Tim
Valparaiso,#2Consumer Suggestion
Fri, November 23, 2007
There are two things that you can do when you receive a debt collection letter. You can demand that they "validate" the debt, and you can dispute liability on the debt. I recomend doing both. All collection activities have to stop until they can validate the debt and determine whether or not your dispute is viable. If your dispute is viable, they will have to perform additional research to determine whether or not you actually owe the debt, and they cannot pursue collection activities until they have done so. The FDCPA requires that this dispute investigation be done in good faith, and the FCRA prohibits collection agencies from reporting debts where the agency knows or should know that the debt is probably not legitimate. So by sending a validation request and a verified dispute, you are basically setting them up for a handful of FDCPA and FCRA violations. Down the road, if they keep hassling you, find an attorney who is familiar with collections law. Both the FDCPA and FCRA provide for attorney's fees. Best of luck!
Steve
Bradenton,#3Consumer Suggestion
Thu, November 22, 2007
You wrote: ..."If you do respond, they will get a judgement against you by the courts. I'm going to get more advise about a 'cease & desist' letter regarding them"... First, they CANNOT get a judgement against you without first suing you and winning. They MUST first file a lawsuit to ever think about getting a judgement. Just speaking to them will not allow them to get a judgement. Impossible. Second, there is no such thing as a "cease and desist" letter in debt collections. You can read the exact verbage in the FDCPA at the FTC website. The exact verbage straight from the FDCPA is "CEASE COMMUNICATIONS". These companies are junk debt buyers. They buy MOSTLY out of statute paper with little or no documentation on the debt or even who the actual debtor is. Therefore, everyone with the same or similar name gets the same collection letter. The fact that they are using your maiden name proves they have no accurate information on you, including your SS# as if they did, they would just hit your credit report to get your current info. Info for Mrs. L. Don't waste your time with a "denial of debt" letter. That is a waste of time. Send a "DEBT VALIDATION REQUEST". In this written request simply DEMAND to see something with your signature on it as well as a full account history and itemization of all charges. Make them break it down, and DO NOT sign the letter. DO NOT give them any information they do not already have such as SS#, DOB, etc. and MOST important, DO NOT sign the letter, just print or initial. The legal burden of proof is on them to prove that you owe THEM the money. The original creditor is totally out of the picture in most cases as they have sold the debt to these bottomfeeders who buy this type of old debt for less than a penny on the dollar. When sending this letter send it by certified mail, return reciept requested. BE SURE to put the certified# ON THE LETTER ITSELF and keep a copy for your records. This proves exactly what you sent. Now, if they sue you without providing the requested info, you can easily get the suit tossed as frivolous. Good luck!
Steve
Bradenton,#4Consumer Suggestion
Thu, November 22, 2007
You wrote: ..."If you do respond, they will get a judgement against you by the courts. I'm going to get more advise about a 'cease & desist' letter regarding them"... First, they CANNOT get a judgement against you without first suing you and winning. They MUST first file a lawsuit to ever think about getting a judgement. Just speaking to them will not allow them to get a judgement. Impossible. Second, there is no such thing as a "cease and desist" letter in debt collections. You can read the exact verbage in the FDCPA at the FTC website. The exact verbage straight from the FDCPA is "CEASE COMMUNICATIONS". These companies are junk debt buyers. They buy MOSTLY out of statute paper with little or no documentation on the debt or even who the actual debtor is. Therefore, everyone with the same or similar name gets the same collection letter. The fact that they are using your maiden name proves they have no accurate information on you, including your SS# as if they did, they would just hit your credit report to get your current info. Info for Mrs. L. Don't waste your time with a "denial of debt" letter. That is a waste of time. Send a "DEBT VALIDATION REQUEST". In this written request simply DEMAND to see something with your signature on it as well as a full account history and itemization of all charges. Make them break it down, and DO NOT sign the letter. DO NOT give them any information they do not already have such as SS#, DOB, etc. and MOST important, DO NOT sign the letter, just print or initial. The legal burden of proof is on them to prove that you owe THEM the money. The original creditor is totally out of the picture in most cases as they have sold the debt to these bottomfeeders who buy this type of old debt for less than a penny on the dollar. When sending this letter send it by certified mail, return reciept requested. BE SURE to put the certified# ON THE LETTER ITSELF and keep a copy for your records. This proves exactly what you sent. Now, if they sue you without providing the requested info, you can easily get the suit tossed as frivolous. Good luck!
Steve
Bradenton,#5Consumer Suggestion
Thu, November 22, 2007
You wrote: ..."If you do respond, they will get a judgement against you by the courts. I'm going to get more advise about a 'cease & desist' letter regarding them"... First, they CANNOT get a judgement against you without first suing you and winning. They MUST first file a lawsuit to ever think about getting a judgement. Just speaking to them will not allow them to get a judgement. Impossible. Second, there is no such thing as a "cease and desist" letter in debt collections. You can read the exact verbage in the FDCPA at the FTC website. The exact verbage straight from the FDCPA is "CEASE COMMUNICATIONS". These companies are junk debt buyers. They buy MOSTLY out of statute paper with little or no documentation on the debt or even who the actual debtor is. Therefore, everyone with the same or similar name gets the same collection letter. The fact that they are using your maiden name proves they have no accurate information on you, including your SS# as if they did, they would just hit your credit report to get your current info. Info for Mrs. L. Don't waste your time with a "denial of debt" letter. That is a waste of time. Send a "DEBT VALIDATION REQUEST". In this written request simply DEMAND to see something with your signature on it as well as a full account history and itemization of all charges. Make them break it down, and DO NOT sign the letter. DO NOT give them any information they do not already have such as SS#, DOB, etc. and MOST important, DO NOT sign the letter, just print or initial. The legal burden of proof is on them to prove that you owe THEM the money. The original creditor is totally out of the picture in most cases as they have sold the debt to these bottomfeeders who buy this type of old debt for less than a penny on the dollar. When sending this letter send it by certified mail, return reciept requested. BE SURE to put the certified# ON THE LETTER ITSELF and keep a copy for your records. This proves exactly what you sent. Now, if they sue you without providing the requested info, you can easily get the suit tossed as frivolous. Good luck!
Steve
Bradenton,#6Consumer Suggestion
Thu, November 22, 2007
You wrote: ..."If you do respond, they will get a judgement against you by the courts. I'm going to get more advise about a 'cease & desist' letter regarding them"... First, they CANNOT get a judgement against you without first suing you and winning. They MUST first file a lawsuit to ever think about getting a judgement. Just speaking to them will not allow them to get a judgement. Impossible. Second, there is no such thing as a "cease and desist" letter in debt collections. You can read the exact verbage in the FDCPA at the FTC website. The exact verbage straight from the FDCPA is "CEASE COMMUNICATIONS". These companies are junk debt buyers. They buy MOSTLY out of statute paper with little or no documentation on the debt or even who the actual debtor is. Therefore, everyone with the same or similar name gets the same collection letter. The fact that they are using your maiden name proves they have no accurate information on you, including your SS# as if they did, they would just hit your credit report to get your current info. Info for Mrs. L. Don't waste your time with a "denial of debt" letter. That is a waste of time. Send a "DEBT VALIDATION REQUEST". In this written request simply DEMAND to see something with your signature on it as well as a full account history and itemization of all charges. Make them break it down, and DO NOT sign the letter. DO NOT give them any information they do not already have such as SS#, DOB, etc. and MOST important, DO NOT sign the letter, just print or initial. The legal burden of proof is on them to prove that you owe THEM the money. The original creditor is totally out of the picture in most cases as they have sold the debt to these bottomfeeders who buy this type of old debt for less than a penny on the dollar. When sending this letter send it by certified mail, return reciept requested. BE SURE to put the certified# ON THE LETTER ITSELF and keep a copy for your records. This proves exactly what you sent. Now, if they sue you without providing the requested info, you can easily get the suit tossed as frivolous. Good luck!
Not_rippin_me_off
Hollister,#7Consumer Suggestion
Tue, November 20, 2007
I, too, am getting calls with my maiden name in regards to a bill that has LONG gone passed the SOL. 10+ years this debt was written off and NCO was the first company to call. Then started calling as AssetCare Inc. (owned by NCO) and they have been harassing me for months. I see the number come up and don't even bother answering it. If you do respond, they will get a judgement against you by the courts. I'm going to get more advise about a "cease & desist" letter regarding them. I found this website: ethannonsequitur.com/nco-financial-systems.html which explains how to send a certified letter telling them to stop harassing you. Good Luck