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Advice Team Responses
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Miscellaneous: Billing Problems |
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A company is threatening to take me to collections for not paying for an item that I never received. It is only $17, but I don't think I should have to pay for something that I did not get. Please advise. Is there a law to protect consumers in this situation? -Cindie |
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Cindie,
The federal "Fair Credit Billing Act" (FCBA) states if a consumer wishes to trigger an action under the FCBA, the consumer must send a notice "in writing" within 60 days after receiving the bill, outlining the nature of the dispute. An oral notification is insufficient. When a creditor, within 60 days after having sent the bill to the purchaser, receives a "written notice" from the purchaser about a billing error, the creditor, not later than 30 days after receipt of the notice, must send a written acknowledgement of the notice.
The creditor must:
1. Make the appropriate correction and notify the consumer of the correction.
2. After an investigation, send a written explanation or clarification setting forth the reasons why the creditor believes the account is correct.
If you would like further information about the FCBA, please go to the government's website: (www.ftc.gov).
Good luck!
The Advice Team
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I just finished paying off my credit card bills that I accumulated during college (at least the minimum payment on time every month.. so that's not my problem). What is my problem is that I saved every bill and now I'd like to get rid of them. I know I shouldn't just throw them in the garbage for security reasons. A couple of the accounts I have closed, and another two are still open. What would you suggest? -Ann |
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Ann,
If you haven’t seen a copy of your credit report for a while, I recommend pulling one to make sure all of your paid accounts are reflected that way. You can get free copies of your credit reports annually from www.annualcreditreport.com.
If the reports are accurate, start shredding! (I'd hang on to the final statements showing that the accounts are paid in full.) Make sure personal information such as account numbers and addresses are sufficiently destroyed.
Congratulations on paying off those debts!
The Advice Team
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I received a bill from a department store a few days ago. The bill stated I was 90 days past due and was scheduled to go to collections. The same day I received a bill from a collection agency about the debt. This was the first bill I’ve ever received! I am thinking this is unfair billing practices and I do not want a payment to a collection agency on my credit report. My question is who do I complain to? I have written a letter to the department store explaining my side and asking that they rescind any negative credit info. -Lori |
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Lori,
You do have rights under the Fair Credit Billing Act. This Act applies to "open end" credit accounts, such as credit cards and revolving charge accounts. To take advantage of the law's consumer protections, you must write to the creditor at the address given for "billing inquiries," not the address for sending your payments, and include your name, address, account number and a description of the billing error. Send your letter so that it reaches the creditor within 60 days after the first bill containing the error was mailed to you. The creditor must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has been resolved. To read the Fair Credit Billing Act, visit www.ftc.gov.
The Advice Team |
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Recently, my husband was sent a letter from a collection agency stating that we have a balance owed. This is the first time we have received anything stating that we owed this money. When questioned as to what the bill is for, and when, this company has no answers just that we owe and it has to be paid or it will go on his credit report. Now what are our options at this point? --Gwen |
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Gwen,
Because you do not remember this transaction ever taking place, it makes sense to dispute the debt. The ability to do this falls under the Fair Debt Collection Practices Act, not the Fair Credit Billing Act. I recommend you dispute the debt in writing and keep copies of all correspondence for your files. If the item appears on your credit report, the creditor must immediately inform them that the debt is being disputed. To read the Fair Debt Collection Practices Act, visit www.ftc.gov.
The Advice Team |
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