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    me.puzzled's Avatar
    me.puzzled Posts: 4, Reputation: 2
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    #1

    Mar 2, 2011, 09:08 AM
    Pay Twice for same service??
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Mar 2, 2011, 09:14 AM

    I'm not surprised... if you take the same time reading things as you do writing this question... its going to happen a lot more often.

    Long story short... WHAT are you talking about exactly?
    me.puzzled's Avatar
    me.puzzled Posts: 4, Reputation: 2
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    #3

    Mar 2, 2011, 09:17 AM
    I don't know how to use this system which limited me.

    'We are being threatened by a collection agency that they will file suit against our company for a payment that we can prove that we made to broker A who ordered the truck for delivery of our product. Broker A engaged another company B for the delivery. There is no agreement for Company B to act as a broker with Company A. It turns out that truck company B requested the services of truck company C. We paid Broker A. Broker A paid Company B. We are being told that Company B did not pay Company C, and this collection agency has not even called Company B for payment and has not intention to make that request. Instead, the collection agency continually contacts our company saying that we are the Principal and have ultimate responsibility. How successful would this collection agency be in winning a case against us and making us pay for this service twice?'
    me.puzzled's Avatar
    me.puzzled Posts: 4, Reputation: 2
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    #4

    Mar 2, 2011, 09:19 AM
    Comment on me.puzzled's post
    I saved a copy of my question because I figured I was doing something incorrectly and would lose my question. So, you just saw my title. Hopefully, you can help me. Thanks.
    me.puzzled's Avatar
    me.puzzled Posts: 4, Reputation: 2
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    #5

    Mar 2, 2011, 09:20 AM
    Comment on smoothy's post
    I was able to add my question as a comment. Sorry, I am not familiar with how to use this site.
    southamerica's Avatar
    southamerica Posts: 667, Reputation: 400
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    #6

    Mar 2, 2011, 09:21 AM

    Do you have a contract with company A that states the scope of service that you paid for? Also, if company B was used without you knowing that was going to happen, that's interesting to me. I write proposals all the time and it's very important that we let our potential clients know if we plan on giving services via a third party. And now we're talking of a FOURTH party in your case. I don't know the legality on your side vs. the collection agency's side (we have lawyers on this board who will know more about that), but you say you have proof of payment and if you have a signed contract/agreement as well then hopefully you'll have enough ducks in a row to contest this.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #7

    Mar 2, 2011, 09:48 AM

    As southamerica mentioned... it might not be as cut and dry as it seems. Subcontractors that's aren't paid by contractors can and have put liens etc against the principle when they haven't been paid. What's right and what's legal might not always be the same thing. If that happens you might have to bring suit against the contractor YOU paid for what can constitute breach of contract to recover.

    What country and state is this. Laws can vary so its important we know exactly where this has happened.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Mar 2, 2011, 11:00 AM
    Whether you set out to confuse me, you have done a very successful job of it (twice: once when I read your initial post; again when I read your answer to Smooty's reply.) :confused:.

    So you're saying you paid Company B for work your broker asked them to do; but B, unbeknownst to you, had Company C do the work? Now a collection agency in behalf of Company C is seeking payment from you?

    Did C ever directly contact you about this before they hired the collection agency? Have you contacted B and asked them why they didn't pay C?

    If the collection agency is assigned this claim and sues you (or if Company C sues you directly), you would implead Company B. The court will straighten it out.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Mar 3, 2011, 06:56 AM
    Quote Originally Posted by me.puzzled View Post
    How successful would this collection agency be in winning a case against us and making us pay for this service twice?'
    Hello me:

    I can't figure out all the B's and C's either.. But, I don't have to. If you have proof you made the payment, then they won't be successful at all.

    Beyond that, what do you want to DO about it?? If you're NOT a corporation, the collection agency scumbags have already put a ding on your credit. If it was me, I wouldn't just sit around and wait.. I'd go after THEM.. I heard somewhere that the best defense is a good offense...

    Write them a certified letter explaining how the bill was paid. Direct them to CEASE all their collection efforts and REMOVE any negative item on your credit reports, or you will SUE them. Send your letter return receipt requested.

    excon

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