You might want to write the collection agency a "cease and desist"
letter (see sample below) no matter if you pay the shipping agency or
not, otherwise after a few weeks the collection agency will start
hounding you at work, home, etc, calling your neighbors. I once had a
collection agency call me and wanted me to get an "emergency" message to
a neighbor whose phone number they couldn't find since it was unlisted.
Under the Federal Fair Debt Collections Act, and a similar state law in
most states (Texas has one) once you send them the certified, return
receipt letter, it stops them in their tracks, otherwise if they
continue, the agency can be prosecuted both criminally and you can file
a civil suit against them.
Make sure you send it certified, return receipt requested otherwise they
can claim they never received it. I have sent it when dealing with
hospital collection agencies, etc. who want their $$$$$ faster than our
health insurance company will pay them. I actually had one hospital
start harassing me for payment TWO DAYS after I had minor surgery. They
started calling then and every week thereafter, but I kept telling them
how can I pay when I haven't even gotten a bill yet!
The letter below was written by an attorney and satisfies all legal
facets of notifying a collection agency. I always include a copy of the
agency's collection letter with my letter so they can't say they
couldn't locate my file. Yes I pay my hospital and medical bills, but I
do wait until my health insurance company has at least issued an EOB
(Explanation of Benefits) for the provider.
As an FYI on the letter, under Texas law only one party has to "agree"
to recording a phone call as mentioned in the letter. Other states I
believe have provisions where both parties must agree.
Tom, WW5L
____________________________________________________________________________
Certified Mail, Return Receipt Requested #XXXXXXXXXXXXXXXXXXXXX
Date
Name and address of collection agency
REF: Account #XXXXXXXXXXX
Dear Sirs:
1. You are hereby notified under provisions of Public Laws 104-208, also
known as the Fair Debt Collection Practices Act, that your services are
no longer desired.
2. You and your organization must CEASE & DESIST all attempts to collect
the above debt. Failure to comply with this law will result in my
immediately filing a complaint with the Federal Trade Commission and the
Texas Attorney General's office. I will pursue all criminal and civil
claims against you and your company.
3. Let this letter also serve as your warning that I may utilize
telephone recording devices in order to document any telephone
conversations that we may have in the future.
4. Furthermore, if any negative information is placed in my credit
bureau reports by your agency after receipt of this notice, this will
cause me to file suit against you and your organization, both personally
and corporately, to seek any and all legal remedies available to me by law.
5. It is my policy neither to recognize nor deal with collection agencies.
Give this matter the attention it deserves!
And have a nice day.
Sincerely,
(your name and address)
------------------------------------------------------------------------------
K8RI on TowerTalk wrote:
> Something going through a collection agency can possibly hurt your credit
> rating. I'd be more concerned about that, than the small charge.
>
> Roger Halstead (K8RI and ARRL 40 year Life Member)
> N833R - World's oldest Debonair CD-2
> www.rogerhalstead.com (Use return address from home page)
>
>
>
>>I would like to hear from hams who have purchased an Alpha Spid from the
>>Canadian manufacturer as to if there was a customs charge and did the
>>manufacturer pay it or did you the customer pay it?
>>
>>In October 2005 my Visa statement shows that I paid $1083.99 for the
>>rotator with mouse option. Shortly thereafter I received a bill from the
>>shipper (DHL Express) for $25.38. My senior memory recalls that I called
>>the 800 number of the shipper and explained that the manufacturer said
>>that I wasn't responsible to pay for it and gave them the manufacturers
>>representative telephone number (I had also called the manufacturer who
>>said that there was some sort of mix-up between them and the shipper)..
>>Yesterday I received a bill from a collection agency in Texas for the
>>customs charge plus an additional $6.35 penalty!
>>
>>This is a small charge and I could just go ahead and pay it but I would
>>like to know if it is usually paid by Alpha Radio, Ltd?
>>
>>k7puc
>>
>>
>>_______________________________________________
>>
>>
>>
>>_______________________________________________
>>TowerTalk mailing list
>>TowerTalk@contesting.com
>>http://lists.contesting.com/mailman/listinfo/towertalk
>>
>
>
> _______________________________________________
>
>
>
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
>
>
_______________________________________________
_______________________________________________
TowerTalk mailing list
TowerTalk@contesting.com
http://lists.contesting.com/mailman/listinfo/towertalk
|