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My Thoughts U Can't Decode | Fair Debt Collection Question...? |
I have recieved 3 phone calls from a debt collector who is telling me that I need to contact him immediately because if I don't take action I won't like what will happen. Now, I'm pretty sure that it's for a credit card I defaulted on but I don't remember recieving any paperwork from this collection agency. Am I within my rights to ask him to send me documentation of the debt so I at least have some sort of concrete proof of what debt this will be going for before I make payment arrangements? I have no address to even send a letter to, which is what I would rather do so I have some sort of paper trail. This collector is trying to sound very intimidating and snarky on the voicemails so I planned on calling after hours and leaving him a voice mail asking for the information because I don't want to deal with him until I have concrete proof. My worry is that he is going to say "We already sent this, blah blah blah...." and refuse to send more information when I honestly don't remember recieving anything from this company. Any advice is appreciated, and yes, if it's a debt I owe I do plan on paying it back. |
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Kate Bourland
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It is highly likely that this is what is called a junk debt collector. A JDC is a debt collector who has bought your debt for pennies on the dollar. Understand the process:
1. when a consumer defaults on a credit card, the creditor first writes off the debt and collects a tax writeoff for doing so. Next they collect from the insurance company.
2. After getting both a tax write off AND insurance payment they sell the debt to a collection ageny so that the collection agency can abuse the consumer.
3. The debt collector buys the debt for cents on the dollar. There is gigantic profit here.
Under no circumstances should you communicate with the collection agency via voice mail. If they are leaving messages without having sent you written communication they are breaking the law and you are owed money!!! You can sue them adn win!!!
1. Type in the phone number into google search and find out who the collection agency is. Get the address.
2. Send the following letter identifying the "case" number that they left in the voice mail and your name.
3. DO NOT SIGN THE LETTER - Collection agencies have a nasty habit of forging signatures.
Ms. XXXXX:
This letter and fax is in response to two somewhat threatening voice mail messages that I have received from you. One message was left on October XXX, and the 2nd today October XXX.
Upon research I discovered that you are some sort of debt collector. I am unaware of any debts or financial obligation that I have with your firm. This is not a refusal to pay a debt, but is instead a request for written communication regarding said debt. The law requires that a debt collector send written communication that informs the consumer of their right to dispute. As of this date, I have received no written communication from you.
Please abide by the law and send written comminication so that I can do my due diligence and respond appropriately.
Furthermore, you are advised that it is not convenient for you to contact me at any phone number at any time. You are hereby advised to cease and desist any and all verbal communications. This includes home, work as well as friends and relatives.
If they dont respond within 5 days, sue them!!
Contact me for the name of an excellent attorney who will sue them at no cost to you!!
I hate junk debt collectors.. Do not be intimidated!! Do not feel guilty. The past is the past.
fight back!!! |
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KAT
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When you call tell him you want proof of this bill that he thinks you owe. It is your right to see it and if he refuses to send it you will get in touch with the Attorney General Public Protection as he is harassing you and leaving messages in a threatening voice.
You are will to discuss the matter when some kind of proof is sent to you. Also let him know that you will make a copy and send it to the BBB. You have every right to ask for the information to make sure it is NOT a scam |
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SlimMick
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When a debt collector first contacts you, your first step should always be to request validation of the debt per your rights under the Fair Debt Collection Practices Act. Even if the debt is valid, request validation anyway.
Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt
When they call back, tell them: I have sent a certified letter to your office officially requesting written validation of this alleged debt per my rights under the Fair Debt Collection Practices Act.
Per this federal law they must provide written validation within 30 days and they must cease collection activity until they send you written validation. Do not let them scare you with bogus threats during this period. This will give you breathing time to explore your options.
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bdancer222
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If you have the name of the collection agency, google it to get the address. Send a certified, return receipt letter requesting validation of the debt to include copies of contracts or other documentation that proves the debt is yours. Give them 30 days.
Actually, they are required to send you written validation within 5 days of contacting you. However, that validation is only the name of the original creditor and the amount of the debt.
Don't use form letters as many are chock full of bad info and tend to be confrontational. They are likely to do more harm than good. Use your own words.
If the debt is yours, be sure to get any settlement agreement in writing and do not give the collector direct access to your bank account.
Also, contacting the original creditor will do you very little good. The debt has probably been sold to the collection agency and you will have to deal with them. |
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stopccdebt
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With the age of sketchy debt collectors taking hold, you should at least demand proof that you owe such debt. Otherwise, you may owe nothing.
Remember, you must require proof that you owe the debt within the first 30 days. Also, never admit owing a debt; rather you simply may wish to imply that you want to resolve the record. |
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wayalook
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they wouldnt happen to be Qar would they? i got calls from a collector in new york state. they mention they have my name and ssn and it concerns a case pending on me in the county where i live. last call i got was from evans law office-which is run by the same people as QAR. the so called lawyer said his client had been trying to contact me for 45 days. if i didnt respond to his call he would take it to the next level. i have never recieved anything in the mail and i dont know what the bill is for. all i know is what i found on the net about these dirtbags. check out your collectors no. on 800notes.com. if you have a company name check out bud hibbs.com |
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billcollectour
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First off let me say Hillary ROCKS!
Now, on the answer.
The first thing you need to do is call the debt collectorr and get an address for the firm.
Then, write them a letter requesting validation of the debt. Send it certified return receipt. then have 30 days to supply you with proof of the debt. Then after you receive it you will need to make some arrangementss to repay the debt.
good luck! |
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AskAStupidQuestion...
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They are not allowed to intimidate, harass, threaten or anything like that. They also have to leave you alone if you tell them to.
If you know what credit card you have a problem with, you should contact THEM for the info, you might be able to circumvent the collection agent.
The Fair Debt Collection Practices act has all kinds of laws they need to follow. This falls under the umbrella of the FTC.
Start here: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
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iron will
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the threat tactics are common thats how they work. dont discuss anything on the phone with them if u can help it.
as far as i know, u need to send a debt verification letter. u can find a template online. they have to provide certain document to you the legally proves they own the debt. of course u need their address first. if they havent sent u anything they have no business calling.
try to talk to your original creditor. trust me these debt guys are lowlifes. |
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