Well, first of all it has been close to a year since I have had to deal with any CA's or negative credit stuff. My CR is perfect thanks to everyone's help here. I received a letter a few months ago about some debt that I cannot even remember (my "trouble" was from 1995). It has been assigned to Federal Credit Corp. I tried faxing them a validation letter via their fax number from their website - of course it would not go through. I was going to be mailing it this weekend. I come home tonight from work with a lovely message from a CA saying that I needed to call them about a possible legal matter then leaves a "toll-free" number that's not toll free. I feel comfortable in saying that this account, if it is even mine, is way past SOL. It is not any of my CR's. I was sending the validation letter mainly out of curiosity to see if this was my account. I feel like his message was threatening - can he say that? A possible legal matter, he only said his name not where he was calling from. I am so mad right now I want to call him. Should I even bother with the validation? Or just send a C&D? I have an email address I can send correspondence, should I do that to get them to leave me alone? Thanks for the help again everyone! BTW - credit score is at 744!!! When I started in November 02 it was 575. Hunter
"I received a letter a few months ago about some debt that I cannot even remember (my "trouble" was from 1995). It has been assigned to Federal Credit Corp. I tried faxing them a validation letter via their fax number from their website - of course it would not go through. I was going to be mailing it this weekend" - Just to make sure you are aware since you have been away, your validation request is tardy. The collection agency is not LEGALLY (wink to Butch) required to reply. -They are only required to report the debt as disputed if they report it after. I come home tonight from work with a lovely message from a CA saying that I needed to call them about a possible legal matter then leaves a "toll-free" number that's not toll free. " - I love these "Self incriminating" statements. This is an outright threat of "legal action" from the stand point of "the least sophisticted consumer" wouldnt you think ? "I feel comfortable in saying that this account, if it is even mine, is way past SOL. It is not any of my CR's. I was sending the validation letter mainly out of curiosity to see if this was my account." -SOL is ONLY a defense to a lawsuit. IT IS NOT A PREVENTATIVE. -However, if the collection agency threatens to file suit, and dont, its a violation, if they file suit on a time-barred debt, it is a violation. -To me, they are in violation NOW "he only said his name not where he was calling from. " -Well lets look at FDCAP 807 (11) : (11) ...failure to disclose in subsequent communications that the communication is from a debt collector," -This was a subsequent communication right "Should I even bother with the validation? Or just send a C&D? I have an email address I can send correspondence, should I do that to get them to leave me alone? -Although NOT REQUIRED TO REPLY, sending a notice that the debt is disputed AND is out of the SOL (if it is) they will loose any defense to "I didnt know it was SOL" if they do file. -If they are buggin you on the phone, dont give them your email address to bug ya at too *****the color was for LK's benefit. LOL
Thanks Hiding. I didn't mean to say a few months ago, it is dated April 9 (should have said weeks, sorry). So, I'll go ahead and mail them the validation letter, just to see what I get back. Then follow up with the C&D stating its past SOL. I honestly don't know what account it is from - shows how old it is. Lucky for me, I did save the message and my step-father is an attorney - a defense attorney at that - and retired marine, loves to argue. Well see if he'll need to call. Thanks again! Hunter
LOL..... FORMER Marine...never retired LOL Yeah, MAKE SURE he reads the whole FCRA/FDCPA. Tell him about the National Consumer Law Center's Publication "FAIR DEBT COLLECTION PRACTICES ACT" and "FAIR CREDIT REPORTING". This will make a quick study of the laws for him Here are some relevent sections: FDCPA § 809. Validation of debts [15 USC 1692g] FDCPA § 807. False or misleading representations [15 USC 1692e] FCRA § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (b)
Well I received a reply to my validation letter. They say they have ordered the documentation from the OC and that it would include my signed authorizations for the account. When they get them they will forward them to me via mail (as I requested). This letter was from the guy who left the bad message on my answering machine. Three things I notice different on this letter: 1. Different mailing address 2. In the part that says Re:, it now has a different name (a variation of the CA) 3. The amount owed is now $12.25 more than last month's letter. Can they charge me interest?? It seems to me, once I received the signed authorizations, I can prove that the debt is way past SOL. Thanks for the help and advice on this board ;0) Hunter
Re: Re: Ghost coming back to haunt me Can they chage you interest? probably, if the original contract alows for it. Will the collect it? Probably not, since you already know it's time-barred and you have access to an attorney.....
Re: Re: Ghost coming back to haunt me Well here's the latest... I really believed I would not hear back from them, especially by phone. Some how or another they got my cell number and a rep left a voice mail that she was calling about my dispute letter. The other calls were on my home phone. Well, I was so angry, I did call them from my cellphone (also I would have proof of the conversation). The girl who had called was not in but, I was lucky enough to talk to a complete Jack $ss. I was very nice and explained that I did not understand why they were calling. He said because I owed money and needed to pay ASAP to avoid court. I then asked if he saw in my account my dispute letter I had sent- he said yes and I said why did someone call my cell. He said they never had my home number - he got very angry when I told him he was violating my rights, he called me a know it all. To sum it up, I was calm and explained that they were only to contact me via mail and I just want to know what this account is before I proceed with anything. He said fine, once they gather the proof they will not waste anytime and sue me. I then said that was fine, that if it was mine it, that it would have to be from very long ago being I had no idea what it was. I then asked if they made a habit of suing on time barred debts. Again, told me I was a know it all that, I should just pay the bill and end it. It would be cheaper than getting a lawyer, then I said it was no problem bc I all ready had one. He then said that he couldn't believe I couldn't pay my debts but could afford a lawyer. Needless to say I laughed the whole time. I did watch what I said and have since called my father. He wants me to write them a letter pointing out the violations - he will proof it for me (guess it's time for me to be a big girl). The way I see it there are several violations: 1-the first message left on my home answering machine, 2- Continued to call me after I all ready received a letter from them that they had gotten my dispute letter, 3- continued collection, asking me to pay when I did call back after acknowledging both verbally and written they had received my dispute letter. Any other suggestions? I guess I will send a ITS letter. Is there a really good letter out there I can start with? How much should I ask for? Thanks for everyone's help! ;-)
Re: Re: Ghost coming back to haunt me **No not exactly, here's the original letter: Dear Collector, I am writing in response to your letter dated April 9, 2004. This is the first letter I've received from you on this matter. I am not aware of ever having an account with First Omni. 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 via my mailing address above. 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. 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. Please also let this letter serve that I will only communicate via mail and the address above. Any phones calls will be construed as harassment. Sincerely, my signature CREDITOR DISCLOSURE STATEMENT 1. Name and Address of Collector (assignee): _________________________ 2. Name and Address of Debtor: ____________________________________ 3. Account Number(s): ____________________________________________ 4. What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. 5. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO 6. Has the purported balanced of this account been used in any tax deduction claim? YES/NO 7. Please list the particular products or services sold by the collector to the debtor and the dollar amount of each: Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action. ________________________________ Authorized signature for Collector __/__/__ Date Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts. **They are the ones that responded with (letter I received before the latest voicemail on my cell phone):** VIA US MAIL Dear Hunter75, We are in receipt of your letter disputing the above debt. We have ordered the necessary documentation from FIRST OMNI. Included in this documentation will be yours signed authorizations for this account. When we receive these documents we will forward them to you. It is our intent to pursue collection of this debt through every means available to us. Sincerely, FCC, yada yada (phone numbers, website) This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. **So no I did not specifically ask for DOLA but I figure if this is my account and it was so long ago - them providing the "signed authorization" will prove the SOL if need be. As I said before, I do not recognize this account. I did mess up with some credit cards but that happened over 8 years ago. The fact that the letter states VIA US MAIL shows they knew not to call me, the first letter did not state this.** Thanks- Hunter75
Re: Re: Ghost coming back to haunt me Items 5, 6 and 7 are probably irrelevant, but if it's sent, you might as well see what they reply. Basically, you are looking to show one or more of: 1) It is not your debt. You are misidentified. You were underage, etc. 2) It is paid, amount is wrong, fees have been added that are not allowed. 3) Date of first delinquency is past SOL, so it is uncollectable. 4) It is too much trouble for the CA to produce records from the OC to disprove any of the above, or records cannot be found, so it's not worth the effort for the amount. Request for original signed contract may address 1) and 2). If it cannot be found, possibly 4), but other evidence of the account, such as copies of signed credit slips, may still show a contract. Alternatively, a statement sent to an address at which you have never lived, along with credit slips with forged signatures, might indicate that someone fraudulently opened, or hijacked, an account . Date of original contract doesn't deal with 3), since there may have been payments after this date. That is why you want the date and amount of last payment, and therefore the date of first delinquency. The OC's charge-off date would be after this. A copy of the final statement showing the last payment would establish this. That is the starting point for determining when SOL is passed, and when the 7 year CR reporting period is passed.
Re: Re: Ghost coming back to haunt me Another violation you can add is calling you on your cell phone.
Re: Re: Ghost coming back to haunt me The violation that lb is referring to is unconsciousable means to collect, by communicating in a manner which results in the consumer to incur fees without knowledge of the collection purpose.
