     Thomas Bryan (Thomasb) | Thursday, November 09, 2000 - 04:58 pm 
Well, here is the update. Today I got a letter from the collection agency stating that I owe them $56.50 in collection fees. It not even typed up, it's a pen written portion on the dental bill that has:
+56.50
----------
194.50
Pd. 138.00 10/31/00
$56.50 due -coll. fees
In the envelope with the portion of my paid balance is a dental contract that I signed 4 years ago with a portion highlighted.
"I further understand that a 1.5% finance charge(18% annually) will be added to any balance over 60 days. In the event of default I (we) promise to pay legal interest on the indebtedness, together such collection costs and reasonable attorneys fees as may be required to effect collection of this note."
It is signed and dated by me.
First question, from what I know of legally binding contracts, this would seem to put me in a position to have to pay the $56.50 because of my written agreement.. Is this right?
Second question, if I need to pay this to prevent credit report problems. This has not shown up on my credit reports at all so far. Should I state something to the effect that my attorney says that I should only pay if I get a letter stating that my account is paid and that no information will be reported to the credit reporting agencies? Just what can I do to protect my CR's at this point? |
| Shylock (Shylock) | Thursday, November 09, 2000 - 06:35 pm
If you signed and dated that agreement then you agreed to it.
Fifty-six fifty isn't that much. If it hasn't shown up on your reports it isn't likely to do so if you pay it.
If you don't pay it I don't know what will happen but it might not show up there either. |
| Thomas Bryan (Thomasb) | Thursday, November 09, 2000 - 06:50 pm
Ok.. I agree it isnt too much, but I should get something in writing right? Stating that they wont report any thing negative? |
| Senator (Senator) | Friday, November 10, 2000 - 01:52 am
always in writing promising that it won't be reported? they'll give you a song and a dance about that being illegal. do a search and find the way/language that must be used to avoid it showing up. I think you might say it won't be verified to any third party rather than not reported--so when you challenge it it won't be acknowledged and must be removed. good luck |
| Shylock (Shylock) | Friday, November 10, 2000 - 03:24 am
It's never a bad idea to have something in writing. |
| Don (Don) | Friday, November 10, 2000 - 04:44 am
The agreement that you signed was with the dentist for the work plus possible interest, collections, etc. If when you paid the dentist, it was agreed to in writing as paid in full. Then you agreement with the dentist has been fully complied with.
You do not have a written contract with the collection agency. If the agency feels that they have a right to be compensated for their efforts, then they have to resolve that with the dentist, the people that they have a contract with. |
| Thomas Bryan (Thomasb) | Friday, November 10, 2000 - 07:30 am
Well gee, Im not sure what to do now..
Some say pay it and get a letter, and some say don't because my services were not from them.
Anyone have a definite law answer? |
| Don (Don) | Friday, November 10, 2000 - 11:19 am
Please let me clarify myself. If it was me, 56 bucks isn't worth the aggrevation and I personally would pay it.
Whether or not I owe it is the issue I am talking about. If I didn't care about my credit reports until I had the time to fight with them too, then i'd be an pain in their tail-end because of the principle of the matter.
I just remember the times that I didn't have $56 dollars to spare, and don't want people thinking that because some collector tells them something that sounds correct, that it is. |
| Thomas Bryan (Thomasb) | Friday, November 10, 2000 - 03:07 pm
I have 56 and instead of drawing this out I just want to get something in writing. To my knowledge, nothing has been reported on my CR's yet.. But what can I ask them to put in their letter to protect myself in the case that they either have or have not reported anything to keep myself clean on this one? |
| CC (Creditcriminal) | Tuesday, November 28, 2000 - 06:18 pm
The way this all works is that the Coll Agency bought the bad debt from the dentist for pennies on the dollar (hence the $56 charge). Although they havent reported yet, they just might at this point because they lost out on their cut of the cake. What I think you should do is this:
Send them a cashiers check for the $56 along with a letter referencing the Coll Agency account #. In the letter state that by cashing the check, the Coll Agency agrees that the aforementioned debt is paid in full with no further action.
Send it Cert. mail with return receipt requested. That way, you have a record of when you mailed it, when they received it (along with a signature), and a legal out because they'll cash that check which binds them to the terms you indicated in the letter.
Im no lawyer, but Ive been fighting to clean up my credit over the past few months and Ive found that alot of creditors, collection agencies included, wont delete or show that you paid your account in full unless you dangle the money in front of their noses. Of course, theres a little satisfaction knowing that it was on YOUR terms, not theirs.
Good Luck! |
| June Logan (Junel) | Tuesday, November 28, 2000 - 07:46 pm
The collection agency didn't buy this debt and I can guarantee it. They probably will report, if they do report, but they are not going to spend a lot of time or effort on this small debt. I'm sure the agency collects for this dentist on a contingency basis. If you don't feel you owe it, don't pay it. If it shows up on your credit you can more than likely dispute it off then but I highly doubt you'll ever see it again. |
| Shylock (Shylock) | Wednesday, November 29, 2000 - 02:52 pm
June is completely correct. There's no way that the collection agency purchased that debt. They are just collecting it for the 40% take on the amount collected. |
