I received a call yesterday from Brachfeld and Associates claiming I owe $4,000 on an old Sears account that was last reported in 2002. As far as I know, I never had a Sears account. They have called 2 more times but will not let me speak and ask about an account number or any other information. They say they have my name, address and social and that by me asking questions it is my refusal to pay and they will proceed. (with what, I don't know yet) I have tried to ask them for some validation of this account in writing, but they just keep on telling me that they are accepting this as my refusal to pay. Ok, just called again with an automated message telling me to call them. That is 3 times today alone. I've worked long and hard to get my credit straightened up, and no where have I come across this Sears account. I just checked all three credit reports and saved the file as they are not listed anywhere on there, but in case they suddenly show up. What do you suggest my next step be? Validation letter? SOL Letter? Thanks for any and all suggestions. Tricia
The first thing I'd do is wait for 5 days from the day of their phone call. If you don't receive a letter from them stating what you owe and how to initiate the dispute process, sue them for the FDCPA violation.
Tprib, I wouldn't talk to them anymore, You NEVER want to have a conversation with a collector (period). Like Squidzilla said, wait and see if they send you a letter. It doesn't really matter anyway, it's not on your report. However, Go ahead and when they send you a letter and reply back with a validation letter, but, DO NOT SIGN IT!!!!!!!!!! Collection company's are shady, they will take your signature and photo shop some bull crap on things you have no clue of. Just let them do whatever they feel necessary that they need to do. They cant do nothing to you. One question: How do you know it was last reported in 2002? How do you know it's a sears account? How do you know it was for 4k? Further more, if they have your social, address, your name and phone number , then let them do what they do. It doesn't matter. Let them come after you, chances are they will violate the FDCPA in some form or another. I wouldn't sweat it at all. Plus you can sue them for a min. of 1k for every violation. Now the money isn't important, what is important is keeping your credit file in order. I hope this helps
Thanks, that does help. I found out the info because almost as soon as I answered the phone and confirmed it was me she spewed out the info. I was dumbfounded and caught off guard. I'll wait the five days for a letter. If I don't receive it, then if they keep contacting me I can report them, is that right?
Tprib, If they keep calling you send in a ceast and desist letter to them. The phone calls will stop. If the debt isn't yours then no worries, let them do whatever they feel they need to do. Send the letter certified with return receipt requested from USPS. They cant do nothing to you at all, even now with out the letter, they are annoying though. Keep an eye on your report to verify the company hasnt' put a listing on you file. If they did then dispute it with the CRA's. ******** Remember, don't sign anything that goes to a collection company*****
It happens to the best of us. Consider this a lesson learned about strange caller ID numbers. Heh. This portion of the FDCPA states that within 5 days of initial contact, the agency shall send a letter stating the amount owed, the original creditor, and an explanation of how to dispute the debt--the so-called "mini-Miranda". If you do not receive that letter within 5 days (plus a few days for postal transit), the violation has been committed, and it's an actionable offense. The risky thing about a cease and desist letter is that it gives them no choice but to sue you if the debt is yours. If you're sure that it's not, you can send it. However, I'd wait a little while and see what kind of FDCPA violations the CA commits in their attempts to collect. You can nail them for damages and profit. Let's see if they send you the letter first. If they do, prepare you validation request. If they don't, start getting your ducks in a row, because if they're unable to follow basic procedure, they're likely to make many more mistakes that can ultimately benefit you financially.
Agreed with squidzilla, lol, see how far they will violate, just be sure to document everything and dont sweat it!! It's not yours right! no worries!!
Ok, I received a letter from these folks today. It's a settlement letter. No mini-miranda, just that this offer is only good until the 29th of May. Do I still DV them? They are still calling constantly. Withough the mini-miranda have they violated rules? Not too sure what my best next move would be.
Yes. Send them a DV letter (the one with only 4 sentences). RE: account number I dispute this debt. I request validation pursuant to the FDCPA. It is inconvenient for me to accept any telephone calls about this debt at any time and at any telephone number. Please send all further communication about this debt by mail to <insert address>. Then hope they keep making phone calls because each one is another reason to sue them. That's it.
Check the back of the letter, as well. There is no box of text beginning with the words, "This is an attempt to collect a debt."? You may have something here.
Ah ha, it is on the back, just the this is an attempt to collect a debt. Nothing about having 30 days to dispute though. I thought that was part of the miranda, but I guess I'm wrong.
Ok, now the SOL do I understand this correctly? Since it has been supposedly 8 years, and the SOL for California is 4 years, they can continue to try to collect, but they can not sue me. Is that right? It's not on my credit report, I have a monitor on my credit report so I would know if they add this on as it is not on there now, nor ever has been. My husband had is wallet stollen in 1998 just after we bought our house, we had just paid off both cards and had no reason to obtain credit. When Husband looked into buying a boat in 2001, we found out the hard way about identity threat. So we've been dealing with this kind of crap for years. This is the first thing that has come up with my name on it though. We've gotten everything taken care of, except some judgement nobody knows anything about including the attorney and CA who filed after years of fighting. Now this. It never ends does it?
Yes, they can still sue you. You would have to answer the summons and raise the affirmative defense of SOL. You would probably have to appear in court.
