I have a listing from Professional Collections on my report saying that I owe them $186 for a Sprint Calling Card that I never owned. They have put two such entries on each of the reports. Sent them this letter : "I have the right to request validation of the debt you say I owe you._ I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. " then they send me statements to where the calls where made to and what time from the calling cards. They sent two such statements for two different accounts with two different names on there. Which is no where close to my name but has a few letters that are common in my first and my last name. Basically a very very stretched and a broad variation of my name. Later I responded by sending them the following letter: "This is a request for a validation: competent evidence that I have some contractual obligation to pay you, made pursuant to the Fair Debt Collection Practices Act. Documents required for complete validation: ·A copy of the contract, bearing my signature, wherein I have agreed to pay for such services. ·An itemized accounting of the alleged debt after it was turned over to Professional Collections for collection efforts. ·The assignment or purchase agreement for the alleged debt between Professional Collections and Sprint." They again sent me the same statements in the mail for the second time...help what do I send next..still have not fought with the CRA's telling that this is not my account cause I know that Professional Collection is quick to send those statements as verification
Sinc ethey have nolt responded to your legal request for validatin and have continued collection efforts, send them a Court Summons for $1000 statutory damages under FDCPA. Maybe THAT will get their attention.
Since you asked for validation and they sent you validation for someone else, why ask for validation again? It seems to me the obvious next step is to contact them and say, "This is obviously someone else, please stop collection attempts and remove this from my credit report." What am I missing?
Re: Re: Professional Collections Adamant Since ethey have nolt responded to your legal request for validatin and have continued collection efforts, send them a Court Summons for $1000 statutory damages under FDCPA. Maybe THAT will get their attention. Flyingifr =================== Make that 2000 since they did it twice. See following below:::::::::LB 59
Re: Re: Professional Collections Adamant How is that two different violations? I mean sending the same thing agian for the second time is a violation? And the name appears on their statement like: For example if my name was John Doe it apperas like Joooohhhnnn Dooe and the Second Statement Says Jnohn Deooe...something to that effect. I hope you see where I am trying to get at? Do I send the estoppel next since they are sending the same thing everytime I ask for some validation or even a document that bears my signature on there. I know what has happened, is that my roomate back at school was using fake names to get a sprint card online...and they some how just happen to tag the bills to my name since I was previously living there.
Did you ever send them a letter - thanks for the validation these are definitely not my accounts because blah blah blah? Please remove these from my credit reports. I don't see a violation. They were attempting to validate????????
I did send them a letter telling that these are not my accounts and that all I am trying to do is trying to validate this debt. Like I said all they do is send me some printouts that say SPRINT CDS and they have on them the time and date when the calls were made. Well it does have the address where I resided back in '98 when I was in college. So that's why I say that they are very adamant as to these are your accounts cause they keep on sending those same statements to me. Even after I sent them the letter that states to prove that this is my account by provding me any kind of documents that bears my signature
cause they keep on sending those same statements to me. Even after I sent them the letter dxbguy ---------------------------------- Did they ask for money or demand payment when they sent them? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
For payments. I am guessing. Eventhough they did not ask for payments. They included an empty envelope. You think I should send an estoppel
Re: Re: Professional Collections Adamant don't 'contact' them as mycroft says unless it is via a certified letter or a court summons.
No, you need to tell the CA its not yours. If you keep asking for validation, and they keep sending you the wrong thing, you aren't going to get anywhere. They have sent you what they "think" is validation. You need to send them a letter CMRRR that with the information they have sent, you have determined these are not yours, and why. Guys, why does everyone seem to think the very act of attempting to validate is a violation?????????
Amen! It's because if you spend all your time learning the FDCPA and FCRA forwards and backwards, it's easy to forget that the purpose is to fix negatives on the credit report, which can often be accomplished by enlisting the cooperation of the CA or CRA instead of taking an adversarial approach.
Re: Re: Professional Collections Adamant LOL, well we still disagree to a point. I have yet to find a cooperative CA, but I have with a little luck, gotten cooperative CSRs at the CRA's. I do understand the litigous mindset, but it seems of late, alot of the FIRST advice here is to sue. I haven't had to sue anybody YET, but people, if you are going to advise someone to sue, you need to play devil's advocate. Loco judges have proven more than once to us that they don't have a full grasp of the FCRA and FDCPA, and some here have lost cases. Why aren't there more recommendations to keep building your paper trail? Especially for the newer posters? What I see for this poster - they received an attempt at validation. What IS validation has never been defined by statute or case law. So could it be enough evidence if a CA sued? You won't know until luck of the draw on a judge. The poster then, without denying the debt for specific reasons, asks the CA again for validation. Could the CA come to court and say "Judge, we thought they didn't recieve the first set of papers we sent. And the extra things he/she asked for, we don't believe are legitimate requests" I don't pretend to understand and I haven't participated in discussions on estoppel, but now there are suggestions that they send that letter. The CA has not been silent!!! Butch, in another post stated that "I didn't get anything in the mail defense" is a duck that won't fly in Court. So again, I'm asking those that are hell bent on sueing, where are the violations?
...continued May or may not be a fair request. I've read on this site, that with broad acceptance that many utility accounts are started with a phone call, there may or may not be a signed contract available. Will the absence of such make the debt non-collectible? Is the amount being collected more than the statements show are due? Never did understand this one in the sample letter forum. If they get copies of the original bills from Sprint, wouldn't that be enough evidence in court that do have an agreement to collect? C'mon, am I making any sense, or am I blind?
Just a few thoughts on the issue in no apparent order. The FCC and state utilities commissions regulate telephone providers and outline when signatures are required. Many types of public utility service don't require signatures. A calling card is one such example. Additionally, telecom providers usually are required to file tariffs where they operate. The tariff outlines the terms and conditions of service. Many states require the larger providers to put the tariffs online now. See if the Sprint tariff offers any helpful information regarding billing disputes. If you have the bills, review the call detail records shown on them. Are any of the numbers recognized? Can any of them clearly identify calls potentially made by you? Did you ever gets bills from Sprint in the past? If so, did you dispute them long ago with Sprint? After reviewing the call detail records, you could file a complaint with your state's public utilities commission. They are the body usually assigned to resolve disputes regarding phone bills.
