Purly G
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The debts were charged off by the credit card companies (you didn't pay the full balance), and they sold the debts to collection agencies who try to harass you into paying. If you stand up for yourself, they will typically leave you alone. It helps to know about The Fair Debt Collection Practices Act (FDCPA) that says:
* Debt collectors may contact you only between 8 a.m. and 9 p.m.
* Debt collectors may not contact you at work if they know your employer disapproves.
* Debt collectors may not harass, oppress, or abuse you.
* Debt collectors may not lie when collecting debts, such as falsely implying that you have committed a crime.
* Debt collectors must identify themselves to you on the phone.
* Debt collectors must stop contacting you if you ask them to do so in writing.
To get the collectors off your back, write them a letter telling them that you don't believe you owe the debt, are aware of your rights, and you want them to stop contacting you. It's usually too much of a hassle and cost for them to sue, so they'll move on to an easier target. That should do it. In a few more years, the debts will be too old to collect on and they'll go away. Good luck!
update: Added a link to Suze Orman who has good info about this. |
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Sandra B
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They should have records of it, confront them and ask if they records. If you know who you originally had the debt with, contact them as well. If you don't get results you may have to get a legal adviser.
Good Luck. |
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Crazy cat lady >^ ^<
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is the company who is trying to collect called RJM or something like that are they offering you a 3 wat settlement plan?If so they are junk collectors. |
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Dani2Dope
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You dont have any of the receipts? That is your best bet when fighting something like this to show that you paid it. Do you have a copy of the check or bill of the card that was used to pay it? Anything that you have, send copies to the company and they will work with you. |
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bdancer222
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Exactly how old is this debt? Is the date you defaulted more than 7 years ago? Is it showing on your credit report? How long ago was your last payment?
Check the Statute of Limitations (SOL), the timeframe to bring lawsuit, for your state: http://www.fair-debt-collection.com/SOL-by-State.html#10. The SOL clock starts from the last payment.
If this debt is beyond the SOL and the 7 year reporting period, just send this collection agency a certified, return receipt letter telling them to cease and desist contacting you reagarding this debt. Indicate that not only did you pay off this debt, but it is now beyond the SOL. By law they have to stop contacting you.
They may just sell the debt to another junk debt company but just send them a cease and desist letter. This time KEEP copies of those letters with your important financial papers. If you had the settlement agreement and receipts from the payoff, you'd be in a much better position. |
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Rachel
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I would call them and tell them that you paid it off, but I wouldn't mention the part about not having records. |
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Grant Ray came on 12/8/08!
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You need to contact the company that you did the initial lower payoff amount with and tell them that you need proof that you paid this off. Most likely you will need to speak with someone in upper management in the credit/accounting department of the company.
If you can't get proof then you will have to contact a lawyer.
Most likely what has happened is that when you didn't pay it the first time the company #1 sent it to collections, when you didn't pay them, they then sent it to another collection agency. The collection agencies have no idea that you have paid the lower amount payoff to company #1. |
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kt
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your gonna need receipts and... possible even a lawyer... don't push the lawyer just yet show the receipts first... you gonna have to find a way to get copies of those receipts. |
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David M
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Yes, dispute the claim. Do it in writing, they would have 30 days to provide you with an itemized bill, if they ask the person who you originally had the debt with, my bet is they info the collection agency that it has been paid. Good luck!
10+ years in collection. |
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goldenslushie
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I would also like to get an answer to this since the same happened to my wife and I. |
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F K
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Go to the Citizens Advice Bureau (find them in yellow pages). They can offer you free expert advice. |
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Crazyjester9
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I would send them a demand to validate letter, ordering them to provide all the documentation for this debt including the original signed contract with Nextcard. Chances are they can't do it and that'll be the last you hear of it. |
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San Diego Art Nut
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Hard to collect loans are often sold to agencies for pennies on the dollar. Lots of time the record keeping is not good and a paid off loan is transferred too.
I suggest you write back to the agency and explain the payoff. Your bank may have photo-copies of the old checks you can request.
Certainly the company you made payments should still have records. If they did sell your debt which had been paid off they may be guilty of fraud. That should make them want to cooperate in settling the matter. |
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tone
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It is called zombie debt and it is hitting many people. Contact the original company you paid the debt off to and also challenge it to every credit bureau and the company trying to collect. They must provide written proof it is valid. If you have proof it is paid, provide copies. Do not pay...dispute it.... |
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JM
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do you have the same credit card or bank account that you used to pay it off? if so your bank or credit company may be able to go back and give you statements that show the amount clearing your account. best wishes |
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kja63
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If you didn't keep your records, you may be in deep trouble. You can tell the collection agency that the debt is paid, but unless you can PROVE it, they're going to call you every day!
Your best bet is to contact your original creditor and have them check their records. If they find the settlement agreement and record of the repaid debt, they can notify the collection agency that it is paid.
Another idea is to find your cancelled check (or e-copy). When you paid off the debt, you should have written the account number and "Paid in Full" on the memo section of the check. |
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KS
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get a copy of your credit report and challenge it! |
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bud68
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ALWAYS keep records of any such transaction!!!! |
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kc
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you can dispute things on your credit report I would start there |
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