Legal Question in Credit and Debt Law in Texas
Payment of Past Due Account
I have been disputing a balance with AOL for several months. I cancelled my membership, but was billed for nearly $100 for a period after my cancellation was effective. I have spoken to several AOL reps, 1 of which told me she would reduce my balance in 1/2 if I agreed to pay. I disputed further in writing requesting a response and none was provided. I received another notice of outstanding bal. 2 wks later & contacted AOL once again. Another rep informed me that upon review my balance was $0. I was surprised 2 wks later when I received a notice informing me they would send me to collections if I didn't pay the full amt immediately. I called & disputed further w/no remedy. I decided to pay 1/2 of the bal. as previously instructed by an AOL rep. to clear my acct & avoid any collections or infractions to my credit. I wrote a letter that informed them that my pmt was to be considered ''payment in full'' for my acct. Further, I wrote under the endorsement on the back of my check ''payment in full.'' My check was cashed. Today, I received a notice from a collection agency informing me I still owed the other 1/2 of the bal. that 1 of the reps agreed to waive... Must I pay the remaining balance? Please advise.
1 Answer from Attorneys
Re: Payment of Past Due Account
I would write back to the agency and let them know that the matter has been compromised and settled, and that they are not to communicate with you any more. That goes by certified mail, return receipt requested.
Since the balance was disputed, and you have that in writing, the endorsement of full payment should stand up if there's a lawsuit.
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