Rant! Debt collection agency-UPDATE: Their Back!

[Tine731]

So I get a letter in the mail today from a collection agency saying we (well really just my husband) owed a bank $103. This collection agency now owns the debt and wants its money. I called to ask about the debt. What was it from? They say they can not tell me, not will not, they can not because they do not have that info. I point out the the name on the letter does not completely match my husbands. The middle initial is incorrect. She tells me that their computers will not send out the letters without a middle initial so they just make one up. What? I verify that the SS# they have is my husbands but we can not just send out a check to them just because they send us a letter. I need proof. The only business that my DH had with the bank listed in the letter was a CD and that was years ago. I then get the this will go on your credit report and to the check verify companys and blah, blah, blah. I was so angry when I got off the phone.

Thank you, Rant over.

UPDATE: Remember me? Well, thanks to this board I got some great advice from some Dis members. I sent the collection agency a certified letter (saved a copy and saved the signed receipt) and have not heard from them until today. (10-16-08) They acknowledged the fact that I sent them a letter requesting documentation but now say that the records are archived and that I have to pay for them to be retrieved. What? I am so angry. It has already hit our credit report and I feel like I am spinning my wheels. Do I have any recourse? At this point I almost don't care.

 

[Jalva22]

Question: If he truly owed the bank money long enough to have it go to collections, wouldn't it already be on your credit report?

 

[seashoreCM]

You can keep sending them the same letter asking for proof until they do.

A computer printout is not proof.

Proof includes such things as a copy of a loan application, a copy of a sales slip for merchandise you allegedly purchased, bills showing the house and the kilowatt hours used for an electric company, etc.

You do not have to send them any money until they send you proof and you can even ask for the location including the street address where you allegedly consummated a transaction that resulted in the debt.

My personal advice: Do not give them a sample of your autograph when you write.

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

 

[Tine731]

Question: If he truly owed the bank money long enough to have it go to collections, wouldn't it already be on your credit report?

You would think. My husband has lived in our house and has had the same phone # for over 20 years. Why did we not hear from the bank about this debt?

 

[autumnbaby9]

Sounds like a scam to me. If they can't verify the debt then you do not need to pay it. It is up to the collection agency to prove that you owe the money, not up to you to prove you do not.

 

[rie'smom]

Call and ask them again for the info. If they still won't give it to you,tell them you'll call your state attorney general's office. That might get them going. I've never heard of not giving you the name of the creditor. It sounds bogus.

 

[MyGoofy26]

Whatever you do STAY OFF THE PHONE. These people are trained to coerce you into payment - they're slick talkers and if you stay on the phone you have no proof as to any agreements with them. Calling them only helps them, not you.

Send a request for validation as soon as possible. Just something simple, "I have no records of this debt and per the FDCPA I have a legal right to request FULL validation of this alleged debt including, but not limited to, any signed contracts, history of the account, and proof that [name of collection agency] has a legal right to collect this debt. I am also requesting that all communication be made in writing." Don't have to get fancy.

Send it certified with return reciept and hang onto that green card you get back! Once they recieve they HAVE to validate or they can't continue collections. If it's bogus or at all questionable, they'll just walk away and you won't have to bother with them . . . for such a small amount, they'll most likely shelve the account and move on to someone who doesn't know they have a right to demand validation. It may get sold at some point and another collection agency may send letters, but the same thing . . . just a letter requesting validation.

Then IF they do keep hounding you without sending validation (this includes putting anything on his credit report and/or updating info on his report) it's $1000 per violation. So say after they recieve your letter they put a tradeline on his credit report, it's $1000 for that for EACH report then if they update each month or verify when you dispute, another $1000 for each.

 

[A Mickeyfan]

When you verified the ssn.. did you tell them it, or did they tell you it?? sometimes what they do is phish.. that happened to me with my dd.. a bank called and said she applied for a loan & just wanted to confirm some things with us... they wanted to verify her ssn & dob.. turns out, my dd was only 17 at the time. I didn't let on to that yet.. I then asked when was the loan applied for. they said yesterday.. I told them that was funny, she was in Costa Rica for the week & if they had a branch there.. well, didn't know how to respond to me. He insisted that I verify. I said ok, give me a number where I can call you back at.. gives me a number.. I call, different person answers.. Hellow may I please have your name ssn & dob.. I gave the name, again they ask for ssn & dob.. I refused.. then told him why I was calling.. said that is standard procedure to verify. I asked well if you are verifiying.. then you tell me... since you already have it.. response: mam, I cannot give you that information, there are privacy acts.. Hello.. he can't tell me my dd's ssn & dob, but wants me to tell him.. I then said.. I know this is a scam & I am reporting you.. I get a letter a few days later.. actually my dd does, says the same thing... I called them & gave them a piece of my mind.. the letter was a computer generated letter. There was actually strange codes on the bottom of the letter.. when my dd came home from Costa Rica.. she assured me that she never applied for a loan.. I knew she didn't.. but just wanted to verify.. I did call the SAO, they took my info but nothing ever came of it.. I did not give my dd's ssn or dob to these phishers at all...

 

[mantaz]

If you have the name of the company that called or their phone number, you should do a search on the internet. I had a company call here wanting to talk to my DH's Grandmother. That wasn't going to happen and the guy was so rude that I had to yell at him to shut up! After I did a search on the internet I realized his company was a huge scam and sent all the info I had to donotcall.gov because we are registered with them. Needless to say they have not called back. Good thing to as he would really be getting an earful!!

 

[seashoreCM]

If you don't admit to owing the money, don't pay a thing, no little bits, no installments, no nothing.

If you do admit to owing the money, still get verification about the money owed. Get a release in writing from the original company or phone company or whoever you really owed before you pay anyone else. Both the original company and the company wishing to collect need to also confirm to you that they know each other and that they agree who is entitled to get the money.

Do not tell the name of either company to the other. Let them tell you off the top of their heads without multiple choices and without yes-no questions from you.

 

[Tine731]

When you verified the ssn.. did you tell them it, or did they tell you it?? sometimes what they do is phish.. that happened to me with my dd.. a bank called and said she applied for a loan & just wanted to confirm some things with us... they wanted to verify her ssn & dob.. turns out, my dd was only 17 at the time. I didn't let on to that yet.. I then asked when was the loan applied for. they said yesterday.. I told them that was funny, she was in Costa Rica for the week & if they had a branch there.. well, didn't know how to respond to me. He insisted that I verify. I said ok, give me a number where I can call you back at.. gives me a number.. I call, different person answers.. Hellow may I please have your name ssn & dob.. I gave the name, again they ask for ssn & dob.. I refused.. then told him why I was calling.. said that is standard procedure to verify. I asked well if you are verifiying.. then you tell me... since you already have it.. response: mam, I cannot give you that information, there are privacy acts.. Hello.. he can't tell me my dd's ssn & dob, but wants me to tell him.. I then said.. I know this is a scam & I am reporting you.. I get a letter a few days later.. actually my dd does, says the same thing... I called them & gave them a piece of my mind.. the letter was a computer generated letter. There was actually strange codes on the bottom of the letter.. when my dd came home from Costa Rica.. she assured me that she never applied for a loan.. I knew she didn't.. but just wanted to verify.. I did call the SAO, they took my info but nothing ever came of it.. I did not give my dd's ssn or dob to these phishers at all...

They gave me the SS# and I verified it was his. I just think SS#'s are fairly easy to get if they really wanted it. The fact that they could not tell me if it was a default on a loan, a cc or a bounced check was strange. Also, the fact that they just make up a middle initial to send out a letter was just plain goofy.

 

[Tine731]

If you don't admit to owing the money, don't pay a thing, no little bits, no installments, no nothing.

If you do admit to owing the money, still get verification about the money owed. Get a release in writing from the original company or phone company or whoever you really owed before you pay anyone else. Both the original company and the company wishing to collect need to also confirm to you that they know each other and that they agree who is entitled to get the money.

Do not tell the name of either company to the other. Let them tell you off the top of their heads without multiple choices and without yes-no questions from you.

In the letter they give the bank name in which the debt origanated. She did tell me it was from 2001 but did not have specifics.

 

[arlenesp]

I just got anothe one of those the other day. States I owe bellsouth mobility over 300 but they will settle for half. Went to website but they want lots of info. I have disputed many of these.They are all the same. Always around 300 for phone services. But! we never used any of these carriers. After we disputed them, we no longer heard from them. This had never shown up on either of our cbr. This one annoys me and I will report it to the bbb.

We looked up the last company and found out it was one of hundreds of collection agencies all owned ultimately by the same company. The links to discussions about these companies proved it was a scam. Trouble is so many people cave in and pay without proof.Before you pay anything, as the prev poster said demand an itemized bill etc. I did from att and they told me they didn't keep records that far back. well then how did the bill get to me?

What a pain

 

[Tabetha]

You don't owe them a penny. They buy old 'debts' from banks, store credit cards, etc. It could be that your husband had an account that wasn't closed properly and accrued a balance or a closing fee in error. Who knows, all they care about is that you're on the list. But your signed agreement is with the original bank, not with this 3rd party. And unless they can prove to you exactly what that amount represents, you shouldn't have to pay a dime.

Don't admit to anything. It's almost at the 7 year mark, at which point they can't even try to collect anymore, they're hitting you now to try and keep it alive. Don't take the bait.

If they call, tell them to send a letter with proof, and then hang up.

 

[tasha99]

This debt (if it's even valid and not a scam) is so old it is probably close to or past the statute of limitations. Do not start paying on it, or the clock would start all over again.

 

[kilee]

I deal w/ a collection agency on a regular basis for work- as in we send our accounts to them to be collected on. I can tell you- this is the 4th agency we've worked closely with. It is mandatory that we provide all sorts of details on the account, right down to the date it goes past due.

It sounds fishy. If nothing else you have 30 days to dispute a debt in writing- I'd try that route.

 

[lost*in*cyberspace]

Also, you do not need to deal with the collection agency. You can deal directly with the bank.

 

[MyGoofy26]

Also, you do not need to deal with the collection agency. You can deal directly with the bank.

Unless the account was sold. It's always possible, like a previous poster said, that there was some glitch early on that makes it look like a defaulted account. But if the bank sold off it's old paper and didn't just place with collections, then you can't really deal with the bank (beond maybe researching where the account went bad) since they no longer "own" the account. Just another reason why it's important for proof that the collection agency has a right to collect - you need to know if it's totally bogus, if the account was placed with the agency, or if it was sold to the agency.

 

[mill4023]

DO NOT PAY THEM ANYTHING OR GIVE THEM ANY INFORMATION WHATSOEVER. If it is not a valid debt, they are stealing your money. If it is a valid debt, they are required to provide you with proof. And even if it is a valid debt, paying it will NOT help your credit report.
If they are saying they cannot provide proof, it is either a scam or they legitimately bought the debt from the original creditor and didn't maintain or receive proper documentation. In either case, you owe them nothing.

I highly suggest visiting www.creditboards.com/forums for advice on this.

 

[spiceycat]

you are over your head - they will not listen to you - go get help - call in the Fed

https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01

believe me been there and the Fed can stop this hasslement.

the debt collectors don't care that it is not your debt - you have the same name (believe me that can find SSN -that is not proof).