How much info does CA need?

Discussion in 'Credit Talk' started by zmender, Dec 9, 2010.

  1. zmender

    zmender Member

    A CA just called me about a vague fund that I do not recall. The only information they are able to verify is an address where I lived about ten years ago. I even had to provide them with my current address to send the debt validation letter to. Would they be able to add the info to CRA? Would it be better if I just go ahead and ignore them?
     
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    I wouldn't just ignore them if you believe this debt is not yours. And yes, if the CA is trying to collect a debt that you truly owe, they have the right to report it to the CRAs as a collection. Do you currently have nothing showing up on your credit reports regarding this debt?
     
  3. zmender

    zmender Member

    Absolutely nothing. They claim to have spent past year trying to track me down using an address I had almost 7 years ago...
     
  4. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Well, since they tracked you down now I wouldn't be surprised if they start reporting the account to the CRAs as well.

    Make sure you DV them to protect your rights under the FDCPA. You should receive something in writing from them within the next few days.
     
  5. zmender

    zmender Member

    It is still not on my CR report. Does the collection agency need just my name/DOB to report the info? Or they need correct address / SSN / etc?
     
  6. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    No, they don't necessarily need your SSN to report to the CRAs. If they have your name, birthdate, and an address, that's probably sufficient.

    It hasn't even been 30 days yet, and it's the holidays, so they may still need time to get their act together. Have you received anything in writing from them yet?
     
  7. zmender

    zmender Member

    I just received a letter from them demanding payment. I'll definitely be requesting validation from them. I think I'll give them a current address to validate, and at the same time a C&D letter. What do you think?
     
  8. zmender

    zmender Member

    Key is, I don't think it is my debt, and I'm not interested in spending much time dealing with it. They did not have any of my address and my phone number, which I had to provide. I have real credit issues to deal with and this one just poped up from no where. That's why I'm thinking of giving them a C&D the first time around.
     
  9. JMason

    JMason Well-Known Member

    I wouldn't bother with it.
     
  10. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    I wouldn't give them much information at all other then stating that the debt isn't yours and requesting validation. And remember, a C&D letter might leave them no other option than to sue you. You don't want that either.
     
  11. zmender

    zmender Member

    I got a copy of the said original contract today. It is not mine. However, it has my DOB, name, and email address. BUT, it also has a wrong phone number, has a wrong SSN, and a wrong mailing address associated with it. The collection agency threatened to sue over the phone. Should I be worried about the law suit? I am more concerned with the fact that someone might have my identity.
     
  12. JMason

    JMason Well-Known Member

    I would let them know that it's not yours, but I wouldn't give them any of your personal information. Let them know you think it's identity theft. Also, how old is this account?
     
  13. sparq

    sparq Well-Known Member

    At this point I would contact the police and file an identity theft report. Then I would pull all three reports just to be sure nothing fishy was on there. I'd go over them with a fine-tooth comb under an electron microscope. Any incorrect addresses listed under "previous addresses"? Any incorrect names listed under "AKA"? Get those removed ASAP.

    I'm not 100% clear -- did you sign the contract at one time, but just realized that somehow (perhaps they made a mistake) it has the wrong info on it, and now feel that you're no longer responsible? I ask because we've had a few less-honest individuals try to covertly weasel advice on getting out of legitimate financial obligations, and to be completely honest, their posts often read like yours did. I'm not saying this is what you're doing, but now is the time to be honest with yourself -- before you start getting the courts and/or criminal justice system involved.

    As for the likelihood of a lawsuit, do you have any information on when the last payment was made on this account? You'll want to find out if the matter is outside of your state's statute of limitations pertaining to debt. Credit cards are usually considered "open accounts", but contracts can be different. If you can give us some more details such as what this was for, when it was signed, when the last payment was made, that would be helpful.

    And no matter what else happens, SEND THAT DV ASAP! The DV must be postmarked within 30 days of their initial contact with you in order to have any power whatsoever. If they receive your DV on day 31, they are under zero obligation to respond. And DO NOT SEND A C&D. Let's get the SOL figured out before you fire off a C&D, because going nuclear this early can have terrible results.

    Keep your DV simple and on-topic. It should be two sentences, tops. "Dear ___, I am disputing the above-referenced alleged debt. Please validate said alleged debt and provide proof of such validation to my address above."

    Sounds like you're otherwise on top of this.
     

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