They can only tell me the balanced owed over the phone but can't give me a breakdown of how they came to that number. I'm concerned as I made over a year's worth of additional payments and want to be sure all that has been applied and that is the correct balance. They are also trying to play negotiating games when I'm not even sure what the correct amount owed is and have agreed to nothing at this time. The guy is being very harsh, putting words into my mouth, and not answering any of my questions. This is with MRS and Associates - just in case any of you have dealt with them. What are my rights in this case? Is it wrong to ask for something in writing via certified mail or at least return receipt?
They aren't obligated to send anything by certified mail. You, on the other hand, must if you want to have any proof that you sent it and they received it. In reality, asking them to incur the additional cost of certified mail (about 10x the cost of a normal letter) probably seems like an odd request because certified mail is only used when the sender wants to make sure it is received by the addressee. They couldn't care less if you get the letter so making such unreasonable demands probably just looks like you're trying to be difficult. You can, however send them a letter (and it has to be a letter) asking that they communicate only by mail but it doesn't have to be certified mail. If you haven't already, your best bet sounds like you should send them a letter that: a) requests validation of the debt b) asks that all future communication be by U.S. Mail. that should, at least, stop the phone calls. Whether that will resolve anything, is another matter. Not all CAs like to work through the mail.
Per the FDCPA you are entitled to a "written statement of the debt", and it is required to be sent to you, IF you request validation of the debt. There is no requirement for the CA to send Certified Mail. However, you could request a faxed copy, or if they seem hesitant to send anything at all, record the telephone call when they verbally give details.
They did offer fax but I prefer that information not come through fax. They flat our refuse to send via certified mail so then I just asked for mail and all he said was "you are just trying to stall this and you have no intention of paying this debt" and I said "is that your assumption?" and he said yes and then hung up. The whole deal has been very unprofessional and if I just knew how they are arriving at the numbers they are giving me over the phone, I'd feel better about possibly negotiating a payment/settlement.
I hope you documented that call, and the dialouge, you may need it later. It is always a good idea to keep copious notes when speaking with a CA. Also, don't hesitate to ask for a supervisor, or at least his name and extension.
