CA Problems Help with Validation

A CA contacted my mother (don't have my phone & it is unlisted) via phone. They asked for me and then left a message that left her under the impression they were a lawyer of sorts. They told her I needed to call a number and gave the extension and give them a "case number". She passed the message on to me, and knowing I have nothing out there bad I assumed it was some sort of mistake, would call the number and get it straightened out.

I called the number and it was for NASCO. I was then told that they were collecting for an old store credit card I had had years ago. When they told me what it was, I explained to them that I had paid that off at least 7 possibly more years ago. I can remember taking a payoff amount that was about $60.00 less than the actual amount owed just to get out from under it. I can remember this clearly because they were calling my home 3 & 4 times a day back then in addition to letters and were making me nuts. I took the payoff, cut the card up in a million pieces, requested they cancel the account and sent it all to them and have never heard another word. No calls, no mail, nothing.

I was put on hold, the girl came back and told me ok, no problem, she noted it on her account and to have a nice day. That was the end of it, so I thought.

5 days later they call my mothers again. This time the woman is a b*tch! She tells my mother that I have to call them at a number and extension. My mother told her I had returned their call last week and from what she understood it was settled. The woman tells her NO it was not and that I needed to call. She then told my mother if I did not, they would sue me.

I receive the message and call them back and against my better judgment I did. Figured I would call, tell them about the prior call and get it all straightened out. WRONG.

This woman was HORRID. She would literally scream over top of me if I was trying to talk or ask her something. I told her what the girl told me the week before, she told me that is not what was noted, that it said Refusal to Pay. I then told her that before I did anything with this, I would need a copy sent in the mail. She told me they have sent many copies since the middle of August and I had to have received them or they would have gotten them back. I asked the address she had, it is my moms (used to be mine) I told her that I had not received it and my mother had not received anything either. She basically told me I and my mother were liars. Had to have received it of they would have gotten it back.

I then requested that she resend it again. Give me the benefit of the doubt if you will. She refused. Told me she didn't have to, didn't have time because she was taking this to the lawyers on Wednesday Sept 10. She said she had a meeting set up with them at 8:30 a.m. I told her I have a right to the paperwork and it was up to her to be sure I received it so that I could proceed in whatever manner I determined was best . She told me no and that she was putting it on my credit report that day. She asked if I had the proof I paid. Told her I could look, but no guarantees since it was so long ago and I had moved since then and may or may not have the paperwork that far back. Not to mention that I know I paid with a money order, so no bank to look back on. I asked if I could have a couple of days to look since some of this stuff was packed in boxes, packed away. She told me I had ONLY until Wednesday morning of the 10th. (This was 4:30 on Monday afternoon.) I asked her why If this debt was valid, I have never ever received anything in years? She said I would have had to because it had been to 2 or 3 other collection agencies. She then tells me she can garnish my wages and asked where I worked. Told her garnish away as I don't have a garnish-able job. She tells me that the total will increase as soon as she meets with the lawyer because they will add on lawyer fees and the any costs they have incurred for trying to find me. I asked for her name (for my notes), she wouldn't give it to me, kept skipping the question. I told her if she was going to be unreasonable, I would contact my lawyer. She says "Oh, you will pay for a lawyer, but you won't pay your debts?" It told her not a debt that I had paid of years ago! At this point, I was tired of her screaming over top of me and I started screaming back. I asked her to please just shut the hell up and listen and she told me to calm down. I told her she needed to calm down and she hung up on me.

There was much more said, but this is getting long enough.

I then looked through the paperwork I had, but had nothing. Since I never recall receiving anything after the final payment, I wasn't surprised that I had nothing. I calmed myself, and called them back. I keyed her extension and asked to speak to her superior. She put me on hold for two seconds and came back on. I swear it was the same person! Acted like she was someone else! The voice was the same. I explained I had looked and found nothing. I then explained either way it didn't matter because the SOL in MI is 6 years and I know it was longer than that. She started in with, I had to pay it. Go borrow the money from a relative. Go to some agency and get help with my regular bills and use the money I have to pay them. I told her no, no and no (the money isn't the issue, I HAVE the money...but I am not paying something I have paid before). I get the oh well, they are working on a time schedule and have to meet with the lawyer on Wednesday, to bad so sad for me. Then out of nowhere she offers a payment plan. $$ to them by the 15th of this month, 15th of next month, balance the 15th of November. Total they are asking for is $290.00. They wanted payments made out to the store name, with the collections address on it and priority mailed with delivery confirmation each time.

At this point I told her I was calling the store the card had been with to see if they had made some mistake. If they had, then I would have the store call them, if not, I would consider the payment plan if I could not provide proof I had paid and ended the call.


I called the store, they have the account as a balance of 290.00 but no minimum due. (which I know is wrong) I explained the situation to them. she looked and last activity of any kind was in January of 1996. She said that that NASCO acquired this from them in December of 2002. I asked if it was placed as a collection with them or if they had bought it. She said it wasn't placed as a collection, that NASCO owns the debt now but she was unsure of how they received ownership. I mentioned that the NASCO told me to make the payments out to the store name, but their mailing address and she said that was weird cause they didn't own the debt anymore. I then asked her what had been going on with the account prior to NASCO getting it in December of 2002. She looked and said "nothing, i was just sitting here." I told her NASCO said it had been to 2 or 3 other agencies prior to them and she said not according to her records. She tried to find out if there was anyone above the two people I had spoken to at NASCO, but her boss was gone. I am supposed to call them back today.

I spoke with some people knowledgeable in this area and was told DO NOT SEND them anything, that if I do, I start the SOL over.

I was told to have my mother tell them do not call there again, therefore forcing them to mail info to me and that the company would have to send it certified to have proof I received it and if they didn't they were out of luck if they took it to court.

We moved since then, but my mother lives at my old address, so anything that was sent, I would have still gotten it. Not to mention this is a really small town where everybody knows everyone, so it wouldn't matter the address on the envelope if the mail person saw the name, they would bring it here. Has happened many times before.

I pulled my credit report from all three agencies and this is not on any of them.

I found this place and got the copies of the validation letters the final letter, along with some good information. I see a few things (mentioned in my post before now) that seem to be violations of the credit law too.

My question is, how would you proceed? Should I send the 1st letter out now, or should I wait and see if they try to contact me again?

Should I mention that the SOL has run out on this according to MI law in the first letter?

Also, do I have to send the second letter (15 day wait) or can I send the first then the estoppal 30 days later?

Should I call the collection agency back and tell them that what they tell me about the account history vs what the store is telling me does not match, that the gig is up and that they can get lost?

I look forward to your advice.

 

I just wanted to add that I got back ahold of the store and they gave me the name of the supervisor at NASCO and asked that I also give the supervisor a message to call the supervisor at the store about my account.

Now I am the messenger? Ahhhh what is up with that.

I told her I may not be contacting them by phone, I am considering writing a letter and I could include that note in the letter.

I asked her if she found out why if NASCO owned the debt the payments would need to be made out to the store. She said that they don't actually own it, they get a % of the collection.

So, do I call and give the agency the message? Do I include it in the letter?

This is so dang confusing!

 

Thanks for the suggestions so far.

In the validation letter should I point out that the SOL in MI is only 6 years?

I like the idea of confirmation of conversation. Could I include that in the same envelope with the validation letter? I don't know the persons name, as she would not give it to me, but I address it to the company itself.

Has anyone here ever dealt with NASCO before?

 

Re: Re: CA Problems Help with Validation

Thank you!

I am getting the validation letter ready to mail out certified with rr tomorrow.

I'll keep ya all posted.

 

Well poop! Wish I had seen this before going to the post office.

I have only talked to the CA twice. I have talked to the original creditor a couple of times to get information that I needed and to see if they had made a mistake when they sent this to the CA since I had paid it off.

Here is what I did.

I used one of the validation letters from here, modified slightly.

<<My name and address>>


<<their name and address>>


September 17, 2003

RE: Reference # XXXXXX / Store Name

Dear Sir/Madame:

This is in reference to our recent phone conversations.

This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

Sincerely,
me

I also attached the Creditor Disclosure Statement, for them to fill out and return. I added a line to the statement requesting a copy of the original contract bearing my signature.

I then stuck a post it note on the whole thing that simply stated.

Date
Attention: <<Woman's Name>>
<<Woman's Name>> at store name requests that you contact her immediately.

I debated on including the message, but since the store seems to be trying to help me get this cleared up I decided to include the message. Also, I could not see anything lost or gained by giving them the message.

I sent the whole thing certified return request.

They did call my mothers again yesterday. As soon as she knew it was in fact the same company she told them she is no longer accepting phone calls and messages from them and hung up.

So I guess I just wait the 30 days from the day I get he green card and go from there now.