Debt collector called me over a Condo

[barkley]

realy research this.

i seem to remember, a few years ago, seeing one of the tv court shows where something like this happened. if i remember right it was a property owner who was defaulting and they fell for some kind of "we will help you clean up your credit and save your home" scam where the rip off company would do some kind of quick title change on the property, then before the original owner and the "new owner" realized what was going on they had collected their fees and flown the coop.

i think they chose the "new owners" based on people they could find public records listing the specific info. they needed to do the title change. the "new owner" had to collect damages for clearing the issue up against the original owner, who would likely never be able to locate the fly by night company.

 

[Bren's Mom]

I would start by sending the collection agency a debt validation letter:

Your Name
123 Your Street Address
Your City, ST 01234

ABC Collections
123 NotOnYourLife Ave
Chicago, IL

Date:

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on <enter date here>. (If they contacted you only by phone then write 'is being sent in response to your communication with me on date.) 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.

Please provide me with the following:

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

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (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, I will require at least 30 days to investigate 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 of 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.

Best Regards,

Your Name (type this, do not sign the letter with your signature)
___________________________________

Be sure to keep a copy of the letter. Also send it registered mail, return receipt (the little green card). This is important, you have to be able to prove you sent it to them!

You have many rights under the FDCPA, so know what they are and use them to your advantage!

Here's an easy synopsis of what debt collector's cannot do:

http://credit.about.com/od/debtcollection/tp/fdcpa-violations.htm

If any of these occur, document them! You CAN sue them very easily and WIN. It's important to make them follow the rules!

Good luck!

 

[cloverc81]

"Best Regards,

Your Signature Your Name"


Never sign your name to a letter that you send to a collections agency. They can take and make a copy of it and put your signature on something saying that you had signed the paperwork and the debt is yours. Always type the letter and never hand write anything on it if possible.

 

[agnes!]

The things you learn on the DIS...

agnes!

 

[Bren's Mom]

"Best Regards,

Your Signature Your Name"


Never sign your name to a letter that you send to a collections agency. They can take and make a copy of it and put your signature on something saying that you had signed the paperwork and the debt is yours. Always type the letter and never hand write anything on it if possible.

You're absolutely correct, I'll amend my post...

 

[sbell111]

"Best Regards,

Your Signature Your Name"


Never sign your name to a letter that you send to a collections agency. They can take and make a copy of it and put your signature on something saying that you had signed the paperwork and the debt is yours. Always type the letter and never hand write anything on it if possible.

A photocopy of a signature does not legally bind you to a debt.

 

[Arielle22]

I have heard the same about a signature. However without a signature, how does the company know it came from you?

At work I do not accept typed letters without a signature.

 

[Oglet]

Thanks for the advice on everything and overall support. I'm not going to have to worry about a signature since my attorney will now be handling any and all issues between this agency on my behalf however thanks for the tip, I never thought of the whole signature thing.

I will keep everyone updated on the outcome of this...

 

[cloverc81]

Once they know what your signature looks like they can copy it with a pen, not only with a copy machine. Debt collection agencies will do whatever they can to make you seem like you own the debt. They follow their own rules sometimes.

 

[dodukes]

Once they know what your signature looks like they can copy it with a pen, not only with a copy machine. Debt collection agencies will do whatever they can to make you seem like you own the debt. They follow their own rules sometimes.

you can always use a "different" signature like just cursive your first name or something and not the one you always use for everything else.