Thank you. So here are the issues that are raised:
Under a well established doctrine, rescue services can collect on payment due for services, and do not need an agreement from the parties that they are rescuing. This is well established in common law.
The problem is that he has no proof that they told him that this would be "free." It is his word versus theirs. And of course, they are going to DENY that such a statement was made.
A good way to fight this off, perhaps, would be to send a letter to the collection agency demanding that they cease and desist. Example below:
To Whom It May Concern:
re: (name, account #, etc)
I have been receiving debt collection attempts from your company for the debt allegedly owed by me from (describe nature of debt). This debt is not valid. This matter has already been taken up with the original creditor. Despite me requesting so, your debt collection efforts have continued. Demand is hereby made that you cease and desist - now.
If you continue on, then I will have no choice but to seek redress under the Fair Debt Collection Practices Act for the following violations:
15 U.S.C. § 1692f(1) (seeking unjustified amount)
15 U.S.C. § 1692e (threatening legal action without cause)
15 U.S.C. § 1692e(8) (threatening or publishing false debt on my credit history)
Every violation is $1,000 per incident, plus legal fees.
I now consider this matter concluded. Should you contact me again, I will seek counsel to file an FDCPA claim in federal court.
Hopefully, this will get the collection agency to back off and not to place anything on the record, or, to sue.
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