Pre-collections ?

[meesh6036]

I'm not sure where to post this, as it really isn't about rebuilding. I figured you all know how to handle collection agencies the best. 

Back story: Rented an apartment for college but never lived there (but had to maintain a year lease). I would go in and check on it but I commuted home every day to stay with boyfriend. My apartment manager handled our utilities, but put power in our names. Mine was in my name for 9 months and was always ~$20 every couple months. One day I stopped getting bills because the apartment manager accidently put my power bill in in a different tenet's name and the post office delivered to their mailbox. I spaced the fact I had a power bill and moved out after 12 months. 

About six months later a bill from the power company shows up to my home address for $60. No detail, probably included late fees. I didn't feel like looking into it so I paid it. Have confirmation number and specifically asked if this had been reported to any agency and if there were any fees outstanding. She said my account was clear, and it hasn't been reported. 

So yesterday I get a phone call from a precollections agency stating I owe $90 and although my account has been there for 60 days, they are just now calling me and if I don't settle in 3 days I will be reported to collections. So I call the power company, and spoke to customer service and the credit department and they both said my account has no balance and I need to contact the collections agency (???). After calling the collection agency again the lady was super sarcastic and was like "yeah let me click the you've already paid it button". Supervisors won't return my phone call. 

How to proceed? 

[enharu]

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@meesh6036 wrote:

I'm not sure where to post this, as it really isn't about rebuilding. I figured you all know how to handle collection agencies the best. 

Back story: Rented an apartment for college but never lived there (but had to maintain a year lease). I would go in and check on it but I commuted home every day to stay with boyfriend. My apartment manager handled our utilities, but put power in our names. Mine was in my name for 9 months and was always ~$20 every couple months. One day I stopped getting bills because the apartment manager accidently put my power bill in in a different tenet's name and the post office delivered to their mailbox. I spaced the fact I had a power bill and moved out after 12 months. 

About six months later a bill from the power company shows up to my home address for $60. No detail, probably included late fees. I didn't feel like looking into it so I paid it. Have confirmation number and specifically asked if this had been reported to any agency and if there were any fees outstanding. She said my account was clear, and it hasn't been reported. 

So yesterday I get a phone call from a precollections agency stating I owe $90 and although my account has been there for 60 days, they are just now calling me and if I don't settle in 3 days I will be reported to collections. So I call the power company, and spoke to customer service and the credit department and they both said my account has no balance and I need to contact the collections agency (???). After calling the collection agency again the lady was super sarcastic and was like "yeah let me click the you've already paid it button". Supervisors won't return my phone call. 

How to proceed? 

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do you have any evidence/record of the payment you made? such as credit card statements, any online or physical receipts that they sent you?
show it to the precollections agencies.

sounds like a misunderstanding and it sucks that they're kicking you back and forth like this.

[guiness56]

Send them a DV letter.

[RobertEG]

There is no such thing as a "precollection agency" vis-a-vis the FDCPA.  They are either a debt collector, or they are not.

If not affiliated with the OC, which appears the case, then they are a debt collector.

Their call consituted an initial communication with the consumer, and thus they are required to send you dunning notice within 5 days.

If they gave you a contact address, you can mail a DV without waiting for dunning notice.

If you did not get a contact address, wait around a week or so for dunning notice, which must provide their contact addresss.

If you dont get dunning notice, give them a call and ask for their mailing address.  If they fail to provide it, then inform them that you are preparing a formal compliaint to send to the FTC for their failure to have provided proper means to exercise your debt validation rights.

The DV will block their credit reporting until such time as they have provided the requested debt validation, which is very unlikely to happen.

In providing any debt validation, they must "obtain" confirmation from the creditor of the legitimacy of the debt.  Based on your communication with the OC, they apparently cannot.

If they do validate, they are then free, at least in their view, to report.  Based on your communication with the OC, I would then immediately send a direct dispute to them, challenging the accuracy of their reporting based on your documentation from the OC that there is not debt.

That might also give rise to a possible complaint to the FTC or civil action for improper validation of the debt without having obtained confirmation from the creditor, but that is a different issue to pursue.

They appear to be a bottom-feeder, preying on potential consumer ignorance in the hope of simply getting a quick pay.

[meesh6036]

Thank you so much, this is exactly what I needed.

I've dealt with collection agencies before, back when I did mess up. I felt way more powerless when I actually was in the right. It's weird.

 And, I have confirmation of all my payments. Fortunately they email receipts.