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Apollo,#2Consumer Comment
Thu, April 26, 2007
You never know with junk debt buyers, what they are going to do as you have witnessed here. If they break the law, attempt to collect money for accounts that never happened; they could possibly sell your identify to anyone. None of us really know how, when, where and by whom, when ID theft happens.
Steve
Bradenton,#3Consumer Suggestion
Mon, April 23, 2007
Cathy, Rule #1!! STAY OFF THE PHONE!! Never call or take a call from any debt collector. Speaking to a debt collector will NEVER do anything positive for you, and will usually make things worse. NEVER give a debt collector ANY information at all! You DO NOT have to prove the debt is not yours. The collector needs to prove that it is! That's the way it works. Identity theft is not an issue here. Has anyone used your identity or that of your husband to obtain credit or an ID? Here's what happens. A JUNK DEBT BUYER buys some very old bad debt and the file has litlle or no information on the original debtor. Therefore, everyone with the same or similar name as the actual debtor gets a letter like the one you got. It is nothing but a fishing expedition. This is why you NEVER speak to them. Demand that everything be in writing! Always respond to a collection letter with a request for debt validation. Do not sign the letter, and send this letter 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 what you sent. Now, in this letter, DEMAND to see the original signed contract that created the debt as well as a full account history and itemization of charges. They would need this to beat you in court. Also demand proof that they have a legal right to the debt such as a purchase contract and proof of payment, as well as proof that they are licensed in your state to do debt collections. be sure to clearly dispute the debt in this letter, and demand that all communications only be in writing. With this done, they usually go away.
P
Dallas,#4Consumer Suggestion
Mon, April 23, 2007
Send this letter to the agency certified return receipt requested and put the cert number on the letter itself as proof as to what was sent. You might also want to put the scenario in this letter as you described and make reference to a police report is going to be filed (and do it NOW) since they have all your personal info. DO NOT SIGN THE LETTER ... YOUR "SIGNATURE" CAN APPEAR ON DOCUMENTS YOU NEVER SIGNED .... Your Name Mailing Address City, State, Zip Date Name of Collection Agency Mailing Address City, State, Zip Re: Dispute of Collection Action: Case # ________ CERTIFICATION NUMBER: [If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, tailor this line accordingly. For example, show the date you were contacted by the collection agency and/or identify the creditor by name if you can.] To [person whose name appears on agency's notice to you]: On [date] I was contacted by [name of person who called you] of your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt]. This individual is collecting on behalf of [name of creditor]. [OR] This individual would not tell me for whom you are supposed to be collecting. [OR] On [date] I received a written notice of the claimed debt, a copy of which is attached. This is to inform you that I dispute the debt because [insert reason for dispute, e.g. the agency has confused you with someone else or the debt was paid. Include copies, not originals, of any correspondence that proves your point]. I am hereby requesting that you confirm the fact that I owe this debt as required by any applicable state and federal laws. Please contact the creditor to obtain verification. In addition, under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection. Furthermore, any reporting of this matter to a credit reporting agency is premature. Until you have investigated my dispute, you should not relay negative information to a credit reporting agency. If negative information has already been reported, you will need to notify the agency to remove said report until the investigative process is over so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute. Your next contact with me should be either notice that the creditor has failed to provide verification of the debt and that the matter has been closed or that you believe that this debt is valid and are providing proof of my responsibility. If the former, please confirm that I am not being held responsible for the debt in writing and also that if the account has already been noted on my credit report, that you will contact the bureau(s) in question to have the account removed. If the latter, I expect that you will provide me with an explanation as to why you have decided not to remove this account from collections and a copy of all documents relevant to the debt such as the application, bills, records of communications and payments, and any other data that indicates my responsibility. I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing. [If you want to still speak to a collector by phone, indicate times when it is okay to contact you or note the name, address, and phone number of your attorney, if you have retained one.] I look forward to your acknowledgement that you have received this notice by [date that is two weeks from date of letter]. Sincerely, TYPE OR PRINT YOUR NAME Your name
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Apollo,#5Consumer Comment
Mon, April 23, 2007
This is what you do first you must do a dispute letter and start a paper trail. Then you need to treat this as if some has just stolen your wallet and make a report to all of the authorities in your state. I am talking about the Attorney General's office, maybe your local police, post office master, to the FTC. I am sure that when he put you on hold, he was looking up your husbands information, in order to target him in the future. Please don't feel bad. It takes a lot to look out for these folks who are trying to rip you off. Good luck to you. Let us know how it turns out.