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Bought phone at mall kiosk returned them now I am being sent to collections
Category: Business
Tags: collection agency
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3/31/2010 7:15 PM (PST)

Hi I wanted to know what type of recourse I have. I bought a phone at a kiosk in a mall. I did not like the service returned before the grace period. Now I get a collection letter saying the phones were never returned. I called the collection agency saying I should have had a receipt but none was ever given since the kiosk said they were free phones. So now they want me to pay 250 dollars I dont have.

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4/1/2010 3:08 PM (PST)

Luis,
What is the name of the collection agency that is pursuing you? Some quick resources that you should read through:

"How To Deal With a Collection Agency"
http://www.la.bbb.org/GIReport.aspx?DocumentID=69

Also, you had better be checking your credit report - make sure you read this:

http://www.la.bbb.org/GIReport.aspx?DocumentID=165
"What You Should Know About Your Credit Report"

http://www.wikihow.com/Deal-With-Collection-Agencies
Here's an excerpt:
"Ask for proof that you owe the debt. Within the first five days that the agency contacted you (whether by phone or mail), they must send you a debt validation notice, which is a letter letting you know you have the right to dispute the validity of the debt within 30 days. If you don't dispute the debt within 30 days, the collector can assume it is valid. In order to dispute the debt, submit a written validation request. As soon as you do that, they cannot continue to try and collect the debt from you until the dispute is resolved.[1]

Send the debt validation letter via certified mail with return receipt requested (so that you have proof that you sent it, and that it was received). See the sample letter below. Whatever you do, make sure you don't acknowledge the debt. Keep repeating: "I want to see evidence of this debt in writing. I do not acknowledge this debt." This is a precaution against zombie debts--when collectors try to get you to pay for debts you are not responsible for.

Verify the debt. In response to your debt validation letter, the collection agency must send the following:

proof that it owns or has been assigned the debt by the original creditor
a copy of the original legal contract that you signed with your creditor
documentation from original creditor which shows that you owe the debt"

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