Need some advice with a so called "collection" agency

[enRo]

Here's the story... back when I bought my laptop from Best Buy, I'd say in mid 2007, I was asked if I wanted to sign up for a free 60 day AOL trial, which I immediately declined. I proceeded to pay for the laptop with my debit card and went on my merry way. Three months or so later, I noticed on my bank statements that I've had $30 taken out of my account by "TWX AOL"... so I'm scratching my head saying WTF is this **** for. I immediately get AOL's customer service number and call and give them a runaround saying that I never ever used AOL and asked why am I being charged. They say I have never made an account and they will look into it. So, the next month I look at my statements and see that another $30 was taken out of my account on the first of the month. Now Im furious. So I called AOL, demanding an explaination, and never really got one. So as soon as I got off the phone with them, I call my bank, which is Wachovia, and give THEM the runaround and requested a change in account numbers, because I never acknowledged or gave anybody authorization to withdraw money out of my personal checking account. I get my account number changed and havent heard anything since, until these last 2 weeks.....

I get a call two weeks ago at 8:30pm that shows up on my caller ID as "Telemarketing", and I answer it with the intent of hanging up as soon as someone said Hello (it's what I do). Barely understanding this caller (because the guy was of Hindu decent), which claimed to be a collection agency, looking to collect $103 for AOL.... now I'm REALLY furious. So out of curiousity, I start taking names and phone numbers from these people. He asked that I give him my information over the phone to pay the $103. I refused, and asked him to give me a website, or a method of payment by mail, just so I can have it in writing on what this is about... he refused, saying that they had no website and that they will not send a method of payment by mail. Now, me being cautious, Im not gonna give my account information to someone that shows up as Telemarketting on my Caller ID and I ask to speak to his manager, who then threatened me saying that he will report me (as far as I understand because he was of Hindu decent as well). I laughed and hung up...

Just 20 minutes ago, I get another call from the same ****ing idiot who called me two weeks ago, asking for a payment of $103. I told him "I will NOT pay you over the phone, especially to some guy who shows up as telemarking on my Caller ID. I told you that before, and if you will not send me a notice through the mail, you will hear from my lawyer." and hung up.

I did some research on google and found that MANY people have had the same problem as me, where they purchase a PC or Laptop from Circuit City or Best Buy with their credit/debit card WITHOUT signing up to AOL. I feel as though I've been screwed by Best Buy and that I should not have to pay for something that I never even purchased. The $103 comes from 4 months of denied payment (when I switched bank account numbers). Ive tried twice to cancel an account that never even existed. How should I handle this situation accordingly?

[BonzoHansen]

Wow, that sucks. Try calling AOL direct. If you get the runaround, just keep asking for supervisors. Maybe drop "My lawyer has advised we can file a harassment suit".

The bank changed your ## because of this? They didn't just block the pmts and fight the vendor? That seems odd.

[enRo]

Originally Posted by BonzoHansen

Wow, that sucks. Try calling AOL direct. If you get the runaround, just keep asking for supervisors. Maybe drop "My lawyer has advised we can file a harassment suit".

The bank changed your ## because of this? They didn't just block the pmts and fight the vendor? That seems odd.

No no no, I already fought the vendor. I never had an account with AOL, even according to their records. I requested to have my account number changed because these dicks were not authorized to withdraw money out of my account EVER. The charges come from them trying to take money out of my non-existant bank account.

http://www.google.com/search?hl=en&q...=Google+Search

[BonzoHansen]

Did the bank suggest the acct# change?

If they purport to be collecting for AOL I'd still call AOL back and find out the deal. They may tell you it isn't them. Then I'd say someone is trying to scam you and call the cops.

[enRo]

Originally Posted by BonzoHansen

Did the bank suggest the acct# change?

Yeppers. Im gonna call AOL tomorrow and give them an earful.

[Featherburner]

Were you refunded the $60 they took from your account?

[enRo]

Originally Posted by Featherburner

Were you refunded the $60 they took from your account?

Yes my bank refunded me because I filed a fraud claim.

[Frosty]

Originally Posted by enRo

No no no, I already fought the vendor. I never had an account with AOL, even according to their records.

Can you get that in writing from AOL? If so you're golden.

[BonzoHansen]

Originally Posted by enRo

Yeppers. Im gonna call AOL tomorrow and give them an earful.

Call the bank and see what they tell you.

[WildBillyT]

Don't **** around. Call AOL. Tell them if they don't refund your money and get things right you will contact both the NJ and VA State Attorney General's offices to file formal complaints. If they don't do anything, go ahead and file.

[NJSPEEDER]

Look up the "Fair Debt Collection Act"

My current career is doing mortgage collections. There are a lot of rules, providing lists of causes and fees in print is a part of it. You are entitled to have copies produced of any original agreement that they are basing the claimed debt on.

It would also be good if you can produce the original information about when you called to turn down service to back up your end. Anything from the bank with the stop payment from the initial incident, phone records of when you made the calls to stop the charges, and anything else related that you can think of.

Have fun, sounds like a third party collector. If they call back, hit the record feature on your answering machine, inform them that to eliminate any confusion you are recording the conversation, and watch them squirm.

[ryanfx]

^ those are some good tips

[NJSPEEDER]

What can I say, it's a job. The biggest challenge is not laughing when they go into their stupid stories.

[sweetbmxrider]

who has an answering machine with a record button? i only have voicemail. good advice though

[5.7TA]

Hey man this happened to me, I had to call AOL and have them give me an address to terminate the account in writing b/c they told me they couldn't do it over the phone too. Make a copy of the termination letter and poof they have no choice but to cancel the account or face legal prosecution of their own, that won't make the $103 go away but at least you won't incur anymore AOL charges. Du...A..es, sorry to hear you got hit by this situation too hope that helps you out some.

[NJSPEEDER]

Originally Posted by sweetbmxrider

who has an answering machine with a record button? i only have voicemail. good advice though

You VM will have a feature to record conversations. The catch is that you should tell them, if you don't it becomes a 50/50 shot if any legal actions result.

The biog rights to know:
1. They can't threaten to take anything away from you
2. They can't threaten to garnish your wages
3. They can't call your family, friends, neighbors, or anyone else about your situation. If you are the only one on the account they cannot legally talk to anyone else unless you provide written documentation allowing someone else to speak on the account.
4. They are only allowed to "speak to you" once or twice a day. "speaking" to you can be constituted by, but is not limited to voice mail or actual contact. If they are calling 50 times a day to try to talk to you and it keeps showing up on your caller ID and phone records you can sue for harassment.
5. They are required by law to be able to supply all bills, documents, and supporting materials in print upon request. Some companies require a written request, but they would be obligated to tell you that when you request the documentation as well as giving you all the information you need to submit for the documentation. Any request for documentation must be fulfilled in a "reasonable" amount of time(it's not really defined.)

Collectors get the fuzzy end of the lollipop basically when it comes to trying to push people around anymore. Some places have gone even further, like NYC, by installing their own expansions to the federal Fair Debt Collections Act. So check your local laws, they can be as local as your home town and the collectors will be obligated to follow.

[ryanfx]

oh.. also forgot to mention.. there's a good chance this is on your credit report now as well. Once you get this all worked out make sure you check all three credit unions and see if it made it or not!!

[jims69camaro]

Originally Posted by ryanfx

oh.. also forgot to mention.. there's a good chance this is on your credit report now as well. Once you get this all worked out make sure you check all three credit unions and see if it made it or not!!

that's easy enough to deal with. all you have to do is contact them in writing (all three, if the info appears on all three reports) and tell them you are disputing the original debt. they will contact the reporter (TWX AOL) and ask them to verify the debt. if they don't verify within 90 days, poof the item gets removed from the report(s). even if they do somehow convince the reporting agency that the debt is valid, then you have the right to include a couple lines of text with the report and you can tell how they have been charging you without actually having an account with them. unfortunately, there might have been too much time passed already, so i would check into this immediately. by law, each reporting agency has to provide you with a free copy of your report every year, or when you've been denied credit, so you don't have to join one of those stupid "free credit report" companies that are raking in the bucks by charging idiots that don't understand the law.

i would also start checking around for a class action lawsuit to join. it sounds like (by the google you supplied) they have been doing this to too many people for some time now. that always spells class action, as some lawyer will get the idea to take the case on, and a cash cow like AOL is perfect for a large lump sum settlement. at the very least you will get any interest you would have collected on the money that was supposed to be in your account but was diverted to AOL's pockets, and at the most you could get back a sum equal to all of the fees they collected (regardless if they paid you back or not - it's known as a punitive award) or are trying to collect, plus the interest. definitely worth chasing down. no law suit to join? talk to a few contingency lawyers about taking the case on (they don't charge you anything if they don't win a settlement or judgment). what that means to me is that they are sure they will win either a settlement or judgment if they take the case on. no one likes working for free.

in any case, good luck. and be sure to read the fine print of any offer by best buy or a like-competitor. they may be subsidizing the low price by an agreement between them and AOL to put AOL on your computer and surrender your personal info. this is what it sounds like has happened here, and i wouldn't be the least bit surprised by shady actions such as these, by companies trying to stay in the black.

[NJSPEEDER]

Originally Posted by ryanfx

oh.. also forgot to mention.. there's a good chance this is on your credit report now as well. Once you get this all worked out make sure you check all three credit unions and see if it made it or not!!

Check your credit reports and take care of it now. If they have posted negative information to your credit report without contact or documentation you can have it cleared up and add it to the list of things they are doing wrong that they can be sued and fined for

Honestly all of the advantages of debt are in the hands of the consumer