First I want to begin and say that I think that this site is a gemstone and of immeasurable value to anyone that is looking to get their credit back on track or just want to know how it all works. I have been a lurker on these boards for a while checking in every now and then when I can. I managed to goof up my credit back in my younger days while I was in the military. I started my credit repair with Lexington Law on advice from of friend of mine. I know that there are lots of mixed feelings about them and they did an ok job with me but I am ready to just do the work myself. It is this change of focus that has me posting here on my first events. I have a collections account with a company called Credit Control Corporation (www.credcorporation.com) from Cox on an old bill. This account has been in collections for some time and I have never had any collection letters or attempts previously by CCC or by the cable company. I have always ignored this account when doing my monthly disputes using LL for the sole intention to just settle this small amout outright. Recently I decided to disputed this account since it was so old. All CRAs came back stating that this account was mine and I decided that I would handle this account on my own. The amount that they said I owe is $396 which I am willing to pay to get the item removed from my report of course. So over the weekend with the help of this site I pieced together a letter offing to settle (Full payment) in return for deletion of this account. This is a great deal for them as that this account is well over 4 years old and I believe is also outside of the SOL for collections in VA. So I was set to mail this letter today when this sleepy little CA tried to pull a fast one on me. This morning I received a call from a number listing itself as being from Ontario. I take the call and a young lady introduces herself as being from some company and states that I recently applied for a card. Well yes I had indeed applied for a card to help me start to rebuild my credit and she goes on and verifies my address and all that good stuff and tells me that I am pre-approved for up to $2000 blah, blah. She stated that the only requirement was for a one time processing fee which was 12% of the offered limit. Well things started to fall apart when she said the amount was $396. (Where have I seen that number before?) Well I may not be great in math but I know that $396 is not 12% of $2000. She then tells me that the money is not due today and that I can setup a date in which to pay it. I had asked if I would get in writing and better detail all of the stuff that she rattled to me over the phone. She stated that that would all be inside my â??welcome packageâ?. When she asked me for my account number I stop our conversation there. I called the phone number 416-364-9999 back and got a service message that stated that I had used an incorrect number or code?? Hold on...Friday I had missed a call from a local number that I did not recognize so I called the number back and received an odd message that the number or code that I used was incorrect. I tried several times and got the same message. I wasnâ??t typing the number in myself but rather attempting to call back out of my call log. Odd. Well hey same messages, different numbers!!! At this point I am sure that CCC was trying to pull a fast one on me. So at lunch I mailed the letter to them and decided to call the 416 number again. This time I get a â??Recordingâ? that states that the number is not in service. When I say recording I mean you can hear as if the phone picks up and plays the message and it even tells you that is a recording. Not like a system message you get from the phone company. So I am really felling that my first time out I will have to deal with a truly shady CA. I had used the mailing address on the credit report to send out my letter so I was ticked with these guys trying to deceive me that I called them up to see what they would say. I let the girl that took my call know that I was sending a letter(not revealing itâ??s nature) and she immediately told me that the address on the credit report was incorrect?? I asked her for the correct address and she gave me a PO box number that was totally different from what is on the CR. I asked her if she knew if my letter would still reach them and she stated she didnâ??t know. I prepared a new letter to send to the correct address anyway. Thing is, EQ,TU, EX are reporting an address that they claim is incorrect. So how could validations have been done unless the mail eventually got to the right place? How should I countinue to handle these guys?
If they were attempting to sign you up for a "credit card" which would come with an already existing balance of the old account, without disclosing this to you (whether they called it "fees" or not, if it went to pay some other bill), then this contains major elements of telemarketting fraud. FDCPA violation: Failure to notify you that they were a debt collector, and that any information would be used for that purpose. Phishing for financial information under false pretenses. Violation of Gramm-Leach-Bliley Act: http://www.ftc.gov/privacy/glbact/glbsub2.htm Violation of the Telemarketting Sales Rule (they were not calling as a collection agency, but claiming to be "selling" you a "credit card" with a line of credit. After paying the "fees", would you in fact even have a "credit card" account? No? http://www.ftc.gov/bcp/conline/pubs/buspubs/tsrcomp.htm Use of a deceptive caller ID number in a telemarketting call may also be a TSR violation. Are you on the Do Not Call List? And from Toronto? CANADA? http://www.consumeraffairs.com/news04/ftc_prime_one.html Also FDCPA violations: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#807 �§ 807. False or misleading representations [15 USC 1692e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: ... (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. Did they provide you this in writing: �§ 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. FDCPA violation: The use of deception to collect while denying you your right to request validation of the debt.
