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Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer
I got a call from a public hospital billing department. I've been getting treatment from them, and they called to say I owed them $155. After a substantial amount of digging, it turns out that they had refunded $106 to another billing department of the same hospital (which is in the process of refunding me the money), and had failed to account for another $100 that had been paid to them, meaning on net, they owed me $51 when they were calling to collect. The $106 they refunded to another department didn't appear on any of the statements they had sent to me; I had to demand a comprehensive bill in order to even be able to see it. Do I have an FDCP case based on the false representation of the "character, amount, or legal status of any debt?"

I admit to being pretty (possibly irrationally) pissed about this, because they called me first thing in the morning, woke me up, and I was then immediately put on hold for three minutes before anyone picked up. Washington state, if it matters.

EDIT: I also don't know if this matters, but the department they refunded the $106 to sat on that money for four months, until I called them.

Ham Equity fucked around with this message at 18:36 on Mar 4, 2020

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Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer

JohnCompany posted:

I'm afraid he's very likely going to have to, at least it he wants the defuckulating to work. Once you start making claims like "rescind this loan because it wasn't me who took it out," the bank is going to demand a police report or similar, to establish that it in fact was not him who took it out.

Yeah, his mom very clearly had no problem throwing him under the bus when she opened the accounts, he needs to either find a spine or just get "Welcome" tattooed across his back for all future dealings with her.

Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer
Washington state if it matters. I'm suing my landlord over a deposit, I've informed them I'm suing them, I've filed the suit, and I'm just waiting for a court date before I serve them. They sold my debt to a debt collector, I'm guessing I can't sue under the FDCPA?

Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer

Big Taint posted:

If they sold the debt after being sued over it that may be illegal? But that's a question for your lawyer.

I do not have a lawyer, it's a small claims case.

Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer

Sub Rosa posted:

I would expect someone suing a landlord over a deposit to be owed money by the landlord, not owe money to the landlord. Can you clarify the facts of your case?
They kept my deposit and are asking for another $365 on top of that. My claim is that they have improperly kept my deposit, and statutorily owe me double damages on parts of it.

Lawyers in my area cost $300ish/hr, so hiring one for such a small amount is not economical. Even at the $1000 for an FDCPA violation, it doesn't seem economical.

Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer

Southern Cassowary posted:

i am being called by a debt collector

this fact confuses me because i have never missed a payment on any debt in my entire life, immediately set any bills or other utilities i have to autopay, and my only existing debt currently is a car payment and one credit card balance. because of this, i found the idea of being called by a debt collector so confusing that when they said they were a debt collector i just hung up as i assumed it was a scammer. i googled afterward and it seems this place actually exists.

how do i handle this if they call again? i've been googling around and saw some of the law around it but i'm not really sure how to handle the first phone call to get to the point where i get them to validate the debt, because, again, i can't even imagine what the debt could possibly be.

If you haven't done it lately, run your credit reports from https://www.annualcreditreport.com. Do not use a different site, run it from there, make sure you're not seeing anything that shouldn't be there.

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Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer

Ham Equity posted:

Washington state if it matters. I'm suing my landlord over a deposit, I've informed them I'm suing them, I've filed the suit, and I'm just waiting for a court date before I serve them. They sold my debt to a debt collector, I'm guessing I can't sue under the FDCPA?
So, I sent a letter to the debt collector advising that the debt was subject to a lawsuit, telling them that I'm willing to pay it under protest if they will provide documentation and not report it to the credit agency, and requesting proof of the debt. Instead of doing any of this, they simply reported the debt to credit agencies. Should my next step be getting a lawyer? It's a $365 debt, so I'm wondering if a lawyer will even touch it? I filed a CFPB complaint, and the debt collection company just told them that I'd been provided with that information, and posted the bill from my landlord and my lease, and the CFPB closed the case.

How do I go about finding an attorney for this in the state of Washington? Is the bar referral service my best bet?

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