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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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My son has been dealing with a debt collection agency. The

Customer Question

My son has been dealing with a debt collection agency. The debt amount was emailed to him and he started paying them monthly like they asked. Each month would show his payment and the balance left. Now after getting it to the amount of $50, they claim he owes $150. the extra is interest and late fees although he was never late and they never showed any interest he owed. They to;d him today he better pay or they turn over to court and he will owe attorney fees. He has all emails they have corresponded with with each payment and each balance. Can they just charge out of the blue attach on end of the bill an interest amount without having informed him of such an amout until he is paying the last $50 he owes? This is in North Carolina but he tells me they will not identify themselves as he asked all the time who they are and what telephone he can reach them...the will not identify themselves to him..Can this be legaL?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, they CANNOT simply create bogus and additional charges if those fees, costs, and penalties were not in the agreement that he signed. So no, this is not legal, this appears to be a payday loan 'scam' where they demand and attempt to pursue costs where none exist. I would suggest that he send them an email demanding a proper accounting under FDCPA, or he will contact the North Carolina Attorney General's office and file a complaint. Furthermore, if they refuse to provide him with an actual contract and balance, he can retain counsel and sue under the FDCPA for illegal debt collection techniques that they are employing.
Dimitry, Esq.