Rant! Debt collection agency-UPDATE: Their Back!

[brivers222]

When the OP verified their husbands SSN... The ageny told YOU what they had on file and you simply said correct, right? Meaning they gave out the number you had and not vice versa.

My wife had this happen to her a few years ago. This agency wanted some $4,000 from her because of some credit card she had opened up (mind you the date it was opened she was 8years old) They asked her for her SSN to verify and LUCKILY she said why don't YOU tell ME what you have on file. They number they had on file WAS NOT my wifes (some other person with the same last name. But had she given up her SSN, I can guarantee that letter would be reissued with my WIFES ssn# and the debt would be on her credit and not the rightful person.

 

[cobbler]

If any of you get a collection from Afni, go to this thread
http://www.complaintsboard.com/complaints/afni-collections-c3894.html

Apparantly a bunch of really really old and fake debts have been going out across the country. My hubby got one too.

There is a statue of limitations on debt but if you admit you have the debt or pay them even a dollar then the statue begins all over again.

 

[picantel]

If any of you get a collection from Afni, go to this thread
http://www.complaintsboard.com/complaints/afni-collections-c3894.html

Apparantly a bunch of really really old and fake debts have been going out across the country. My hubby got one too.

There is a statue of limitations on debt but if you admit you have the debt or pay them even a dollar then the statue begins all over again.

BTW the above statement is not true.

 

[tasha99]

I just looked up collections at Clark Howard's website, and he says you have to send a letter certified mail or your silence could be held against you. Some of the dates in his notes are a couple years old, so who knows if this has changed or not, but I would find out. (see July 27, 2004 and July 7, 2006 in particular)

http://clarkhoward.com/shownotes/category/12/103/358/

Also, don't know how official this is, but here is a website that lists the statute of limitations for debt by state (at the very least, it gives statute numbers to check for your state on a government website). Note that many states are listed with the possibility of having the debt refreshed if the debtor promises to pay.

http://fair-debt-collection.com/SOL-by-State.html

 

[Benducci]

BTW the above statement is not true.

Can you explain why? You offer no reason.

OP - how is your situation going?

 

[Tine731]

Hello, I have sent the collection agency a certifited letter and now the waiting game begins. I will let you know when I hear anything. Thank you so much for all y'alls help.

 

[mookie]

If any of you get a collection from Afni, go to this thread
http://www.complaintsboard.com/complaints/afni-collections-c3894.html

Apparantly a bunch of really really old and fake debts have been going out across the country. My hubby got one too.

There is a statue of limitations on debt but if you admit you have the debt or pay them even a dollar then the statue begins all over again.

Thanks so much for this info - ironically I just got something in the mail from these jokers...it was for a phone bill that was in college (9 years ago!!!!) and it was thrown out and wiped from my record because one of my roomates opened it up in my name without my consent.

 

[picantel]

Can you explain why? You offer no reason.

OP - how is your situation going?

If you acknowledge a debt it does not start the SOL again. IF the debt is past sol you can freely admit it and dare them to do anything about it. If they do it illegally you sue them. If you pay on a debt you do not restart the SOL in most states. Sure some states have odd statutes that require stuff like a signed paper from the consumer stating they will restart the SOL but it would take alot to do so. If you want the statutes try google or creditboards.

 

[picantel]

I just looked up collections at Clark Howard's website, and he says you have to send a letter certified mail or your silence could be held against you. Some of the dates in his notes are a couple years old, so who knows if this has changed or not, but I would find out. (see July 27, 2004 and July 7, 2006 in particular)

http://clarkhoward.com/shownotes/category/12/103/358/

Also, don't know how official this is, but here is a website that lists the statute of limitations for debt by state (at the very least, it gives statute numbers to check for your state on a government website). Note that many states are listed with the possibility of having the debt refreshed if the debtor promises to pay.

http://fair-debt-collection.com/SOL-by-State.html

I am curious how your silence can be used against you. Sure, if you owe a debt and ignore it and remain silent about it they could get pissed off and sue you but other than that not asking for validation or disputing a debt is not admitting to the debt.

 

[tasha99]

I am curious how your silence can be used against you. Sure, if you owe a debt and ignore it and remain silent about it they could get pissed off and sue you but other than that not asking for validation or disputing a debt is not admitting to the debt.

Did you read the link? I think Clark Howard is probably right on this, or he would have changed the website.

 

[MyGoofy26]

I am curious how your silence can be used against you. Sure, if you owe a debt and ignore it and remain silent about it they could get pissed off and sue you but other than that not asking for validation or disputing a debt is not admitting to the debt.

Because that little line in the mini-Miranda that if they don't hear otherwise they'll assume the debt is valid. By being informed of that and still remaining silent, it can be argued that you're acknowledging the debt is valid. If things go to court, trying to "ignore" attempts by the collection agency could make you look very bad and lead the judge to rule in favor of the agency since he knows you had the opportunity to dispute the debt and didn't.

 

[picantel]

They can assume all they want. In fact, if you dispute they still assume it is yours and if you prove it is not they will still assume the debt is yours until they cannot assume anymore. Since you like statutes and the mini miranda and the good stuff this is for you.

§ 809. Validation of debts [15 USC 1692g]
c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

 

[umaangel00]

Do not send them any money. This is a well known scam from collection agency. They will call up and give you a BS story that is believeable to you and the amount will be low enough to scare you into paying it.

Its just happened to me. Oxford management called me stating I owed Penn Foster money for Hotel Management class.

Well 1. I have never gone to Penn Foster (it's an online school). and 2. I have never taken hotel management classes. The person then proceeded to tell me that the classes could also be photography classes. Wrong again. He told me that then the school could possible be Education Direct. Yes I did go to Education Direct but for Early Childhood Education.

So yes this is a well known scam. I asked for proof of the debt and they stated they sent it in October (wrong again never got said proof). They then stated that they would not send it again. I stated I would not pay a debt I know I don't owe because I never took the classes and without proof I again will not pay the debt. They hung up on me and I have never heard from them again.

Do not pay this bill without the proper proof!

 

[tasha99]

They can assume all they want. In fact, if you dispute they still assume it is yours and if you prove it is not they will still assume the debt is yours until they cannot assume anymore. Since you like statutes and the mini miranda and the good stuff this is for you.

§ 809. Validation of debts [15 USC 1692g]
c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

That's excellent! However, wouldn't they continue collections unless you do answer them? It seems like not answering could get the debt on your credit report whether it's yours or not.

 

[MyGoofy26]

They can assume all they want. In fact, if you dispute they still assume it is yours and if you prove it is not they will still assume the debt is yours until they cannot assume anymore. Since you like statutes and the mini miranda and the good stuff this is for you.

§ 809. Validation of debts [15 USC 1692g]
c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

But unfortunately there are many judges that aren't well versed in FDCPA so you'd run the risk of a collection agency handing a copy of the letter and saying, "See? They didn't tell us this wasn't their debt so we have to go forth as if it were. . ."

It's certainly not black and white that if you don't respond you're in trouble. . . it's just that sometimes, when things go pretty far, that if a few certain cards fall into place that being silent *could* come back and bite ya.

 

[picantel]

I do not advocate being silent. I just stated that howards general silence can be used against you is false. I have been sued twice. The first one I won and the second I settled for alot of money i.e. 5 figures and a nice 5 figures at that(they paid me). I answer, I fought, I won. Some people just wanna be quiet about it and if they are smart enough to answer the claims and fight in court their past silence cannot be used against them. IF the judge so rules you have excellent grounds for an appeal. I just choose to to take the advice of a radio talk show host and follow my own advice.

 

[LoriMistress]

By law you have 30 days to request from the collection agency proof of the debt. By law, they HAVE to send you proof of the debt. Have you tried calling the bank and getting the information from them? Sometimes you can skip contacting the collection agency for the proof and go directly towards the client who sent you to collections and they might (but not required) to give you information regarding the past due ammount.

If you're trying to avoid this from hitting your husband's credit report (depending on if you care about your credit...most people don't) then what I would suggest doing is paying for the debt to avoid hitting the credit report and then disbuting it...if they can't provide proof of the debt then they have to refund you.

 

[lzbee]

You have 30 days from the date of the letter to either pay or dispute the bill. If you dispute...you must send them a dispute letter. I recommend faxing...that way you have proof that you send it to them. Once they receive your dispute letter, they have to research what it's for. As long as you're in "dispute" status...it will not hit your credit.

 

[picantel]

By law you have 30 days to request from the collection agency proof of the debt. By law, they HAVE to send you proof of the debt. Have you tried calling the bank and getting the information from them? Sometimes you can skip contacting the collection agency for the proof and go directly towards the client who sent you to collections and they might (but not required) to give you information regarding the past due ammount.

If you're trying to avoid this from hitting your husband's credit report (depending on if you care about your credit...most people don't) then what I would suggest doing is paying for the debt to avoid hitting the credit report and then disbuting it...if they can't provide proof of the debt then they have to refund you.

Woah woah woah do not pay the debt and then dispute it. Ugg it will stick like glue. Once you pay the debt they are no longer required to send you any type of validation. you can dispute until your face turns green and it will get you nowhere. Also, the whole refund thing is also not true. I know some of you are trying to help but honestly please if you do not know what you are talking about you should remain silent before you make things worse- much worse.

Also, they do not have to send you proof of the debt. They can simply cease collecting. I have seen people sue a CA because the CA sent no proof even though the CA never called or sent them any letters. Needless to say they did not win.

 

[umaangel00]

This is a well known scam people. Look it up on snopes and google. Collection agencies have been doing it for YEARS!!!!