Legal Question in Credit and Debt Law in Indiana
Debt Not Owed
I recently canceled celluar service form a national provider. During the cancelation request they informed me I was still under contract. My contract had expired 12/31/01 and I had niether verbally nor in writing agreed to extend it. The service provider had told me my service would be continued on a month to month basis when I contacted them in December, 2001 prior to expiration. There have been repeated service and billing errors since the very beginning. They have now split my account into four seperate bills, improperly applied air time charges and sent it to three different collection agencies. I had responded to the service provider about the improper billing, in writing, prior to the initiation of collection activities and received a vague, uninformative response. I have also responded to all three collection agencies in writing. Please let me know how to stop this process and what legal remedies I may have.
2 Answers from Attorneys
Re: Debt Not Owed
You state that you just recently cancelled your service with the cellular phone company. On the date you canceled, you were responsible for all airtime through that day. Once your original contract expired, could they continue your service on a month to month basis? Probably, but check your original contract. I have had it happen to me before. And keep in mind, after your contract expired you probably continued to use the phone, which more or less means that you agreed to them extending it. Now if you have errors and calls charged to you that you did not make, you have the right to redress these with the company. Do not call them about it. Document, in writing, clearly what you are questioning and disputing. Then send a copy of that letter to all of the collection agencies. Until you dispute it, they have to assume the debt is valid. Dispute the debt with the agencies and ask that the suspend collection until this matter is cleared up. Is sounds like you do have legitimate debt for airtime that you used, but maybe you and the cell phone company came come to a resolution to agree to a specific amount owed due to the errors and incorrect billing. You might be able to make apyment arrangements, but don't expect but maybe 60 days to pay it in full. We assit people with debt negotiations and payment arrangements. If you feel you need oour services, please call at (317) 916-2300, or toll free (888) 403-3328.
Re: Debt Not Owed
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#808
It sounds to me like you made all the right moves. It is up to the debt collectors to justify their conduct, if you challenged it within the 30 day period they should have informed you about. So, if you want, send all the rude barbarians another letter; inform them all that you intend to sue under the Fair Debt Collection Practices Act if they ever contact you again. The FDCPA link is above. Then submit a complaint to the FCC about the phone company's billing practices. http://www.fcc.gov/cgb/cellular.html#billing. Make these people carry a little water for their misbehavior. If the miserable cretins ever again disturb your tranquility, then bring the matter to the attention of a local attorney, who will cheerfully sue them and collect his attorney fees and $1,000 damages for every violation. Contact your local bar association for a referral; ask for someone with experience in consumer protection and Fair Debt Collection Practices. And good luck.
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