Complaint Review: FMS

The week of May 15, 2006, I received a call from a collector working at FMS, Inc., regarding a "debt" I supposedly owed to MCI, from June, 2002. The individual told me the amount of $333.98, and the service address, which was an address where I have never lived. Furthermore, I have not had an account with MCI since the mid-1990's.

The debt was listed in my name, and last 4 of my SSN. I re,marked that this could be an instance of identity theft.

I requested the individual send me a letter detailing the substance of the debt.

On May 25 I received a letter stating, in part, "..Your seriously delinquent account remains unpaid, despite past requests for payment..."

I have never received a communication from this collector regarding any debts.

The week of May 29, I received a phone call from another collector at FMS. This individual asked the last 4 of my SSN, and proceeded to ask me how I was going to pay my debt. I replied that I was not responsible for the debt; it was posted to an address where I have never lived. He replied that I would have to clear that with the debtor, whom he represented as MCI. I said that it was up to the Collection agency to verify the facts of their accounts with their creditors.

The actual creditor on this account is LVNV Funding, which I am guessing purchased the "debt" from MCI.
This individual then told me that "according to the law, it is up to me to prove my innocence..."

Apparently, this person is unfamiliar with civil law in this country, which states that creditors must provide documentation of indebtedness.

I informed him of that legal provision, then furhter stated that "I am formally disputing this debt". It was only then that the collector relented, adopting a less strident tone of voice, as he requested verification of my address to send a dispute form.

My next step is to send a letter of dispute, requesting all supporting documentation regarding this supposed "debt". I am certain I will have to go around with a few more people to clear this "debt" from my record.

What I find particularly distubing, is that this company apparently condones the practice of intimidation of its supposed "debtors"; had I been less informed, I may have attempted to do what MCI/LVNV should have done in the first place- straighten out their own accounts, before selling a non-existent 4-year-old "debt" of a few hundred dollars.

Randy
Powell, Ohio
U.S.A.