I need advice please

Discussion in 'Credit Talk' started by timjcathom, Aug 30, 2001.

  1. timjcathom

    timjcathom Well-Known Member

    I have an entry for a collection on my CR. It is 2 accounts for Verizon Wireless. I have been in contact with the executive offices about this debt to challenge it's validity. The main offices of Verizon have no records of my having an account with them. Through further research Verizon found that the original debt is owed to AirTouch, which was bought out by Verizon. I also have RMA attempting to collect the debt for Verizon, with no mention of the original debt to Airtouch. I have been so far unsuccessful, in my attempts to validate the debt to Verizon. Verizon's only response to me is that the debt is valid without offering any type of proof. My questions to the panel are;

    1. What constitutes a valid debt?

    2. Can I treat Verizon as a third party to the debt as if they are a CA?

    3. Can you advise what steps I need to take from this point?

    Thanks in advance for your help.
  2. bbauer

    bbauer Banned

    Let's see if I can answer your questions

    Any debt you have lawfully contracted for is a valid debt until some other fact of law or illegal action of creditor causes it to become invalid or legally uncollectable.

    An original creditor is not always subject to the same laws that a 3rd party collector is. If the original creditor accepts the way you treat him and raises no objection to your treatment of him then he is, in net effect subject to that treatment. If he raises objection then he can probably escape that kind of treatment.

    Probably so. I would treat him as being subject to the law until he raises valid objection to the treatment and states that he is not subject to the law in question. Then it's going to be up to you to prove that he is or find yourself another law that he is subject to. Then see if you can get him to break that other law. If you can do that, then you still have him where the hair grows short.

    An example of how I deal with creditors and collectors alike.

    I am dealing with a collection agency over a hospital bill. I send the collection agency a validation letter containing a partial cease and desist clause. The collection agency calls me up on the phone and says (tape recorded on my end) that they do not have to validate the bill, and if I want validation of the debt then I must demand that of the hospital. I demand on the phone that they put that in writing and send it to me. They refuse to do that too. They threaten to sue. At that point I tell them "Well don't just sit there on your dead butt, do something" and slam down the phone. Those were my actual words.

    I will immediately send a validation letter to the hospital. I can only conjecture what will happen after that. I will not, however, conjecture about what I will also do about the collection agency.
    I will wait until the 30 days is up for them to have responded to my demand for validation with an estoppel letter. 30 days after that I will send them a letter which outlines their violations of law and ask them what they propose to do to make amends for their illegal actions and violations of the law. Their response must be that they will pay the bill and remove the adverse listings from all public reporting agencies and data bases or I will immediately file suit on them for their violations of the law.

    If the hospital violates any law in the process, they will get the same identical treatment and can pay for their illegal actions as well. Just let them send me a letter telling me that they turned it over to a collection agency and no longer have to validate the debt or that I must contact the collection agency for any and all demanded information.

    And if they do validate it, they had better do it in the right way or they still broke the law.

    Now then, that may sound like a pretty easy process to go through. For some on this board, it would be like falling off a log. But for those who are not thoroughly familiar with all the proper language to use when contacting collectors and creditors and credit bureaus, the exact timing necessary to get them properly trapped and in a losing position, I have a word of advice that you would be wise to follow.

    Don't try it unless you are willing to spend several months at a minimum studying all of the material on this board learning how to do it and don't try to go to court and sue them unless and until you spend the time to learn how to do your legal research, properly prepare the legal paperwork and file the case or are willing to hire competent counsel to do it for you.

    If you are not willing to do the work in the proper way, then you should just let somebody else who does know and is willing to put in the time and effort to do it for you. And there are always other steps which are left out of posts like this one due to time and other constraints.

    Thanks in advance for your help.
  3. timjcathom

    timjcathom Well-Known Member

  4. MartysGirl

    MartysGirl Well-Known Member

    First off... NEVER CALL.... !!!

    You need to send a Validation letter.. with a Cease and Desist letter...state that they can only contact you in writing. Send this Certified return... You need to send this to whom ever has the debt... If it a CA that is on your Credit report... send it to them first.. Let them worry about Verizon... that is there job.. they have the debt.

    Also... Bill has given you great advice.... If you listen to him... you can learn a lot..!! I know sometimes.. he can get very in depth and technical.. but....Bill is very wise and he knows his stuff...!!

    Good Luck

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