Legal Question in Credit and Debt Law in Washington

Collection Agency - Refusing to Provide Account Paperwork

I graduated with substantial student loan debt. After failing to make payments on one of those debts it went to a collection agency. (total debt $19,000.) Over the next four years I m ade regular payments totally around $16,000. However, on two occasions the company stopped taking payments from me. I fought with them to try to get them to resume payments & only after I lodged a complaint with the state AG did they resume taking my payments. 2 months after they resumed, I was informed the account was being moved to an attorney for litigation. I disputed the charges though the attorney and it took 9 months for them to respond; and I again began making payments. After two months of payments, the agency took the account back from the attorney. They are now claiming the account has risen to $52,000. I have asked for an account statement detailing what I have been charged, why I have been charged, when I have been charged and how much I have been charged. They have told me ''the don't have to provide this information.

Two questions:

Do they have to comply with my request to provide a detailed account statement?

Am I responsible for interest and charges accumulated during those periods when they wouldn't accept my payment


Asked on 10/25/07, 12:59 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Collection Agency - Refusing to Provide Account Paperwork

What a mess! Couple of thoughts - provided that you have records of these communications, consider contacting Joyce Heritage in Mt. Vernon. She's an attorney skilled at debt negotiation and compromise. She may be able to get this straightened out for you. You can find her contact information at wsba.org, under Lawyer Directory.

They DO have to provide this information. If the State AG is not able to assist you, consider contacting the FDIC who monitors the FFDCPA compliance.

Also, a Google search for Federal Fair Debt Collection practices act will get you to pennlawyer.com, which is a very useful site on debt collection practices that might be helpful to you.

Please be sure to have your communications with any debt collector in writing, and when you write to them, send it certified return receipt requested so you can prove you wrote.

As to whether you are responsible for interest/fees when they refused to accept payment - I can't tell without looking at all your communications to and from them. It also turns on what your initial prom note said.

Hope this helps. Elizabeth Powell

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Answered on 10/25/07, 1:13 pm


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