Hello, all! I have been reading this wonderful board for two days now, and it is so helpful, and the people here are so thoughtful, that I just HAD to make it the first(and only) message board that I have joined. I thank you in advance for all tips, help, and opinions. Thank you for sharing. Now, on to my situation. I recently pulled my credit report, and disputed three items that I had NO idea of what they were. One was already deleted (which I think is great, especially considering the fact that it only took one week for it to be deleted!), and the other disputed items are pending. One of the items I disputed, as it turns out, IS a credit card that closed in 2001, due to the fact that I didn't budget as well as I should have while in college. Well, this credit card was sent to a collection agency, and I was not aware of the name of this agency, so when I saw it on my report, I thought it was not mine. I suppose the dispute prompted the collection agency to "SEARCH" for me. They have my home address, but they do not have my phone number, as it has changed. So, a man from the agency CALLED THE MANAGER OF MY TOWNHOUSE, asking if I live here, and asking for my phone number!!!! So, she calls me (this is the first time anything like this has happened to me) and tells me that some man from BWS called her, but she would not give him my number, so she gave me his. Since I had NO IDEA who this was, I CALLED HIM!! He was nice, believe it or not, and I told him the amount of the debt he quoted is inaccurate (about $1300 on a card that had a limit of $500), and that I am disputing the amount. He asked for my number, and I gave him a voice mail ONLY number (just so he would not call my manager again!). I told him I would call him the next day (which would have been yesterday), once I checked my records. He said he could settle for $900. I DID NOT CALL HIM YESTERDAY, because I have found that it is BEST not to talk to the collection agency, and I wanted to prepare my letters to send to him. By the way, I asked him how he got the number to the manager's home, and he said he looked up my building address in the directory, and got that number. Well, today, I received a message from the manager that this man has CALLED HER AGAIN! She said he called her yesterday AND today! She told him NOT to call her, I don't live there, and she is the manager. I did not call her to see exactly WHAT he told her, and I did not go into detail with her about why he was calling me when she originally told me he called the first day. PLEASE, PLEASE help me! I don't know what steps to take! My first thought was to call him and tell him off, but I know there is a better way of handling this. I appreciate all responses. I also wonder why he never left ME a message on the voice mail number that I gave him... And, he stated that he sent me a letter in February. I did not receive it, even though he does have my address. Sorry so long, but I wanted to be sure I explained the entire situation to you. I will be checking back often today, as I would like to handle this today. STUNNING
I'm no expert, but here are the things I've learned. Don't talk on the phone. You can reveal far too much information and you have no documentation. You only need to get a mailing address for this CA and send them a validation letter, there are lots of variations in the other section on this forum. Send it certified w/return receipt. If you do not get anything from them that proves it is your debt (think signature), after some time has passed you send a letter of estoppel and then work on getting it deleted. During that time (30 days) they can not contact you other than providing the validation you have requested. No phone calls to anyone to collect the debt. Read all the information here and you'll get it. The burden of proof is now shifted to them, the less you do, the better off you are. Don't call for their address, use the info on your CR. Remember, "less is more"
Thank you so much, DanS! Excellent advice, and I will take it. I will read about the validation letters now. "Less is more" ---- I love it!! Thanks again! Any more suggestions? STUNNING
Should I send a cease and desist letter (as well as a validation letter) also, informing the CA to cease contacting me via phone? Even though it is the manager of my building he is calling! So, how would I stop him from calling HER? Thanks!
I believe that once you send the dispuite letter they are required by the FDCPA to stop all collection activity regarding the debt. Which should include calling your manager. Also she should tell them to never call her again and I believe they are supposed to heed her notification not to call.Perhaps you could Overnight them a CRRR and once you have the proof of delivery (just ON it may be proof enough since it is trackable by Fed Ex and UPS and USPS ) I believe you would have them on a violation. I am new and could be entirely wrong,so I am open to criticism. K
Read the excellent threads on Understanding the Collection Agency and Understanding the Collection Process. Then search under validation.
Thank you (((((((((((3dayevntr and DanS)))))))))))))!! I just read the threads by Flyingifr, and they contain a wealth of information that I can apply to my situation, along with the help you two have offered. I am searching for more information on Validation now, and I will get those letters out today! The manager already told him today not to call her, and I will include this fact in my letter, so that there is some sort of documentation, should he decide to call her back. Thanks again! STUNNING
1Should I send a cease and desist letter ? Even though it is the manager of my building he is calling! 2*So, how would I stop him from calling HER? Stunning 1* I don't 2*You can't but she can THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
1*I told him the amount of the debt he quoted is inaccurate (about $1300 on a card that had a limit of $500), and that I am disputing the amount. STUNNING ============ You should not be talking on the phone to a ca. Causes you to say things you shouldn't. Stay off the phone with the CA. 1*You should not have told the CA this. You should have sent them a validation letter and kept your mouth shut. Get that letter out by CRRR mail now! THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Also, What about the part of the FDCPA that states CA's are not allowed to call you at work, or contact your family, friends, associates (to include apartment managers) and tell them about your credit issues. Sounds like this CA has violated this twicw already! That should be worth about $2,000 in court, or at least a total deletion in lieu of being sued. FedUp2003
