Legal Question in Credit and Debt Law in New York
Credit Agency collecting while I'm still making payments?
After about 6 years of phone and internet services, this August I switched from the telephone company to the cable company's internet and digital phone services. My balance due with the phone co was under $100.00, but for some reason they slapped me with a big ''early termination'' fee, which is their error since they don't have commitment terms longer than 1 or 2 years and I'm still disputing, and $100.00 for the modem. My automatic payments were set to $50.00 per month, so September and October saw a $50.00 payment each to the phone co and they've received them.
About two weeks after the September payment, I received a bill from a collection agency for an amount due for the early termination fee, final balance, and the modem. I have not received any ''balance overdue'' notices from the phone co. nor have they notified me that the account would be charged off so soon. Can they do that????
They haven't even responded to my written disputes.
2 Answers from Attorneys
Re: Credit Agency collecting while I'm still making payments?
There is no obligation that the respond to your disputes. The law does not require them to do this. It requires you to dispute the bill.
Send them proof of your earlier payments and hopefully everything will be corrected.
Good Luck
RRG
Re: Credit Agency collecting while I'm still making payments?
"They can do anything they want...They're the phone company!" Actually, that used to be the case, but no longer. You have to look to the agreement you are bound by with the phone company. Actually, they are regulated by the FCC and they have Tariff's on file that give them amazing power and authority over the "little people" like you and me. If you feel aggrieved, I suggest you write a letter to the collection agency disputing the charge and demand they show justification for the charges OR to leave you alone. (All letters should be send CERTIFIED MAIL RRR). Next, send a complaint to the FCC and any utility watchdog for NY state. Finally, complain to your local TV station and you just might be the subject of the next "human interest story", especially if you have "special needs or circumstances". Utility companies hate bad publicity! You may have to pay, I cannot answer that, but if you make yourself a pain in their butt, they might just let you go. Good luck.
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