When you have a dispute over a bill with a company, sometimes it’s not enough to respond to a collections notice with evidence that the bill has been paid. Sadly, even if the collections firm appears to drop the matter it can still come up again, and again, and again. This is the tale of the bill that just wouldn’t die.
It’s often harder than it should be to close an account. A small remaining balance, sometimes invisible to consumers, can create a big hassle, leading to collections calls and damaged credit – even bills that are several years old for as little as $50 or $100 can really punish a credit score. That’s bad enough.
It’s hard to understand how simply changing service – rather than canceling service – could lead to that kind of red tape nightmare. But that’s exactly what happened to Cathy Nestor, who lives north of Chicago, when she dropped AT&T’s U-verse TV, phone and Internet bundle three years ago and went with only U-verse Internet service.
The trouble started with a $70-something balance remaining on her old bundled account with AT&T’s U-verse, which Nestor claims she paid back in 2011.
Since then, three different firms have tried to collect on the bill, and Nestor says she provided evidence it was paid each time. Still, by the time she wrote to me, she was on the verge of getting reported as delinquent to the credit bureaus.
AT&T, for its part, disagrees with Nestor’s version of events. The company says the old account was never settled (for reasons we’ll explain shortly) and claims her evidence is faulty. Nestor says that the various collection firms never successfully communicated that to her, or didn’t push back when she told them the bill was paid.
When Nestor dropped her U-verse bundle in 2011 but kept high-speed Internet, AT&T gave her a new account and new account number. She says she paid her new bill, thinking it would include any leftover balance from her old U-verse account. It didn’t. But soon after, she realized the error and says she separately paid the old account bill balance of $72 on Nov. 23, 2011. As evidence, she provided me a copy of an electronic payment from her bank statement. (And we should note that she is currently considered an in-good-standing customer of AT&T’s Internet service — that is, on the new account.)
Then the fun began.
She says she got a letter requesting that the bill on the old account be paid. She says she wrote back with evidence that it had been paid, claiming AT&T must have lost the payment amid the account number confusion. About 18 months later, she got a letter from another collection agent demanding that the bill be paid. Again, she wrote with evidence of payment. Then in January 2013 (“Yes, this has been going on that long!”), she received a letter from yet another collections company, Afni Inc., based in Bloomington, Ill., demanding a $79 payment.
“This account has been placed with our agency for collections,” read the letter. “We are requesting your assistance in resolving this matter. We may report information about your account to credit bureaus.”
“I WILL NOT BE PAYING THIS COLLECTION ITEM,” she wrote to Afni, in all caps. (Nestor provided a copy of the exchange for my review). “AT&T has already been paid, and they have tried to sell this off once before. I have already proven to them they were paid. I do not know why they keep trying to collect this.” She concluded by threatening legal action.
Then, nothing. No acknowledgment of receipt. No, “We’re sorry, we’ll drop it,” notice. No new attempt to collect. Silence. It was tempting to think the matter was closed, but Nestor knows consumers should never assume any such thing.
“Just waiting for it to show up again, you know,” she wrote when she contacted me to complain about the repeated collections.
I reached out to Afni, and the firm shed a little light on the situation. AT&T had not sold the debt, but was using Afni as a third-party firm to attempt collection.
“When Afni had this account, AT&T was the owner of it—we did not purchase it,” said Debra Ciskey, director of compliance at Afni. “This account was recalled from Afni by AT&T on Aug. 5, 2013, so we are no longer handling it on behalf of AT&T.”
When I asked Ciskey what “recalled” meant, she said Afni was simply instructed to stop attempting to collect on the debt on behalf of AT&T.
“I am sorry that I am unable to tell you what would have happened to the account after we returned it to AT&T,” she wrote.
Ciskey’s responses suggested Nestor’s fear her bill would become zombie debt was well-founded.
“Terrific. I’m guessing that means I still haven’t seen the end of this,” Nestor said, sarcastically. She was right.
Next, I contacted AT&T, and the firm said that Nestor did indeed still owe the money. Emily J. Edmonds, director of AT&T Corporate Communications, acknowledged the payment Nestor made in November 2011, but said it was applied only to her new Internet service account rather than her old bundled account. That left a $79 balance (Nestor and AT&T also disagree on the old account balance).
“This customer has had an outstanding balance on her former account since 2011 that was never paid, ultimately resulting in the bill being sent to collections,” Edmonds said in a statement. “Once we were notified that the customer claimed to be wrongly charged, we conducted a thorough account review and determined the outstanding balance was indeed still owed.”
She also said Nestor had only contacted AT&T directly once during the three-year dispute to complain.
There’s no way to know who’s right about the payment, unless of course Nestor provided proof that the $70-something check was applied to the old account or AT&T provided proof that it was applied to the new account (which should have led to an account surplus, or reduced bill, if logic serves). But we do know for sure that when the third and final collections firm tried to collect, she wrote back with evidence the disputed amount – or something close to it – was paid, and then Nestor heard nothing more.
Edmonds said she could not explain why Afni didn’t respond to Nestor’s letter with further evidence that the debt was owed, and referred that question to Afni.
Afni says a collector is not required to respond to a consumer disputing a debt if it simply ceases collection. “A response is required only if the agency is going to continue collection attempts,” Ciskey said.
And that is one reason some bills never die; it’s also how consumers come to be reported to credit bureaus as late. While Afni could not pursue the debt any further without continuing the dialog by “validating” the debt, that doesn’t stop AT&T from contracting a different collector, or selling the debt.
Margot Saunders, a debt collection law expert at the National Consumer Law Center, said that’s true. The Fair Debt Collection Practices Act requires any firm collecting a debt on behalf of a third party to “verify” the debt if a consumer objects to a collection notice – but only if the firm continues to attempt to collect. Second or third collections firms get to start the process over, and are currently not required by law to keep track of prior collection attempts by others.
AT&T is now working directly with Nestor to resolve the dispute, so at least for now, she appears to have a happy ending. There is a lesson in her tale, however. She is an example of a concept I call the “exception bin.” Computers and databases are great at handling 99% of transactions. When things follow standard patterns, computers hum along and take care of everything. But once there’s something even a little unique about your situation, you land in the exception bin. And because corporations rely on computers so much, many run into trouble when dealing with items that land in the exception bin. Often, it can feel impossible to get out of it – even if you send letter upon letter providing evidence.
In Nestor’s case, it’s perfectly sensible that she thought she could just keep paying the bills AT&T sent her for U-verse and her account would be current. If you think like a computer, however, you can see how the firm’s computers might handle customers who downgrade from bundled service to a single service. Then, once her bill was handed over to collections, she became an exception that just wouldn’t die. Yes, AT&T used three different firms during a three-year stretch in an attempt to collect a $70-something debt from someone who otherwise seems to be a good customer. And yes, the firm could have seriously harmed her credit over a small bill that she thought she’d paid, that she provided evidence she’d paid, and for which she’d received no response (until the next collection attempt).
So what’s the lesson? In broad strokes, do whatever you can do to avoid the exception bin. Of course, that’s not always possible. Moves happen. Mid-contract cancellations happen. Early service upgrades or downgrades happen. And mistakes happen on both sides. But when they do, realize that your odds of getting caught in corporate red tape go up astronomically. In that case, you must be hyper-vigilant for signs that your exception will soon lead to headaches. Be proactive: Pay a bill, then call to make sure the payment is applied. When you cancel a service, get a letter confirming cancellation and a bill showing a $0 balance. Furthermore, check your credit scores and credit reports regularly for signs of trouble, and dispute any errors as soon as possible. You can get your credit reports for freeonce a year from each of the major credit reporting agencies, and you can get two credit scores for free from Credit.com along with an explanation of what they mean.
It may seem tedious, perhaps even unfair, but it’s a reality of navigating your way in the 21st Century.