echo
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I hate to say this, but they were fishing and it looks like they got what they wanted.
You sent them a copy of the check so now they have two things that could very well damage you - they have your bank account number and they have your signature.
Collection agencies have been known to put freezes on bank accounts without any court documents.
Your signature could end up on documents, claiming you owe them money, that you never signed.
Both of those have happened to people before and will happen to others again.
I would suggest that you close that bank account and reopen a new one, preferably in a different bank.
As for any documents that your signature magically appears on, you would just have to wait and see if they try to use them against you.
Threatening to file a law suit - without any intention in doing so - is illegal.
Unfortunately, if you have no way to prove it, you have no way to prosecute. IF you decide to tape any calls, you need to learn your states taping laws or you can find yourself in hotter water then the collector.
Do not !! send a copy of that check to the credit bureaus as one poster suggested. That will only cement the account to your reports.
That collector has 5 days from the first time he called to send you a letter by USPS. If he doesn't - that is a violation.
Wait the 5 days and then send the collection agency a DV (debt validation letter - not a verification letter) Include in the letter that you are requesting no calls are made to you at your place of employment or your home as it is inconvenient to you. (inconvenient is the word of choice by the FTC) and that any further communication from them to you must be done by the USPS.
Do not sign the DV, initial only or just type your name. Send it CMRRR (certified mail return receipt requested)
When you get the green card back, file a dispute with the credit bureaus if they are reporting the account inaccurately.
Do not speak with them on the phone again, they have ways of screwing peoples words around to suit themselves.
After you receive a response or after 35 days, whichever comes first, since you have paid the debt and have proof, send them a full cease and desist including a statement that the debt is paid.
If they continue to violate at any time, by their letters, phone calls, the way they report with the credit bureaus, file complaints with the BBB, FTC, your states AG and their states AG.
Keep a detailed papertrail of everything from the phone calls to copies of every letter you write.
If you remember, accurately, the details, the date, the time of the phone calls, write down everything about it. If you do not recall "exactly" what was said, do not fudge it and just throw something in there. Chances are "they" recorded the call and if you fudge your accounting of it and IF they, or you, do end up suing, that recording will put you in a bad light to the judge.
Look on my profile and click on some of the links, to the FDCPA, the FCRA, etc. Learn what constitutes violations. |
TaxMaven
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Send them by certified mail a copy of the check & a letter stating that they are in violation of the Federal Fair Debt Collection Practices Act & that if they do not immediately cease & desist all attempts to collect this debt, you will sue them into oblivion for harassment. This is all competely true. You are well within your rights to sue a company for this type of harassment. Tell them that you are prepared to seek every remedy under the law. My bet is that they will suddenly find the record of you having paid the debt 2yrs ago. This is the way the a**holes operate.
Btw, collectors are scum. They will probably sell this debt to some other scummy collector, who will try to collect again, so save that cancelled check FOREVER! |
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