Returned a phone call (one of a dozen left on my answering machine) from Midcoast Credit Corp These people had put a derog on my credit reports saying I owed a debt to a cc company which I think was discharged in a BR in 1990. After the guy went blah blah blah you owe this debt, I want to help you out blah blah, I responded with what I had learned at this site, I said that I wanted a verification from them that I owed this money from the original creditor. He responded that they had no such information, that the account was from 1998, and besides I had to prove I didn't owe the money. I said I needed their address so I could send in a letter requesting verification. He said that I shouldn't waste time sending letters that I should just pay the debt so my credit report would reflect a paid collection. I told him that would not help my credit report and asked them if I owed this debt and paid it would they either remove their trade line or report it paid as agreed. So what do you think? how should I proceed?
You do not have to prove anything. They have to prove you owe the debt. Right now you do not have any real idea what the debt is or if it is yours. Go with a validation letter, (the Lizardking one). Send it certified mail, return receipt requested. Ask them for specifics. If you do not ask for specifics, they will only say that you owe the debt. You are asking for validation, not verification. If it really is from 10 years ago, they probably have no proof and will have to remove it. If it is a debt discharged in bankruptcy, they cannot collect anyway. And, if it is old, the statute of limitations has probably long ago expired. Remember, some of these debts go from agency to agency. It doesn't hurt to try to collect. Sometimes they will get someone stupid enough to pay. Just make sure that it is not you.
you should have gotten his name, the address of the company and amount they say you owe. You are right, they need to validate the debt. If you have proof that the account was discharged in bk, would just hold that, let them hang themselves with their response to you. I would also tell them in the letter that I will no longer speak to them by phone and will handle all communications via letter.
Tom65432 Where is this Lizardking letter, and what would be these specifics be that I should ask for? uniondiva I got all three, plus cc account number, though what he told me is different then the first four numbers that show up on my credit report
I agree absolutely with those above. Also, if he calls again (and he may not. It really sounds to me that this phone call was his one chance as he tried so hard to get you to pay money rather than sending a letter), just tell him that you don't want anymore phones and have sent a validation request via mail that he should look for. Goodbye!
tom65432 Tom, I'm not going to comment on the parts of your message that I have deleted simply because there is no need to whatever. You have said it all. Except for this little part, that is. I'm most assuredly no bankruptcy expert, but I've heard somewhere that it is a federal offense to attempt to collect a debt that has been discharged in bankruptcy. If that is so, there may be a very serious violation of federal law here. It would probably take the opinion of a bankruptcy lawyer to find out if I know what I am talking about here or not, because I just remember I heard that somewhere many years ago. Might be worth looking into however.
It is a violation of law to try to collect a debt discharged in bankruptcy. Wasn't it Sears that got in trouble big time for that? Bankruptcy Judges would be very ticked off if they found out. But, the CA would probably get off the hook by claiming they did not know it was discharged in bankruptcy. That is why I suggested the validation letter - let's find out exactly what the debt is and whether or not it was discharged. I do not have the Lizardking letter available. Do a search here under validation lettersand look for the Lizardking one. I wish he would sell it so I could get a commission for recommending it so much. I do recommend it because it worked for me. Forceful but not nasty. Makes it clear you are not going to put up with any crap.
Hi I would also send them a Cease and Desist ONLY in writing may you contact me letter along with my validation letter. This way you can start a paper trail. You never now when you will need it! My philosophy... "If it's not in writing it doesn't exist."
