• Report: #730035

Complaint Review: Mountain Mist Water Company

  • Submitted: Mon, May 16, 2011
  • Updated: Thu, May 19, 2011

  • Reported By: Jerry — Aberdeen Washington United States of America
Mountain Mist Water Company
P.O. Box 44427 Tacoma, Washington United States of America

Mountain Mist Water Company They cashed my check and turned me into collections. Tacoma, Washington

*UPDATE Employee: Mountain Mist exhausted all attempts to resolve debt prior to third party assignment.

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I was billed for two months of coffee delivery service. I was about a two months late getting payment to them but I did send the full amount. They cashed my check no problem, then I start receiving phone calls from a collection company named Evergreen out of Redmond Washington. Even though Mountain Mist cashed my check they tell me I am still responsible to pay the Evergreen collection company as well and I am talking an amount of like $52. We are not talking a large bill here.

I am of the opinion that if my account had already been sent to collections then Mountain Mist should have either forwarded my payment to Evergreen or they should have returned my check to me and directed me to Evergreen. I have not and will not pay twice for the same bill.

I filed a complaint with the Washington state attorney generals office but that was a waste of time. The AG's office basically contacted the two companies and informed them that their office had a complaint filed and then the attorney generals office told me there is nothing more they can do.

I have supporting documentation in the form of a PDF file. I will attempt to upload it

This report was posted on Ripoff Report on 05/16/2011 08:31 PM and is a permanent record located here: http://www.ripoffreport.com/r/Mountain-Mist-Water-Company/Tacoma-Washington-98448/Mountain-Mist-Water-Company-They-cashed-my-check-and-turned-me-into-collections-Tacoma-730035. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
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Updates & Rebuttals

#1 UPDATE Employee

Mountain Mist exhausted all attempts to resolve debt prior to third party assignment.

AUTHOR: RBC1227 - (USA)

Client entered into a Service Agreement with Mountain Mist on 4 September 2009.  Upon signing of Service Agreement client acknowledged accepted all Terms & Conditions of said Agreement, Terms & Conditions including, but not limited, to Section 8, Default.  

 8. Default. You will be in default of this Agreement if you fail to make a payment when due or fail to comply with any other term of this Agreement. If you are in default, and do not cure the default within the time period provided to you in writing, RBC may terminate this Agreement and demand immediate payment of the entire unpaid balance due, together with and administrative cancellation fee of $35.00 and a $15.00 account termination and equipment retrieval fee. In the event of an uncured default, RBC also reserves the right to cease delivery of bottled water and/or coffee service and you agree to immediately return the dispenser, coffee brewer and all previously delivered water bottles and equipment. You agree to pay all legal fees and collection costs incurred by RBC, its agents or assigns in connection with collecting amounts you owe under this Agreement and the recovery of any water bottles, dispensers, coffee brewers and any other equipment in your possession, to the maximum extent permitted by law whether or not suit is instituted against you. 
   
 Client terminated service in October 2009. Statements were mailed each month without remittance.  In addition to standard monthly statements RBC notifications were mailed to encourage debt resolution.   A First Demand Notice was mailed 13 November 2009 with 26 November 2009 due date; client failed to remit balance.  A Final Demand Notice was mailed 25 November 2009 with 11 December 2009 due date; client failed to remit balance.  Because debt remained unsatisfied the account was referred to Evergreen Professional Recovery, Inc on 16 December 2009. 

The first payment received since client established service posted to the account on 15 January 2010, after third party assignment.  Evergreen Professional Recovery was notified on 18 January 2010 @ 14:30:29 of this payment for the purpose of debt adjustment. 

Mountain Mist exhausted all attempts to resolve debt prior to third party assignment.  Reasonable payment arrangements are regularly accepted and term extensions are customarily granted as a means to satisfy debt without negative credit reports to consumers.  
  
All documents submitted to the Attorney General are a matter of public record; please consult their source for the facts regarding this complaint. Third party referral is a direct result of unsatisfied debt after account termination. Unresolved debt exceeding the Terms & Conditions accepted by consumer are subject to 'Default' clearly indicated therein.
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