Collections notice.. Anyone familiar with this place?

[summerrluvv]

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They may be "well known", but I suspect the only reason that they are so well known is that they refuse to validate the debts in question and expect people to just fork over large sums of money with no questions asked..

Could someone have the same name as mine? Sure.. But that still doesn't give them the right to harass me and not even provide the necessary information that would allow me to prove that I am not the person in question, nor do I owe this debt.. A legitimate collection agency would provide any and all information requested and not hesitate for one minute to put it in writing..

Well, I think ALL collections agengies are going to give you a hassle when it comes to validating the debt. They do not want to make it easy for you, they just want money. I do know that a lot of the original creditors that I see with these three CA's tied to them are in fact legitimate original creditors (well known credit cards, utility accounts, etc.) the debt is then sold to these collection agencies, so the debt is still valid. They probably have stupid people working there, but I don't think they just made up the name of the OC. I could see a no name CA doing that, but not one of these, as we deal with them frequently.

A couple of weeks ago I got a letter from NCO for DS who is 7 demanding payment for his AOL account. I knew he didn't owe that..he is 7 for pete's sake. It took a simple call to let them know they had the wrong person.

Consilidation USA sounds like a debt consolidation company and someone with the same name probably owes them for their fees.

Hopefully they leave you alone. In reading CB, the people that usually validate the debt are ones that legitimately owe the debt but are trying to get it removed from their reports, etc. and know the validation rules, etc. and how to get things removed. If they have the wrong person, I personally would call or write and say you have the wrong person, stop contacting me. Period.

 

[MyGoofy26]

Well, I think ALL collections agengies are going to give you a hassle when it comes to validating the debt. They do not want to make it easy for you, they just want money. I do know that a lot of the original creditors that I see with these three CA's tied to them are in fact legitimate original creditors (well known credit cards, utility accounts, etc.) the debt is then sold to these collection agencies, so the debt is still valid. They probably have stupid people working there, but I don't think they just made up the name of the OC. I could see a no name CA doing that, but not one of these, as we deal with them frequently.

There are a few decent collection agencies out there - that actually follow the law. This is one of the worst - proudly willing to ignore the FDCPA. By not validating the debt correctly they are blatently ignoring the FDCPA and violating her rights. It's not about a hassle, it's about what's legal and what isn't. Just because a debt is valid (in the cases of others) doesn't give them a right to ignore the law and violate a consumer's rights.

The thing with this level of collection agency is that they're bottom of the barrel. This account has most likely gone from CA to CA as uncollectable, and there's a good chance that this "original creditor" isn't even correct - that info messed up along the way, perhaps one of the previous CA that held the account and now out of business (I couldn't find them either) Usually by this point, the paper they have is limited . . . one reason they may not be willing to give validation. They simply CAN'T provide validation, so the letter was a last ditch attempt to get money in hopes that she wasn't aware of what validation actually consists of. They need to provide a signed agreement, history of the account, etc. . .not just who used to have it in their company. They also need to provide proof that they are legally allowed to collect the debt (proof that they were assigned or purchased the debt)

Sure, they get a lot of legitimate debt - but they're also notorious for violations out the wazoo. They'll harrass anyone that moderately fits the description of the person they're looking for, as it appears in this case.

 

[CajunDixie]

Tossing in my 2 cents worth.

1. Pull your 3 major credit reports. If you do the free ones through the official free report site you'll have to wait up to 50 days for them to verify tradelines. If you pay for the 3 reports at a privately owned site then they only have 30 days to verify. Dispute all old address and OPT out. It's possible there is another C. Ann out there that used to live in the same city you now live in so the scum just assume you're her and they didn't verify the SS#.

2. If the collection agency is showing on any of your reports send disputes to the CRA that is reporting the tradeline. This is best done immediately after you receive the receipt from the below quote.

Well my second letter - sent Certified Mail RR - is on it's way.. Wonder what they'll try to pass off as "validation" this time?

And you should have sent them (the collection agency) a limited cease and desist telling them to only contact you through mail and never on the telephone.

3. If the CRA send results that include verification of the account you then need to send them a procedure letter. They will then have to send the steps they used to verify the account.

4. Wait for the supposed validation and verification letters.

5. If they have not stopped contacting you and have not removed it from your reports (if its even there to begin with) you'll need to send copies of everything to their (the collection agency's) local Better Business Bureau, that states attorney general office, and you state AG office too.

Hopefully I have all the steps in order from what I've read on the credit boards. You could eventually take them to court but it's already September, nearly October, do you want that hassle when you're planning to winter in FL?

Good Luck!

 

[C.Ann]

Tossing in my 2 cents worth.

1. Pull your 3 major credit reports. If you do the free ones through the official free report site you'll have to wait up to 50 days for them to verify tradelines. If you pay for the 3 reports at a privately owned site then they only have 30 days to verify. Dispute all old address and OPT out. It's possible there is another C. Ann out there that used to live in the same city you now live in so the scum just assume you're her and they didn't verify the SS#.

2. If the collection agency is showing on any of your reports send disputes to the CRA that is reporting the tradeline. This is best done immediately after you receive the receipt from the below quote.
And you should have sent them (the collection agency) a limited cease and desist telling them to only contact you through mail and never on the telephone.

3. If the CRA send results that include verification of the account you then need to send them a procedure letter. They will then have to send the steps they used to verify the account.

4. Wait for the supposed validation and verification letters.

5. If they have not stopped contacting you and have not removed it from your reports (if its even there to begin with) you'll need to send copies of everything to their (the collection agency's) local Better Business Bureau, that states attorney general office, and you state AG office too.

Hopefully I have all the steps in order from what I've read on the credit boards. You could eventually take them to court but it's already September, nearly October, do you want that hassle when you're planning to winter in FL?

Good Luck!

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Thanks! Your explanation of how to proceed is much clearer than the one on the creditboards.. I can't even figure out half of the abbreviations they use over there - LOL..

You're right about my not wanting the hassle when I'm planning on spending the winter in Florida.. Quite frankly, I don't want the hassle at all - but it really irks me to no end to think that these CA's do this sort of thing and get away with it..

I'm not sure I understand the difference between "validating" the debt and "verification" though.. Aren't they one in the same?

And could you explain a little further what "disputing old addresses" and "opting out" means?

I didn't mention anything in my letter about telephone calls because I haven't received any.. The telephone number here has been unlisted since day one -something like 20 years ago..

 

[C.Ann]

Well, I think ALL collections agengies are going to give you a hassle when it comes to validating the debt. They do not want to make it easy for you, they just want money..

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LOL. Then maybe I should form my own collection agency and start sending out letters to randomly selected individuals telling them they owe me money and they need to pay it immediately - no questions asked.. Just think of all the trips I could take to Disney World..

 

[MyGoofy26]

I'm not sure I understand the difference between "validating" the debt and "verification" though.. Aren't they one in the same?

And could you explain a little further what "disputing old addresses" and "opting out" means?

Validating means you're asking them to provide a copy of a written agreement or contract, something you signed and showed you agreed to the terms, payment or billing history, and history of who all has owned or posessed the debt at any point in time. Verification is basically when people ask an original creditor to verify that the account is theirs and is correct - original creditors don't have the same rules as debt collectors, so they don't have to validate. Oh and if they can't provide proper validation, they can't attempt to collect until they DO get proper validation. This means no calls, no letters, no insertion on credit reports. If they do, those are all violations (another $1000!)

Disputing old addresses, your credit reports will list old addresses that any creditors have given to the CRA. Sometimes debt collectors will look for someone by address, so if you lived somewhere 20 years ago and then someone 10 years ago defaulted on a bunch of debts. . . if a desperate collector searches by address and that one is still listed, you may get a "surprise" from them. Typically old addresses fall off after so many years, but sometimes they hang onto them for a good long while . . . and usually multiple variations of the same address.

Opting out means that only people with permissable purpose can view your report. So, only people who you have applied for credit, applied for loans, or sometimes employment can legally access your report. This means collectors can't just browse your report, credit card companies can't just browse to see if they want to make you an offer (all those "you're pre-approved!" offers) and things like that. It's a little scary to see how many people just browse your report - they show up as soft inquiries so they don't *hurt* your score, but still makes you uneasy. Before I opted out, I checked and I had 2 years worth of monthly pulls from a student loan consolidation company that used to bug me, wanting to buy up my loans. It's VERY easy to opt out, just go to www.optoutprescreen.com to do it.

 

[my3kids]

Isn't the website for checking your reports once per year as authorized by the gov't www.annualcreditreport.com ?

 

[Nolcrest]

Oh, I know how totally frustrating this is.

When we received a threatening collection letter, telling my husband he would be going to court, for a debt that was not his we contacted our lawyer. The lawyer sent them a cease and desist letter and we never from them again. The lawyer didn't charge us for this either.

You may be able to send out your own cease & desist letter. I'm trying to find more info on this. Anyone know the details of cease & desist?

 

[Stitch#1]

Allied Interstate is a company that many other company's and some state goverments use to collect on debts they may not otherwise be able to collect themselves due to various reasons.
Another things is lots of "companies" will buy someones debt then charge crazy fees to the individual who owes the money. Sometines the debt get bought several times so it's hard to figure out were it originates from.

 

[C.Ann]

Very interesting reading and links in posts on that creditboards site.. Seems that more and more people are falling victim to these tactics of collection agencies trying to strong arm people into paying debts that are not theirs and the refusal of the CA's to provide any sort of validation at all other than "You owe this much because we say so..'' The Sherman group and their affiliates are among the biggest offenders and have already been hauled into court on numerous occasions..

Looks like you're not "safe" from this nonsense even if you don't use credit cards; have car loans; etc..

Guess I'll pull my reports after I get the receipt from my certified letter and then proceed from there..

 

[CajunDixie]

I'm not sure I understand the difference between "validating" the debt and "verification" though.. Aren't they one in the same?

MyGoofy26's had a good reply but one other thing needs to be clarified for you. You demand validations from the collection agency. You request verification from the reporting agency(like Trans Union...).

You may be able to send out your own cease & desist letter. I'm trying to find more info on this. Anyone know the details of cease & desist?

That doesn't solve the problem. It just makes it go away until the collection agency sells it to a Junk Debt Buyer (JDB) who can then come back to haunt you when you apply for new credit or even out of the blue in the next 100 years.

Guess I'll pull my reports after I get the receipt from my certified letter and then proceed from there..

Don't wait to request your reports. The sooner you get them the sooner you can start getting everything straightened out. If they list the collection on your reports then you should have waited for your receipt to be returned to you. The reports will take a few days to be mailed to you (I suggest having them mailed rather than viewing/saving them online). They seem to print out much better when they are mailed vs. how they print when you download and save them online. By the time you receive your reports you should already have the receipt back in your hands.

 

[minnie1928]

Don't wait to request your reports. The sooner you get them the sooner you can start getting everything straightened out. If they list the collection on your reports then you should have waited for your receipt to be returned to you. The reports will take a few days to be mailed to you (I suggest having them mailed rather than viewing/saving them online). They seem to print out much better when they are mailed vs. how they print when you download and save them online. By the time you receive your reports you should already have the receipt back in your hands.

Definately don't wait...I did the whole certified mail thing to a creditor about a year ago for my mom. Never did get anything back. I spoke to the local post office and he said that's not uncommon. He and I had a long conversation regarding the contents of the mail and said that he's been told that they simply don't accept the delivery once you start disputing. I don't think that's the case with all of them, but definately the one I was dealing with.

 

[MyGoofy26]

Definately don't wait...I did the whole certified mail thing to a creditor about a year ago for my mom. Never did get anything back. I spoke to the local post office and he said that's not uncommon. He and I had a long conversation regarding the contents of the mail and said that he's been told that they simply don't accept the delivery once you start disputing. I don't think that's the case with all of them, but definately the one I was dealing with.

That's why one of the tricks is to write "payment enclosed" on the envelope

But you're right - a lot of them catch on, so they just won't accept. But that doesn't necessarily mean you're out. If it gets returned to you, keep it in your file so you can prove you tried to get it straightened out. Can't look good in front of a judge when you're listing your violations to show the returned mail and saying, "as soon as I tried to get validation, they stopped accepting correspondence from me."

 

[C.Ann]

That's why one of the tricks is to write "payment enclosed" on the envelope

But you're right - a lot of them catch on, so they just won't accept. But that doesn't necessarily mean you're out. If it gets returned to you, keep it in your file so you can prove you tried to get it straightened out. Can't look good in front of a judge when you're listing your violations to show the returned mail and saying, "as soon as I tried to get validation, they stopped accepting correspondence from me."

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Neat trick - LOL..

I guess I must have read something wrong over on the creditboards because I thought they advised waiting till I receive the receipt in hopes of proving they engaged in another violation by reporting this alleged debt prior to providing proper validation..

Fascinating reading over there, although somewhat sad to learn of the activities these bottom feeders engage in while trying to harass people into paying debts that aren't theirs.. It seems that Sherman and affiliates have recently contacted quite a few people demanding payment for bogus MCI accounts.. Still can't find anything about this "Consolidation usa" though.. Looking more and more like it's a figment of someones greedy imagination..

 

[CajunDixie]

I guess I must have read something wrong over on the creditboards because I thought they advised waiting till I receive the receipt in hopes of proving they engaged in another violation by reporting this alleged debt prior to providing proper validation..

You need to wait for the receipt before mailing your verification letter to the reporting agencies. BUT first you need to have the credit reports in hand so you can see if the collection agency even placed their supposed account on your credit reports. It's possible that the account isn't showing on your reports but if it is then you need to start taking the steps to get it removed, in which the verification letter to each reporting agency is the first step.

 

[C.Ann]

You need to wait for the receipt before mailing your verification letter to the reporting agencies. BUT first you need to have the credit reports in hand so you can see if the collection agency even placed their supposed account on your credit reports. It's possible that the account isn't showing on your reports but if it is then you need to start taking the steps to get it removed, in which the verification letter to each reporting agency is the first step.

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Gotcha! Thanks..

 

[seashoreCM]

Having them validate the debt includes among other things having them regurgitate the details of what produced the debt. If it was an electric bill they need to give you a breakdown of the kilowatt hours used and dates. If it was from a department store they need to give you a description of what was bought.

Don't worry about deadlines or late charges. Get all the facts before you send money.

If bogus charities have such good luck getting people to send money after reading sob stories and chain letter writers have such good luck getting people to send money and continue the chain, it is no surprise that bogus bill collectors succeed some of the time.

You don't need to use the telephone.

If they don't answer your letter but instead send you something similar to what they sent you the first time then you don't have to answer their letter but instead send them something similar or identical to what you sent them the first time.

Disney hints:
http://members.aol.com/ajaynejr/disney.htm

 

[MyGoofy26]

If they don't answer your letter but instead send you something similar to what they sent you the first time then you don't have to answer their letter but instead send them something similar or identical to what you sent them the first time.

Actually, if they ignore her letter and send another dunning letter it's a violation of the FDCPA as continued collection activity. They must cease collection activity until they provide proper validation (something they didn't do the first time, and they know that) So those letters need to be filed away (along with envelope with postmark date) as they could be worth $1000 each.

 

[C.Ann]

Don't worry about deadlines or late charges. Get all the facts before you send money.

Disney hints:
http://members.aol.com/ajaynejr/disney.htm

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I have no intentions of sending them any money because I don't owe anyone any money.. However, they have already cost me money for the certified letters and if they continue to shuffle this account around within their affiliates or sell it to another CA, it will continue to cost me money for a debt that is not mine..

According to what I read on the creditborads - and the articles in the Boston Globe - this problem won't just disappear even though they can't validate it and I will continually incur expenses firing off certified letters unless I nail them on violations..