What can I do if a collection agency denies receiving a payment after proof was submitted by my bank.

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What can I do if a collection agency denies receiving a payment after proof was submitted by my bank.

I made a large payment to a collection agency using an electronic on-line payment and the collection agency continues to say that they never received it even after my bank provided proof (via a copy of the electronic check as well as I told them I have proof of payment print out from the bank). Therefore they continue to say my balance owed is more than it really is and that I needed to find out who signed off on the check within their corporation. I have continuously sent payments to this company via electronic payments of my monthly payment but when I sent a large amount they lose it. What can I do?

Asked on April 15, 2011 under Bankruptcy Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Contact your state Attorney General's Office as soon as you can about what is going on.  File a formal complaint (probably with the consumer fraud division) and fax them all the proof of payments.  In the meantime ask for a complete statement of account from the collection agency in writing.  Fax them the letter as well, and send both with confirmation that it was sent. Now, call again and ask to speak with a supervisor and then the supervisor's supervisor.  Ask to speak with their legal department as well.  Take down every name and ID number and phone number and ask - no demand - that someone look in to it and call you back.  Tell them that if they have applied the funds elsewhere than to your account they have committed fraud and basically robbery.  Good luck to you.


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