Expert: Ray A Miller - 10/4/2011

Question
Hello,

Early this year I cancelled a DSL account with Qwest. They subsequently sent me a mail label to return the modem I was renting. I returned the modem using their mail label. They turned my account over to a collections agency and later sent an invoice for the modem.

First I contacted Qwest (several times) and was told that there is nothing they can do.

I then asked for validation from the collections agency (second agency actually, the first is MIA), and they sent me a copy of the invoice that Qwest sent me for the modem.

What should I do now? I hold a delivery confirmation receipt from UPS. I feel I have followed up with both Qwest and two collections agencies as far as possible. Should I just wait, and then sue? And if I sue, why would I win? This is clearly a mistake on Qwest's part, and they are clearly unwilling to resolve it amicably.

Thanks!

Andrew

Answer
If you have a signed delivery receipt, send Quest and the collection agency a copy, along with a copy of a letter to Consumer Affairs, the BBB and the Attorney General.  That should do it.  If not, take them to small claims court along with all of your proof.  With a signed delivery receipt, you should have no problem winning the case.  As far as the poor validation, the Fair Debt Collection Practices Act does not state the definition of said validation, so I can not help you with that one.