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hc processing is calling me everyday to collect a bill for

 
Barrister's Avatar
  • Answered by:Barrister
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Customer Question

hc processing is calling me everyday to collect a bill for north american hearing. I did sign an agreement with them but only when they informed me that it was a trial basis of 30 days before contract was to be effective and if I returned them within that period there would nt be any charge. My understanding is that a nc law states just that. I did return them by ups within the 30 day. I have a folder full of what transspired over 5mths. What do you suggest?

 

Optional Information:
Country relating to Question: United States
State (if USA): North Carolina

Already Tried:
reported to nc state agency and sent much correspondence to collecting agencyand north merican hearing

Submitted: 359 days and 8 hours ago.
Category: Consumer Protection Law
Value: $50
Status: CLOSED
Picture
Expert:  Barrister replied 359 days and 8 hours ago.

Hello,

Do you have a written purchase contract that states that the return policy is 30 days from purchase?

If so, do you have the receipt for the return via UPS?

.

Thanks.

Barrister

.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.



Customer replied 359 days and 7 hours ago.

I did not receive a copy.

Customer replied 359 days and 7 hours ago.

I was informed by state bd. representive that the law in nc isw that it isw required that a 30 day trial

Customer replied 359 days and 7 hours ago.

I was informed by the doctor That I purchased my hearing aid after returning to na hearing their hearing aid that the law of nc requires a 30 period to be able to return

Picture
Expert:  Barrister replied 359 days and 7 hours ago.

Ok, was this a private purchase or was it covered in part by Medicaid or other insurance?

.

Thanks.

Barrister

.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer replied 359 days and 7 hours ago.

no insurance was used and no down payment required.I was not aware that hc processing was involved. All preliminary adv. stated that that needed people to try out their equipment.

Picture
Expert:  Barrister replied 359 days and 6 hours ago.

Ok, if this is a collection company calling you, you can send in a written request that they "validate" the debt by proving it is yours, it is valid, and that they can legally collect on it. You can use the template letter below with your particular information. If they can't validate the debt, then they can't legally collect on it. Along with the letter, I would suggest including a copy of the UPS receipt showing where you returned the unit within the 30 day period and write on it, "Unit returned within 30 day period as allowed by law"
.
.

November 3, 2010

.

Your Name

123 Your Street Address

Your City, ST 01234

.

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

.

Re: Acct # XXXXX

.

To Whom It May Concern:

.

This letter is being sent to you in response to a notice sent to me on September 30, 2010). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully XXXXX XXXXX your offices provide me with competent evidence that I have any legal obligation to pay you.

.

Please provide me with the following:

.

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

.

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

.

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

.

Best Regards,

.

Your Signature

Your Name



.

.

Thanks.

Barrister

.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer replied 359 days and 6 hours ago.

I have not received answer to last reply

Accepted Answer

Picture
Expert:  Barrister replied 359 days and 6 hours ago.

Sorry, JA can be a bit buggy at times. I will copy my answer below.
.
.
Ok, if this is a collection company calling you, you can send in a written request that they "validate" the debt by proving it is yours, it is valid, and that they can legally collect on it. You can use the template letter below with your particular information. If they can't validate the debt, then they can't legally collect on it. Along with the letter, I would suggest including a copy of the UPS receipt showing where you returned the unit within the 30 day period and write on it, "Unit returned within 30 day period as allowed by law"
.
.

November 3, 2010

.

Your Name

123 Your Street Address

Your City, ST 01234

.

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

.

Re: Acct # XXXXX

.

To Whom It May Concern:

.

This letter is being sent to you in response to a notice sent to me on September 30, 2010). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully XXXXX XXXXX your offices provide me with competent evidence that I have any legal obligation to pay you.

.

Please provide me with the following:

.

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

.

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

.

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

.

Best Regards,

.

Your Signature

Your Name



.

.

Thanks.

Barrister

.

If I have answered your question, PLEASE CLICK THE GREEN "ACCEPT" button NOW, so that I receive credit for my work. Bonuses are optional and greatly appreciated. Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting/interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 97.4 %
Accepts: 781
Answered: 4/21/2012

Experience: Attorney with 12 years experience in various areas

Ask this Expert a Question >
Customer replied 359 days and 5 hours ago.

Can this letter be sent so that I can copy it off computer to copy machine?

Picture
Expert:  Barrister replied 359 days and 4 hours ago.

My interaction with customers is limited to this public forum, but typically what I recommend is that customers copy and paste the letter into a Word document and then print it out after they have added their particular information.

.

Thanks.

Barrister

.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

 
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