My credit could be ruined (long)

[lachesis]

Over $80 bucks!!

So a couple of years ago when I first moved in my house I had called in a local pest control company upon the referral of a family friend who worked there. Since the house had been unoccupied several months before I moved in, there was evidence of some mice activity in the attic as well as millipedes and ants.

The initial inspection went well - I signed up for a quarterly service and was promised that on top of the quarterly service, I could call anytime if there was something that needed to be taken care of in an emergency (such as possible infestations). WELL. I wouldn't be here if everything was going peacefully with this company.

For over a year I have been battling with them over the last time they supposedly showed up to the house. October 2011 I had gotten a voicemail on my house phone asking if they could come by on Columbus Day (mid-October). I called back and advised them that yes, I would be available all day since it was a holiday at work. The day came and went and... no one showed up.

Unfortunately, I was not able to get a person on the line since by the time I realized the tech didn't show, it was past regular office hours; the next day I was working, and my job at the time did not allow me to step away to use the phone. I left a message at the office for them on my lunch break to please return my call and gave my cell phone number.

Early November rolled around and another voicemail at home (late that night) from the office asking if I would be available the next Saturday for service. I called them on my commute to work the next day and left a message confirming Saturday would be fine for the tech to come. Well, wouldn't ya know? Another no show!

I never got another message and stupid me got so busy with life, I forgot all about the service until one day I got a letter in my street mailbox (I have a PO Box and rarely get mail at the house). This was in JANUARY. The letter was a bill stating I was past due and that my services had been suspended for non payment.

Ok, where did I say that the tech EVER showed up at the house??? I tried calling the office - they had moved (different address on the bill) and the number was busy. I kept calling and calling several days when I was able to and never got an actual person on the line. I said "fuck it" and did not pay the bill due to the fact that I believe services were not rendered on the day in question.

I kept getting bills at the street address with uglier and angrier "PAST DUE" written in big red magic marker. I ignored them after again every time I got one, I would attempt to call the office only to be relegated to a voicemail once again. One time I did get a person and when I asked for the owner, was hung up on.

Finally this past month I wrote a letter telling them services were not rendered and no one had ever come when I had confirmed I was home at least twice. The letter also stated that one day my sister had stayed at the house on a day they had requested to come inside to change the mouse traps in the attic. Are we seeing a pattern here? My sister wasted her day and yet again I got fucked.

Another instance happened that I had wasps in a rather inconvenient area of the house (attic again - near the entryway). I called, as noted above due to an emergency, left a message (do they even check the damn thing?) and hoped for the best. The previously mentioned family friend, who no longer worked for them, but felt responsible for referring me, did the job himself and I paid for the materials to get rid of the wasps.

The letter also included an exclamation of how abysmal their customer service was and to rescind the charge while ceasing and desisting all communication.

What did I get today in my street mailbox? (Because of course, when you put your PO Box as the return address, you would think THAT was the address you want correspondence to be sent, right?) Another bill with GIANT "PAST DUE" letters in the famous red magic marker and a generic "Dear Valued Customer" letter telling me that if I fail to pay I will be sent to collections.

So now, after all the backstory - tell me, friends... what can I do to prevent the collections? At last check (when I bought my car earlier this year) my score was high 700s-low 800s. I do not have the voicemails they left me and I shredded the bills they keep sending me (like a dumbass). They clearly ignored the cease and desist request too. HELP!!

[Andara Bledin]

Speak to your local consumer protection group and contest the bill.

Other than that, however, I'm not sure what can be done.

You might also wish to file a formal complaint with the BBB. It may not get much done, but it'll at least go on their record.

^-.-^

[Pixilated]

Would you consider this worth the price of an initial consultation with a lawyer? (Sometimes those initial consultations are free.)

[Andara Bledin]

Another thing I though of: a single delinquent charge for $80 is going to do very, very little to your credit.

Hell, I had a judgement against me for $8000 (plus interest that pushed it up to about $12k before I got it dealt with) and because I also bought a fridge through a rent-to-own place and paid that without a hitch, I was good for a car loan. The boyfriend, who had no delinquencies at all or anything else on his credit, good or bad, was denied out of hand, however.

Plus, if it does go to collections, I believe you can request proof that the agent doing the collection has the right to collect the debt, which may or may not get them out of your hair, depending on how the company handles it.

Honestly, I wouldn't be too put out over it, either way. But I would find a way to report them for trying to collect a debt for services not rendered.

^-.-^

[Dips]

My brother wound up with mark on his credit due to a bill that he didn't owe.

When he applied for a mortgage he mentioned the incident and showed the loan officer the thick file folder with all the letters back and forth showing that he'd tried his best to work with these people and they refused to work with him.

It wasn't a problem; he got the loan.

So start a paper trail. When you get a bill dispute it in writing. Make a note of the dates/times you've attempted to contact them by phone in your letter. Explain that the services were not rendered and you owe nothing. They can't prove they rendered services. How would they? If they had, they'd have some document you signed when they showed up. Do this each time you get a bill. Keep copies of everything.

If you owed people money just because someone sent you a bill, then anyone could just set up a business and start billing random people. Obviously that doesn't happen all the time because it's fraud and illegal.

Speaking of fraud you should report this to your state's attorney general office. I had to do that once myself and it was resolved within a week. This wasn't deliberate fraud, just bad bookkeeping. I'm not sure about these people you're dealing with. If they're dodging your calls, they're looking pretty shady.

If it ends up in collections get the collection agent's fax number and fax the whole mess to them to prove that the debt isn't valid and, if you've contacted the AG, be sure to mention that as well. Knowing the AG is aware of something tends to head off...unpleasantness. Be polite and sympathetic to the ageny (unless they're jerks) as they got ripped off buying an invalid debt. They don't like that.

[lordlundar]

You might be able to call the issuing bank and contest the charges considering you're being billed for a nonexistent service.

[Ghel]

If you live in the US, here's what you can do:

If it does show up on your credit report, you can call the Credit Reporting Agency and file a dispute. The CRA will attempt to resolve the dispute, usually via a letter to the creditor. In the meantime, it will be noted on your credit report that you dispute the collection. It's not a huge help, but if you try to get a loan, at least it will show that you are trying to get it resolved.

I also agree with Dips. Keep all the copies of the bills you've received and letters you've sent them. Write down, if you can remember, the dates that you or your sister stayed at the house and the worker never showed.

[PepperElf]

you may also want to consider contacting the FTC in regards to the bills.
especially since you're being billed for services not rendered.

[Shpepper]

Also call your local news consumer advocate. Most of them love going after companies that do things like this.

[Seshat]

If there is such a thing as 'small claims court' in your part of the world, contact them. They're specialists in disputes like this.

[lachesis]

Thank you all for the suggestions. I've started a file with what little I could dig up (as in my OP, I shredded most of the bills and did not keep the voicemails on my answering machine from 2011). I also changed over phone providers recently and don't have very many records attempting to call the company. I suppose if they take me to court, it's their onus to prove it, and they do not have my signature on an invoice from that day.

I am due for my free annual credit report in March, so I'll keep checking it and if I see anything detrimental, I'll dispute it.

[Sapphire Silk]

Would you consider this worth the price of an initial consultation with a lawyer? (Sometimes those initial consultations are free.)

A lawyer will advise her to pay. It's cheaper than hiring a lawyer to fight it; she'd lose more in legal fees and court costs than the bill is worth. This happened to me over a hospital bill.

Another thing I though of: a single delinquent charge for $80 is going to do very, very little to your credit.

It depends on what she's trying to buy. A friend had a house loan denied over a $25 credit card bill.

Hell, I had a judgement against me for $8000 (plus interest that pushed it up to about $12k before I got it dealt with) and because I also bought a fridge through a rent-to-own place and paid that without a hitch, I was good for a car loan. The boyfriend, who had no delinquencies at all or anything else on his credit, good or bad, was denied out of hand, however.

Which just reinforces my previous point. The way the credit bureaus make these decisions is just insane, opaque, and inconsistent.

Plus, if it does go to collections, I believe you can request proof that the agent doing the collection has the right to collect the debt, which may or may not get them out of your hair, depending on how the company handles it.

Now you're on the right track. FTC regulations state that the creditor must provide upon demand to the debtor proof that the debt is actually owed. That means more than just "we say so." They have to provide documentation that a product was bought or a service provided. If they can't, then you don't have to pay and they can't take it to collections.

Now when consumers dispute inaccuracies on their credit reports with the credit bureaus, the bureaus are required to investigate the dispute. This amounts to the bureau calling the company and saying, "Hey does this person owe you? Yes? Sorry, Charlie, the bad report stays on your record for 7 years."

However, the consumer can make a statement that goes with the credit report state, "I have evidence of X to prove my claim" that at least puts it out there that there are two sides to the story. It really depends on the new lender on how they'll view that particular report.

If there is such a thing as 'small claims court' in your part of the world, contact them. They're specialists in disputes like this.

It's still court. You have to prove that the bill is not owed. Go prepared with all the documentation, and demand that the company in question provide proof of service required.

I've started a file with what little I could dig up (as in my OP, I shredded most of the bills and did not keep the voicemails on my answering machine from 2011). I also changed over phone providers recently and don't have very many records attempting to call the company. I suppose if they take me to court, it's their onus to prove it, and they do not have my signature on an invoice from that day.

I am due for my free annual credit report in March, so I'll keep checking it and if I see anything detrimental, I'll dispute it.

Any documentation you can provide will help. Write down, in a matter of fact way, no personal opinions or emotional statements, exactly who called when on what date, what was said, and who was where when, and who was not where when. It's not evidence per se, but as much detail that you can provide will help convince a judge that you are the one in the right.

And definitely demand they provide an invoice with a signature showing the service was actually provided. Without that, they have no case.

From now on, do all your contact with this company in writing. It will be slower, but you will have a paper trail. Send all communications certified mail to prove they got your communications. If you tell them you want all communication in writing, the FTC says they have to comply. Look up the Fair Credit Reporting Act and the Fair Debt Collection Act here: this info is a godsend and will stop unscrupulous debt collectors cold in their tracks.

[Dips]

Let me remind all of you that this is about one incident.

If you want to discuss how the credit bureaus are regulated, please do that on fratching.

We've already done a delete and an edit. Next time infractions will be issued.

www.fratching.com

[PepperElf]

Thank you all for the suggestions. I've started a file with what little I could dig up (as in my OP, I shredded most of the bills and did not keep the voicemails on my answering machine from 2011). I also changed over phone providers recently and don't have very many records attempting to call the company. I suppose if they take me to court, it's their onus to prove it, and they do not have my signature on an invoice from that day.

I am due for my free annual credit report in March, so I'll keep checking it and if I see anything detrimental, I'll dispute it.

You may also qualify before then - can't hurt to ask.

http://www.consumer.ftc.gov/articles...credit-reports

Q: Are there any other situations where I might be eligible for a free report?

There's a good paragraph there.

worst case scenario, you call the FTC's number and they tell you "no".

according to the link though, an additional report costs 11 dollars. (if you don't qualify for another free one that is)

[taxguykarl]

Another message board to discuss this and credit repair. In general dispute that debt and all other baddies on your credit report. Each bureau has to give you one free report each year.