Hello folks, I have a problem that i'd like to receive some feedback on. I noticed a strange 1-800 telephone number on my CID & I called back. The fella whho picked up identified the CA, gave me my Miranda Warnings, and then said that: (1). an acct was placed with the CA in June 2006 (2). the initial notification was sent out in October 2006 (I never received it) (3). how would I like to take care of this debt. (4). the original debt was approximately $2000 but interest has been added and now the bill totals $4800. Now, if indeed I owe the OC anything (I do not think that I do) it would be a hospital bill or some sourt of tuition. Neither of these types of accounts carry an associated interest rate from the OC. Second, even if the CA claims to have sent an initial notification...didn't my 30 Day clock start on the day that I actually contacted them rather than 30 days after they claim they notified me?. I plan to proceed with a demand for validation and see exactly what this CA claims that I owe. Can anyone suggest anything else?
Yes, dispute the tradeline through the credit reporting agencies. If they fail to mark the account as being in dispute, then you have something to work with in terms of FDCPA and FCRA violations. Moreover, it may just be deleted. In addition, I would go ahead and send them a request for validation wherein you espouse that you have NOT received anything from them and as such, they have five days to explain the nature of the debt insofar as your communication constitutes the initial one.
Thanxs Apex...my conversation took place on Monday evening...so I assume that the five days would be up as of midnite on the following monday (T-W-Th-F-M). I will send my validation demand on friday via certified mail (overnight) so that it will arrive on monday (day 5). What do u think?
By Miranda warning I am referring to the mandatory "this call is from a debt collector, it may be recorded, any information obtained will be used for the purpose of getting you to pay us some moolah...
First, send a Demand for Validation to the collection agency, send Certified Mail Return Receipt Requested, state the facts of the phone call, conversation, and your facts of 1) NOT RECOGNIZING THIS DEBT, 2) You never received any WRITTEN NOTIFICATION from the CA, 3) that if this account is reported to the CRAs it will considered a violation of the FDCPA and the FCRA. When you have received the "green card" back, THEN dispute with the CRAs. IF, it is on your credit reports. You do not state whether it is being reported or not. When, and IF, you receive any validation back, study to make sure it is turly your debt. Also,any further communication should be in writing (by both parties).
