Summary: In November I was contacted by Bay Area Credit regarding a debt. I knew I had paid the debt. However, I unfortunately could not find my record of previous payment. So I committed to honoring the debt.
By December 10 I sent one of two installments as arranged and agreed by myself and Bay Area Credit. Prior to sending the second payment in January I requested confirmation multiple times of receipt / posting for the first payment to my account. Bay Area Credit was unable to provide any proof of receipt or posting. When asked by Bay Area to provide them with payment info I provided them with a copy of the check via email. I illustrated the date of deposit in their account and date of clearance from my bank. Bay Area Credit claimed not to show record and could not explain. I provided Bay Area a record of Colorado Fair Credit Laws and mentioned I would contact the Colorado Attorney General if necessary.
In addition, I notified Bay Area Credit that until they could provide information regarding my payment posting I would consider the account closed and the debt satisfied. I asked Bay Area to correct any negative information on my credit rating. Bay Area Credit would not respond.
During the time period of November and January I also received calls from Bay Area Credit from individuals not familiar with my arrangements and demanded immediate payment. These individuals who called during the same time period were rude, aggressive, belligerent, condescending, and would talk over me as I tried to explain the issue was being resolved. I explained at that time that their practices qualified for harassment. I informed them that I would contact my attorney and file a harassment case. The intermittent calls ceased from individuals not familiar with my account / arrangements.
This week I received a letter (received 2/13/09 dated 2/5/09 with a deadline of 2/25/09) from Bay Area Credit regarding the same debt which was in dispute in 2007. I called to let them know what came about in 2007 and let them know when Bay AREA Credit could show record of my payment made in December I would honor the remaining amount. They again explained to me there was no record of payment and demanded the payment. I had to explain to them I initiated the call. The representative I spoke with became verbally aggressive, belligerent, and condescending. As I tried to explain the violations of Fair Credit practices the representative talked over me and accused me of violating my contract with Bay Area Credit.
Again, I tried to explain that Bay Area violated the contract and violated Colorado Fair Credit laws. Again, I was talked over and he mentioned Bay Area had done nothing wrong and again accused me of violating my contract with Bay Area Credit. I mentioned to the representative I was going to turn this matter over to the Colorado Attorney General and his response was that he didn't care. I tried to explain the legal violations made by Bay Area Credit and his response was they did not violate anything and again accused me of violating my contract. At that time I tried to explain a contract was a two way agreement and his response was that this contract was in favor of Bay Credit and Bay Area could not violate a contract. Again, I mentioned I would turn this matter over to the Colorado Attorney General and his response was that it didn't matter and to go ahead because I was the one in violation.
I am in the process of turning this over to the Colorado Attorney General and a complaint has been filed with the FTC in addition to this complaint.
I suggest anyone else experiencing a similar matter with Bay Area Credit to take action. This type of debt collection practice needs to stop!
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