AboutTimmy Chou Expertise I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".
Question I sent a letter to my cell phone company disputing the validity of my bill and requesting that the account be sent to arbitration. I received one phone call from T-Mobile saying they would "follow up" with this matter. That was several months ago and now I am getting collection notices from 3rd party debit collector.
My question:
Procedurally what should happen once I tell them that I am invoking my right to arbitrate this dispute?
Answer Thanks for your question.
It is likely that there is no requirement that they submit to arbitration. The company is going to just assume you owe the bill and try to collect it, don't think they will be willing to just talk it out and settle the matter. You must take steps to make it tough to go after you now.
Please go back to my profile and click on the past answers button.
Please read my answers to a prior questioner in order beginning with the question on 11/11/04, then 11/18/04 and finally 6/10/06.
If these answers are not clear feel free to follow up.
Good luck!
PS Here is a copy of a follow up answer to the 2004 questions also.
Thank you for your question.
Your suspicions are correct that it is unlikely that a contract will be
produced. It is the reponsibility of the dealer to maintain these
records--the commissions due to dealers from T-Mobile are kept in escrow
for several months to cover early terminations or other problems, hence,
T-Moblie will likely go back on the dealer for any funds due. You are
correct that the collector is just trying to whine you into a payment.
Here's your next step. A final certifed letter to the collector saying:
1. That you dispute this collection.
2. That the company cease and desist from collection contacts and calls
until they can produce the documentation you have asked for.
3. That the company company comply with the provisions of the Fair Debt
Collection Practices Act.
4. That any notation or entry on your credit file will not be acceptable
and will generate a complaint to your state's consumer protection office.
5. That you will grant the collector ten business days to either produce
the documentation or you will consider the matter closed and any further
attempt to harass or intimidate you will not be tolerated.
Mail this certified, copy your state's consumer protection office, your
attorney (if you have one), and the Federal Trade Commission. Be sure to
have the copied groups listed at the end of your letter so the collection
agency knows you are serious about your threats.
If anyone calls you, do not engage them on the subject of the debt, but
ask them for their name, the name of their supervisor, and then ask them
if they are aware that you have disputed the debt and that they have just
violated the FDCPA by contacting you. This is the only thing to talk about
with them, if you want to talk at all.
You should be able to get rid of this problem. Be sure and double check
your credit file to make sure you were not dinged.
