmom wrote:

If you owe that amount pay it , not sure what your question is 

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Bait and switch is fraud.  The OP is saying they are a victim of fraud and therefore do not owe the money.

@Skarlit 

Sounds like you will probably need a lawyer to fight this.  If the company truly committed bait and switch fraud, then they are very unlikely to sue you.  But again, you'll need a lawyer to sort through this, IMO.

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Well bait and switch can be used very loosely . Did OP open up an electric account with said company and use them for their electricity and then realized they were too expensive?

definitely need more information before we jump to any conclusions 

[Patient957]

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@Jnbmom wrote:

Well bait and switch can be used very loosely . Did OP open up an electric account with said company and use them for their electricity and then realized they were too expensive?

definitely need more information before we jump to any conclusions 

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Yes, point taken. 

I'm taking bait and switch literally, as fraud.  Not reading the contract and later realizing you agreed to pay too much is definitely NOT bait and switch or fraud.  That's not reading the contract, which isn't fraud.

[Skarlit]

Stating a certain cost per KWH and giving a bill estimate based on certain usage and then charging quite a bit more than initially agreed upon is the bait and switch which I am referring to. However my question was more pointedly aimed at the content and threats and language in the letter itself. 

[Skarlit]

These deceptive pricing strategies are a very common problem in Texas with Electricity. 

[CreditCuriosity]

I just honestly see if you can get a PFD on it.  This is going to be a hard one to win in my honest opinion.  Obviously if you cannot afford to pay it that is a different situation.  I am guessing their rates change after so many KW's are used to different tiers as could be seen as bait and switch and might be bad business but likely not illegal as pretty sure they have their bases covered in the fine print.  I just see it being a losing battle.  I use to do crypto mining out of house and after certain KW's done my rate would change and impact profits decently depending on the rate at a given time if good margins or not so good margins.

[Skarlit]

Okay. So the language and threats in the letter they sent are within the confines of their legal rights? 

[Patient957]

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@Skarlit wrote:

Stating a certain cost per KWH and giving a bill estimate based on certain usage and then charging quite a bit more than initially agreed upon is the bait and switch which I am referring to. However my question was more pointedly aimed at the content and threats and language in the letter itself. 

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They're threatening to lien your assets.  In other words, they're saying settle with us or we'll get our money anyway through the courts and via liens.  It's standard lawyer tough talk.  I don't know the laws in Texas, but you could also potentially be on the hook for attorneys fees in addition if they sue you.  I don't know, but you should talk to a local attorney