Dear Customer,I am sorry to hear of this matter.I am surprised that an attorney is pursuing a matter of less than $1,000.00. You may want to check to confirm their law office and that this attorney is actually licensed to practice in TX. This amount is well below the small claims
dispute threshold, and even assuming all of what they are telling you is fact (which we will discuss in a moment), this isn't going to warrant hiring an attorney for most businesses.The FDCA should apply to your situation (even if it doesn't by virtue of you purchasing the product for your use through a vendor account, a careful debt collector wouldn't risk it).I am particularly concerned by their position of "we do not have to send you any invoices to support our calculations" - this is an impossible position to work with.You can still try exercising all of your remedies (including a "no contact letter") under the FDCA - if the creditor decides to challenge this, then you can raise this as a defense and let the court make a ruling (you stand a lot to gain, they have a lot to lose, and over a disputed amount of $300.00 this isn't a good bet for them to make): https://www.consumer.ftc.gov/articles/0149-debt-collectionYou do have a more complicated issue in that you signed a repayment agreement but failed to make all of the payments. Do go back through that repayment agreement (as well as the original purchase agreement) with a fine tooth comb. See if you can identify any interest or penalty provisions. The repayment agreement is going to be deemed to have "superseded" (or replaced) the original agreement, but it is important to be aware of the earlier agreement's terms and conditions.If you do believe after reviewing your repayment agreement, and your payments that you made, that you are short, you will want to make those payments. (With a last payment date of 2015 you are going to be well within the statute of limitations
). Unless you find something in there that specifically supports the additional fees, they have no basis to be charging you these additional fees. Many contracts
do provide for the addition of "collection fees and costs" - which do include attorney time, and that does get expensive very quickly, but without sending a demand letter or any other correspondence following your non-payment, $300.00 on such a small debt seems very steep. (Just be cautious here, if your contract does have such a provision, they can attempt to make this amount greater, in which case you will be fighting over attorney's fees in court, which isn't a very good use of anyone's time or money, and there is always a risk the court will interpret the contract in their favor).While you can sue a company for violations of the FDCA, it usually isn't worth your time and money for very small debts, however, you can report businesses for bad debt collection conduct to your State Attorney General
, and you can report bad attorney conduct to the State Bar Association. These entities will not help you resolve your immediate dispute, but they can investigate the conduct at issue and they can potentially take administrative action against the business or law firm if they find that a violation occured.