Question:
I had a debt of $700 that had been turned into a collection agency
(law firm? Driskel, Gillum & Associates Inc) in Florida for a "moving
out fee" when I left my apartment. The debt is about a year old, and
honestly, I had no intention of paying it (the apartment complex told
me that there was no moving out fee if I left for a new job, which I
did, but unfortunately the written lease doesn't say that and I was
too naive to insist it be in writing).
But, since it's showing up on my credit report, I've contacted the
collection agency and negotiated to pay them $100 a month to pay it
off. The first payment was done as a check draft by phone, which was
recorded (by them), and I specifically told them that the check draft
was authorized that time only, and that all of my subsequent payments
would be done by mailing a check on the 6th of each month. The draft
was done immediately for $100.
Well, on the 30th of last month (roughly 3 weeks after my first
payment), my bank statement shows that they drafted another $200 from
my account! Not only is this $100 more than agreed, and done a week in
advance, but they specifically were NOT authorized to draft again!
This is obviously illegal, and has put me in a very bad position,
since now my rent check has bounced and I don't have the extra $100
(plus another $50 in bank fees for the bounced check).
What recourse do I possibly have at this point? I have sent a
not-unfriendly fax to the collection agency asking that they return
the funds, but I have no faith that will happen. But I simply can't
afford to lose that much money that soon, and sure can't afford to be
kicked out of my home.
Answer:
All you say is correct. The OP's biggest mistake was in choosing to deal
with a collection agency in the first place. If you are ever contacted by a
collection agency:
Deny that you owe the debt. Do NOT give any details other than that you do
NOT owe the debt the collection agency claims you owe.
Immediately inform the collection agency that they are to NEVER contact you
again regarding a debt that you do not owe, and that any further contact
from the collection agency regarding a debt that you do not owe will be
considered harrassment.
Do the above whether you owe the debt or not. If you choose to pay your
bills (and that's a good idea), you should always deal directly with whoever
you owe money to, NOT a third party, and ESPECIALLY not any collection
agency
