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Consumer Debt Collection: 101

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posted on Aug, 26 2008 @ 08:10 PM
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I keep getting a calls daily from some collection agencies for a guy that had this phone number. We just moved here 6 months ago. I have told these people he does not live here. They keep calling. One even called me a liar and said she just spoke to me this morning about a payment arrangement. I was pretty mad at this point, asked for a supervisor, she hung up. I yell at these people to stop calling my number, he does not live here!! It never stops. Always different phone numbers. I dont know what to do. I stopped answering my phone. Why should I have to change my number because of these idiots? I also get a lot of mail ant my mail box from previous residents, including collection letters, IRS you name it,... I just send it back.




posted on Aug, 26 2008 @ 08:24 PM
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reply to post by amatrine
 


what to do:

next time they call - talk to them. you need some information that they'll willingly provide.

You need their company name, and address (if you'll post the number that comes up on your caller ID, ill see if it matches anything i have saved and see if i can't get that for you)

but ultimately - here is the letter you need to send them

make sure you send it through the USPS and make SURE that you go to the post office and have it sent Registered mail. Make sure you tell your postmaster that you want it to be "signature required" so that you have proof of it being received.

"signature required" is basically just a tracking number and a finger print.

They can't deny having received it this way -and if they refuse delivery - then you have proof of that too.






Your Name
Your Address
City, State, Zip

(Sent via CERTIFIED RETURN MAIL #123 456 789 with RETURN RECEIPT)

Date:
*** Collection Agency/Law Firm
**** Main Street, #100
City Name, USA 10021

Re: File #0000000 - ABC Lenders- #************
-For: $6655.55

Dear Debt Collector /Debt Collector Attorney:

This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above.

If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association.

I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant.

You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.

Sincerely,

Your name


Source for example


This will legally bind them from contacting you - ever again.





Of course when you talk with them - it'll help to get as much information like the account number, etc.

But in your letter, make sure to include the phone number that they continuously use to contact you (your phone number) and tell them to stop calling you at that number. (you'll have to edit the above sample letter to fill in the blanks to make it specific to you)

Next

you need to send them (again, USPS, registered certified mail, with signature required)

Debt Validation Letter:


Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice a couple entries by your company on my credit reports. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What do I need you to provide as the debt validation.
What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent
Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission

Best Regards,

Your Name Here.

Source




Again - edit the above letter to make it specific to you

if you have any other questions - feel free to u2u me
ill help you the best i can.



posted on Aug, 26 2008 @ 08:41 PM
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That letter would make me out to be the person that they are trying to contact though? I am not the person they are looking for. So I could send that letter and they could confirm they I owe nothing, but still persue this other person that they think I am,lol Its nuts.

I have threated legal action, and am seriously considering it, to prove a point because this is harassment, and I am not event the correct person,lol

Ama



posted on Aug, 26 2008 @ 08:59 PM
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reply to post by amatrine
 


tahts why i say you should edit it to reflect you

thats also the point of the debt validation letter

if they can't validate it - they have to stop calling



posted on Aug, 26 2008 @ 09:01 PM
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reply to post by Andrew E. Wiggin
Can I send a signature required letter USPS to a post box address?

I would love to try this with RPM, but I cannot get their physical addy.

TheRedneck



posted on Aug, 26 2008 @ 09:03 PM
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reply to post by TheRedneck
 


hmm, thats a very good question. Thats something i'll have to look into....ill get back to you when i find something..

in the mean time - this RPM company - have you contacted the FTC and expressed your desire to file a complaint?


edit to add

i found this: RPM Lenders

Could that be them?


RPM Lenders
220 SOUTH MAIN STREET
RED BLUFF, CA 96080

Telephone: 530-529-6413


[edit on 8/26/2008 by Andrew E. Wiggin]



posted on Aug, 26 2008 @ 09:18 PM
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Here are some links to some information about the problem you are describing - Collection agencies going after the wrong person.

Debt Collectors Hunt the Innocent

Collections Calls to wrong phone number

Collection Agency keeps calling wrong person

The condensed version of the advice given is, tell them you have contacted an attorney (which you can do for free; most will give you an initial free consultation) and that you will sue them for harassment and violation of the FCRA if they do not stop contacting you. According to the links, most of the calls stopped as soon as an attorney was mentioned and the victim asked for a name and address for the attorney to contact.

and one more interesting article on the topic:

Sleazy New Debt Collector Tactics

I hope some of this info helps!



posted on Aug, 26 2008 @ 09:22 PM
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reply to post by Andrew E. Wiggin
They never use the word 'lenders', and they claim to be a collection company, acting on behalf of Verizon, no less.

I found the internet info by looking their phone number up on Google, and every case of complaint has them listed in Broethels WA. So was the postal box addy they supplied me with. So I am assuming it's not the same place, although they could be 'sister' companies.

I have heard some people mention they are a subsidiary of WorldCom, but I can't find any verification of this.

TheRedneck



posted on Aug, 26 2008 @ 09:26 PM
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reply to post by TheRedneck
 


Seems you arent the only one dealing with this company


Always check ripoffreport.com - they are a blessing in disguise



as for the PO box, i keep getting the same thing as you


so i say

CALL THE FCC TO COMPLAINT ABOUT THIS UNLAWFUL TELEPHONE HARASSMENT!

FCC PHONE:

Our Consumer & Mediation Specialists are available Monday through Friday, 8 a.m. to 5:30 p.m. ET to answer your questions and assist you in filing a complaint. Call toll-free at 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL- FCC (1-888-835-5322) TTY.

The number people keep using to describe this company is

1-703-291-9039



is this them?



Other references



Your local postmaster can let you know if a signature required receipt is available on a PO Box




[edit on 8/26/2008 by Andrew E. Wiggin]



posted on Aug, 26 2008 @ 09:28 PM
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reply to post by Andrew E. Wiggin
 


Hate to burst anyone's bubble here, but theses credit card/collection agency mafioso types are going to have to kiss my tookus. Why, for one thing the poo is hitting the fan--American money is worthless and their idea of money creation through debt is plain wrong! That is why Israelamerica has invaded so many different countries to place them under the yoke of debt for currency creation. If the wages kept up with the inflation, we wouldn't have this problem. Oh, and fuel/energy and food are not included in the inflation index?? What the heck?! Somewhere I read/heard, that for every credit app a company completes, they get about $2,000 from the government regardless if the credit app is $350 or $1,900?? And for ever dollar that is printed, 7 or so can be loaned out?? Doesn't this smack of idiocy??

We need to get back to the GOLD STANDARD and use the green shtuff for toilet paper!

Now where did the GOLD go that was in the basement of the tower that fell on 9/11.

GODDAMMIT, I'M MAD AS HELL AND I'M NOT GONNA TAKE IT ANY MORE!!!

End this parasitic ponzi scheme once and for all...NOW!

Hmmm.....Is it oil now or gold which is the bargaining chip or is it He3........?

Mod Edit: Profanity/Circumvention Of Censors – Please Review This Link.


[edit on 26/8/2008 by Mirthful Me]



posted on Aug, 26 2008 @ 09:33 PM
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I'd once again like to congratulate Mr. Wiggins on an excellent and informative thread. I'd like to add one thing to it if I may.

While in the process of repairing credit and or paying off debts owed, DO NOT WITHDRAW FROM your 401k/IRA to handle that debt. If you should have to enter bankruptcy those funds are about the only thing that creditors cannot go after.



posted on Aug, 26 2008 @ 09:49 PM
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reply to post by Andrew E. Wiggin
That is them indeed. They were using a different number as well, but it seems to have scrolled off my 'missed calls' list on my cell.

I do believe that is one of the sites I visited to check them out as well.


I will call that number as you suggest. Call me lazy, but I just have been too busy to look it up lately. Thanks for doing some of my legwork for me. I owe you one.

TheRedneck



posted on Aug, 26 2008 @ 10:10 PM
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Always make sure that if you pay off a collection agency, you keep a copy of both the bill and the payment. We paid an old bill through a collection agency about 6 years ago. The original bill has been sold to another collection agency who is now demanding payment. Unfortunately, we have made 4 cross country moves since then and can no longer find the validation we need to prove we have payed this.



posted on Aug, 27 2008 @ 07:57 AM
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reply to post by amatrine
 


That was my story too. Also, I have the same name as someone who has defaulted on various credit matters. Fortunately I was an investigator for the Consumer Protection Division of a state AG's office, so I was well aware of my rights. Many people aren't.

This business of donning the wrong person for a debt is going to explode when the credit bubble bursts.



posted on Aug, 27 2008 @ 12:04 PM
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reply to post by darkelf
 



If you paid it 6 years ago, then you would then have a period of 6 years of non payment ( even thou you didn't need to pay anyway) and so regardless if you paid it off or not, it'd be statute barred (in most cases, depending on state) . That is if you haven't gone and paid again to this new collector . Do you have any way to obtain your data from these companies.. under maybe like a freedom of information act, data protection act ...like a subject access request ? If you do, you could maybe request this data from the company you paid 6 years ago for evidence of payment. If they have the information, then you have your evidence, if they don't have the information then there is no evidence of when the cause of action occured . Wish I knew more about your rights to obtain data in usa , trying to think what i'd do.. then keep having to remember it is different laws for you.



posted on Aug, 27 2008 @ 12:08 PM
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reply to post by darkelf
 




First.. I Need to know:

What state do you live in






When was the original debt filed, according to this new company?

Send them a "Debt validation" letter through USPS (With signature required delivery) demanding information on this debt.

You can then contact the OC - find out who it was refered to the first time - contact that collector to obtain payment records


that'd be my first recommendation...



edit to add:

Check your record report. If this debt has already been paid off - and this new collection agency has reported it to your credit record, then you need to immediately contact the FTC (refer to earlier posts for a phone #)
and you need to send a letter to the CRA (credit reporting agency) demanding that it be removed from your file


Today's Date

Your Full Name
Current Address
Current Phone Number

Attention: [insert credit reporting agency name] See addresses below
[add CRA address here]

Dear [credit reporting agency]

This letter is a formal request to correct inaccurate information contained in my credit file. The item(s) listed below is/are completely (insert appropriate word(s) [inaccurate, incorrect, incomplete, erroneous, misleading, outdated] ). I have enclosed a copy of the credit report your organization provided to me on [insert date of report here] and circled in red the item(s) in question.

Line Item: [insert name of creditor, account number or line item number)

Item Description: (this info is found on your credit report)

Requested Correction: (describe exactly what you want. If you want an item deleted say so and explain why. If you want an item corrected or updated, provide the correct information such as names, dates, amounts and so forth and any evidence to support your claim).

In accordance with the federal Fair Credit Reporting Act (FCRA), I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately [delete, update, correct] the item.

Furthermore, I request that you supply a corrected copy of my credit profile to me and all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes. Additionally, please provide me with the name, address, and telephone number of each credit grantor or other subscriber that you provided a copy of my credit report too within the past six months.

If your investigation shows the information to be accurate, I respectfully request that you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question within 15 days of the completion of your re-investigation as required by the Fair Credit Reporting Act.

I thank you for your consideration and cooperation. If you have any questions concerning this matter I can be reached at (insert daytime phone number including area code).

Sincerely,


Signature
Printed Name

Source for example letter






You will have this collection agency by the *snip* 's

[edit on 8/27/2008 by Andrew E. Wiggin]



posted on Aug, 27 2008 @ 05:42 PM
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Originally posted by Andrew E. Wiggin
reply to post by Heike
My "law firm" phone call from Valentine & Kebaratas (collection agency) ended with the woman telling me that the County Sheriff was being called and i were to be arrested, so i had better contact an attorney

i knew right then i had not been talking to a lawyer.

The phone call was recorded on my cellphone's memorycard - but - here's another conspiracy for you.

Its not presentable in court.

Thats right.

You cannot record them even if they're recording you - unless you obtain verbal permission from them.
[edit on 8/26/2008 by Andrew E. Wiggin]


Sorry Andrew, wrong there ... if you record them without their knowledge the recording cannot be entered as evidence into the court proceeding ... BUT the recording can be played and reviewed by the Judge in their chambers, so while it is not admissable, it can be taken under advisement by the Judge.



posted on Aug, 27 2008 @ 06:12 PM
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reply to post by 2stepsfromtop
 


Unfortunately - no - a judge cannot consider illegal evidence in any case

the judge would have to throw it out as inadmissible evidence, and the attorneys' for the CA would NEVER allow it.

Believe me - i was there.
But one day it will be legal, and i still have the phone call on tape.



posted on Aug, 27 2008 @ 06:22 PM
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Originally posted by TheRedneck
reply to post by Andrew E. Wiggin
Can I send a signature required letter USPS to a post box address?

I would love to try this with RPM, but I cannot get their physical addy.

TheRedneck


Yes Redneck, as long as the box is actually a USPS, they have to sign for it at the counter to get it. Not sure about things like Mailbox "chains", but as long as it it a USPS PO Box you are covered.



posted on Aug, 27 2008 @ 06:48 PM
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Originally posted by Andrew E. Wiggin
First and foremost – you need to assess rather or not this debt belongs to YOU .


Can't stress that first bit enough. I dealt with a number of harassing calls from a CA for a couple of weeks before I figured out that they weren't really looking for my wife, they were looking for someone with the same first and last name, but a different middle name. Once I set them straight, they didn't call again.



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