Comments on: What’s new on Elliott? Collection agencies are coming for you, Billy Mays and US Airways, and birds of prey http://www.elliott.org/elliotts-email/whats-new-on-elliott-collection-agencies-are-coming-for-you-billy-mays-and-us-airways-and-birds-of-prey/ The travel troubleshooter. Sat, 20 Mar 2010 16:50:59 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Joe Farrell http://www.elliott.org/elliotts-email/whats-new-on-elliott-collection-agencies-are-coming-for-you-billy-mays-and-us-airways-and-birds-of-prey/comment-page-1/#comment-20612 Joe Farrell Wed, 01 Jul 2009 15:20:59 +0000 http://www.elliott.org/?p=6965#comment-20612 A. to Collection Agency: "I am not responsible for this debt and owe nothing to your client. If you believe that I owe your client money, please provide proof and all documentation you intend to use in court to prove the claim." B. "Be advised that I owe the creditor nothing, and invoke all rights under the Fair Credit Billing and Collection Act. Any credit reporting performed must be truthful and contain a statement that I contend nothing is owed. Failure to comply with this requirement subjects your company to liability under the Act. C. In the Hertz situation, I would say: "Dear Agency [and send it to Hertz legal], these citations were for the vehicle not being properly registered, inspected and licensed. Hertz has already been provided this document. It was given to the person who checked in my vehicle - I am certain you can identify who is was from your computer records. Be advised that Hertz violated the terms of the our contract by not providing me with a properly licensed, inspected and registered motor vehicle, as well as violated state consumer protection statutes. I invite you to sue me for this matter, since it will provide me a forum for a counter-claim for attorneys fees, general damages and unfair trade practices. In fact, I am demanding a ful refund of the amount which I paid for this rental, together with damages in the amount of $5,000 for harassment in violation of the Fair Credit Billing and Collection Act. Your contract contains an implied covenant that the vehicles you rent are properly licensed, insured and registered. Given you failed to provide such a vehicle, as evidenced by the citation which I received, I am not required to pay you for the rental. Hence, your attempt is to collect a legally invalid debt, which is prohibited under the FCBCA. Further efforts to collect are clear harassment. I urge you in no uncertain terms to locate the citation you seek to collect, ascertain what it is for, verify it is for an improperly licensed and registered vehicle, and please immediately cease and desist all collection attempts. I then require a full letter of explanation and apology to withdraw my demand for compensation under the FCBCA. Thus, it is you against whom a claim can be made for collection. This is an attempt to collect a debt and all information you provide will be used to collect the debt. A. to Collection Agency: “I am not responsible for this debt and owe nothing to your client. If you believe that I owe your client money, please provide proof and all documentation you intend to use in court to prove the claim.”

B. “Be advised that I owe the creditor nothing, and invoke all rights under the Fair Credit Billing and Collection Act. Any credit reporting performed must be truthful and contain a statement that I contend nothing is owed. Failure to comply with this requirement subjects your company to liability under the Act.

C. In the Hertz situation, I would say: “Dear Agency [and send it to Hertz legal], these citations were for the vehicle not being properly registered, inspected and licensed. Hertz has already been provided this document. It was given to the person who checked in my vehicle – I am certain you can identify who is was from your computer records. Be advised that Hertz violated the terms of the our contract by not providing me with a properly licensed, inspected and registered motor vehicle, as well as violated state consumer protection statutes. I invite you to sue me for this matter, since it will provide me a forum for a counter-claim for attorneys fees, general damages and unfair trade practices.

In fact, I am demanding a ful refund of the amount which I paid for this rental, together with damages in the amount of $5,000 for harassment in violation of the Fair Credit Billing and Collection Act. Your contract contains an implied covenant that the vehicles you rent are properly licensed, insured and registered. Given you failed to provide such a vehicle, as evidenced by the citation which I received, I am not required to pay you for the rental. Hence, your attempt is to collect a legally invalid debt, which is prohibited under the FCBCA. Further efforts to collect are clear harassment. I urge you in no uncertain terms to locate the citation you seek to collect, ascertain what it is for, verify it is for an improperly licensed and registered vehicle, and please immediately cease and desist all collection attempts. I then require a full letter of explanation and apology to withdraw my demand for compensation under the FCBCA.

Thus, it is you against whom a claim can be made for collection. This is an attempt to collect a debt and all information you provide will be used to collect the debt.

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