John
Memphis,#2Consumer Suggestion
Thu, March 13, 2003
If Alyon does push this scam billing as far as a collection agency here's what to do:
1) Find out if it's really a separate collection agency or an 'in-house' one run by Alyon. If the collection notice is from 'Alyon' (read all fine print, they may bury the info in the notice) you can assume it's an in-house collection operation. The reason that this is important is that if it's from a bonafide collection agency then they are regulated by the rules of the FDCPA (Fair Debt Collection Practices Act).
I recommend searching Yahoo for all info sources on the FDCPA. You may be pleasantly surprised to learn what rights you really have when dealing with creditors.
2) Upon receiving the collection notice send a certified letter to the sender demanding validation of the debt. They must present a copy of a legally binding contract you have entered into. Once you send this letter in they may not engage in ANY collection activities until the validation is provided.
I think your problems will stop at this point. They will have absolutely nothing that will stand up to the scrutiny of the court.
If Alyon is using a third-party collection agency and they violate the FDCPA you can take them to court and be awarded $1000 plus legal fees for EACH infraction.
If Alyon is doing their own in-house collections they are not bound by the FDCPA but you can still sue them. Atttorneys are always looking for deep-pockets and class-action possibilities. Check your local Yellow Pages for attorneys specializing in consumer affairs.
Good luck......and play hard.