Legal Question in Credit and Debt Law in Pennsylvania

Hi,

I was a client of Columbia House and closed account in 2009. In 2010 they contacted me and said that I owned them $133.00. I said it is impossible, because I received all the movies I should, paid off and closed my account. I refused to pay. They sent it to collection and damaged my credit score. Today I opened my Credit score monitoring and saw that they placed it to collection again, which dropped my credit score for 70 points. They didn't send anything, didn't contact or notify me. How long they will harass me and place money I never owned them to collection? Is it any legal action I can take against them?

Thank you for your time.


Asked on 3/10/12, 10:39 pm

1 Answer from Attorneys

You combine many different things. When this issue first arose you should have written them a letter and explained why no money was owed, not just refused to pay. And these places are ripoffs - they often charge you if you don't place orders for added materials beyond the promotional offer. Did you do that? Do you still have original materials from Columbia House which discuss this?

If not, $133 is a small price to pay for having one's credit loused up. If you can't prove anything, then I would contact them and offer them something if they will remove the item. If they agree, get a settlement letter from them indicating that if you pay say $65, then there will be a zero balance on the account and nothing more will be owed. It is doubtful that they will completely remove the item, but they might if you offer to pay the full amount owed. In that case, get the settlement letter to state that your credit report will be amended accordingly. Then you pay once you get the settlement letter.

If you can provve that you really owe nothing, then dispute the item with Columbia House or whichever collector put the info on there. If you claim you paid, submit copies of proof of payment and ask them to investigate and remove the item. Send the letter via certified mail. If the facts are as you say that you owe nothing and they refuse to remove, then you can sue. See the Fair Credit Reporting Act, 15 USC �� 1681 - 1681x.

They don't have to notify you when they hit your credit. What damages have you sustained because of the hit to your credit? You can recover actual damages under the Fair Credit Reporting Act or $1000 plus attorney fees.

If you wish, I would be happy to send a letter to Columbia House or the debt collector on your behalf for a reasonable fee, however the amount I would charge would be almost as much as the debt itself, so you may as well as try this on your own.

Regarding your other issue, the adverse information can stay on your credit report for 7 years after the debt was charged off or sent to collection. So if this was 2009, the debt can be on there until 2016. You have the right to add a 100-word statement to your credit report and dispute the information. Also, if the debt was incurred while you lived in PA, it is subject to a 4 years statute of limitations. Meaning that the debt is no longer legally collectible after 4 years in court. It can still stay on your credit, but if you are adanmant about not paying, then the statute of limitations will expire. Its very unlikely that they will bother suing anyway and in another 3 years the debt will drop off your report. If your credit is otherwise good, then this black mark is not going to affect you that much anyway.

And if you want a movie or music, buy it. Don't order anything ever again from a place like Columbia House.

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Answered on 3/12/12, 11:28 am


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