I’m getting calls from a legitimate debt collection company, but they’re using really shady tactics. They claim I owe $6,000 from a furnace repair last year. They got the right time and year, but they named the wrong company — the one they listed never worked on my furnace.
They also say they’ve been emailing me, but the email address they’re using isn’t mine (it has my name but it’s not my account). My homeowners insurance was supposed to cover the furnace repair. The insurance company says they contacted the financing company, but Fortiva never responded, and then the account was supposedly sent to collections.
Im looking at my bank and I’m now seeing a past due of 6000 earlier this summer however I don’t see that it was taking to collections.
Now this debt collector says they only do everything through email. I asked for a physical letter, but they told me if they send paper mail it would cancel the “discounted payment agreement” they offered me.
Does this sound legit, or am I being pressured into paying without proper validation?
Debt collector called.
byu/Ecstatic-Video-6720 inpersonalfinance
Posted by Ecstatic-Video-6720
12 Comments
I wouldn’t negotiate over the phone.
I’d personally tell them that you only deal in written and mailed correspondence and hang up.
Check your credit reports as well.
Also if you really do owe 6k to the furnace company? Try calling their billing department.
No proof no pay.
Demand that they send verification of the debt via USPS, or whatever mail service your country uses. An email is not evidence that you owe this debt. They need to send you certified mail regarding proof of debt.
As far as I know, if there are ANY inaccuracies in what they’re trying to collect it may void the debt they’re trying to collect. Keep track of the discrepancies, but do not share them with the debt collector. — IDK who you would share them with (I’m sure someone else does), but debt collectors are not your friend so I don’t think I’d want to be sharing that with them.
Also make sure you check your credit report. [CreditKarma.com](http://CreditKarma.com) is free/easy and should list any derogatory remarks, but you can also reach out to the credit bureaus directly as well. If there’s any inaccuracies with any derogatory remarks reach out the credit bureaus and dispute them.
If you are in the US, the Federal Fair Debt Collection Practices Act requires debt collectors to provide a written validation notice within five days of the initial contact which provides the details of the debt and options for dispute. They are violating the act if they don’t provide it to you. Check with a lawyer if they won’t provide it.
When it’s provided, send it to your insurance company for payment. While you are responsible for the debt, they will likely cease collection efforts while your insurance company processes the claim. IMHO, you should dispute any collection fees which have been added to the bill. It’s not your fault their client didn’t cooperate with the insurance company to get the claim paid.
You need to get with the HVAC company that did the work, or look at the contract you signed for where this loan was taken out. Seems like your homeowners insurance should be paying and if they have not you need to figure out the missing piece.
You are on the hook for the debt as it sounds like you had work done you need to advocate to get the insurance money to the correct company.
The debt collector is lying to you. According to your rights under the Fair Debt Collection Act (FDCPA) you have a right to demand a written documentation regarding the debt owed and you may immediate dispute said debt upon being first notified. Tell them you know your rights under the FDCPA, you want the documentation as to the debt in writing, you dispute the debt and you want no negative remarks on your 3 major credit reporting agencies in the interim. Further tell them (all in writing) that any deviation from your instructions or further violation of your rights under FDCPA will be reported to the state Attorney General.
As other said, Next communication, notifiy them certfied mail only, any more discussions on this will be via certfied mail and you need details on the debit you claim I owe.
Block and move on….if they mail you a letter, make sure they provide proof.
Who did Fortiva pay if anybody on behalf of your furnace needs? What did your insurance company do or whom did they pay?
I would certainly contact all parties involved in this and get their responses in writing and hopefully you can figure this out .
It kind of sounds like your insurance company paid wwno HVAC and your credit line paid for someone else’s HVAC needs through another HVAC company
Contest it on your credit report. The innacuracy of the debt would probably jusy have it be cancelled
[https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text](https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text)
read about debt collecting
I would absolutely only communicate with them through documented methods.