Legal Question in Consumer Law in Alabama
Collection Agency Will Not Completely validate a debt
I have received a partial debt validation from a collection agency who says I owe $983 for a gym contract. The entire contract was for two years at $959, I paid one full year of $39.99 per month(479.88). Is it legal that they charge me that? What can I do about this? I'm stressing badly about it. They have threatened to put this on my credit report and I am in the process of repairing my credit because I am looking to purchase a home in the future.
3 Answers from Attorneys
Re: Collection Agency Will Not Completely validate a debt
Your obligation will be determined by the exact terms of the contract. The creditor / collection agency may be in error; or the additional amount may be the result of late payment fees, interest or any number of other penalties provided for in the contract. If you dispute the charges, inform the next collection agent that contacts you.
Re: Collection Agency Will Not Completely validate a debt
Have you disputed the amount of the debt in writing? It is best to dispute the amount of the debt with the debt collection agency by sending a letter via certified mail to the debt collector. Even if you send this letter and all the "verification" that the debt has been partially paid, the debt collector is likely NOT going to say..."Sorry, we are wrong, we'll fix that asap". Most likely they will ignore your letters and continue demanding the money. This is will likely end up with the debt collector violating the Fair Debt Collection Practices Act (FDCPA). Please feel free to call or email me about how to handle this problem.
Re: Collection Agency Will Not Completely validate a debt
The previous answers are correct. You do need to look at your old contract to see what the charges are for - does it say there are late fees or attorney fees?
I would send the collector a letter (certified mail, return receipt requested) and keep a signed copy. Ask the collector to break down the charges for you. There is some authority that suggests that if a debt collector won't break down the charges for you, it may not be proper.
Tell them in the letter you don't want this on your credit report and that if they put something inaccuarate on your report you will take action.
Have you checked to see if it is on your reports yet? You can pull your reports - go to our website here for more information... http://www.alabamaconsumer.com/PracticeAreas/Steps-You-Need.asp
Let me know what they say. Also, if you have been dealing with other collectors or "debt buyers" on your credit reports, let me know as they often put wrong info on your reports to try and extort money out of you.
Feel free to contact me if you have any questions.
John Watts
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