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To: AFreeBird

Visit and post here:

creditboards.com

The people there know what they are talking about.


37 posted on 09/27/2007 2:37:13 PM PDT by diotima
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To: diotima

I operate a collection agency. It sounds like the poster is getting hit by Zombie agencies that buy up old paper for like .02/$1.00 then mass-mail everyone on the list. Some pay because they’ve never been dunned before and don’t know their rights/obligations under the Fair Debt Collections Act.

1. Every notice must contain the name of the Agency, a toll-free number and the statement basically that if you disagree, send them a letter telling them why, ask for the original creditor and other information.

2. Do everything in writing. These zombies will threaten you with your credit report but tell them to comply with the FDCPA or go to hell.

3. Call them. Ask for a supervisor. Ask that the file be noted as disputed and tell them the dispute document is in the mail and you expect a prompt response.

4. If you have no written response within the designated period, send a copy again, together with a cover cc’ing the consumer protection agency in your state.

5. If an entry is made to your credit report, contact the bureau, explain the situation, ask for it to be coded a dispute and then call the consumer protection agency.

If the debt is more than 7 years old, or if they’re fishing in the wrong pond, you could make some serious change here.

Also, the company that sold the debt does not lack responsibility for actions of it’s agent. Sprint is one of the foremost sellers of debt in the industry, although they usually unload it promptly. It’s when the agency that bought the debt for $.30/$1.00 sells it to another agency and they sell it to another that the problems begin.

Everything in writing. Do not accept assurance by phone that it is taken care of. Demand written responses. Know your rights but keep up with your obligations insofar as perfecting your dispute under law.

Good luck. A quick reference on statutory debt limits can be found at www.lawdog.com BUT it’s not always current and may even be misleading. Check your local state’s consumer protection agency for spefics.


42 posted on 09/27/2007 2:50:59 PM PDT by Smoke6 (And a man said to the Universe, Sir I exist! To which the Universe replied "So what.")
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To: diotima
The people there know what they are talking about.

Maybe it's changed but a couple of years ago they were useless. Art of Credit was a good board but appears to be gone.

The problem with creditboards is they get people sending stupid "validation" letters filled with pseudo-legalese that is meaningless & is a clear tip-off to the creditor that you're using those boards. The collectors read the boards too.

The best approach is a folksy, home-spun sounding letter that accomplishes your task without making you sound sophisticated. So instead of quoting the FCRA and FDCPA, you send a letter that says:

I received your letter regarding this debt and I don't think it belongs to me. Please send me more information so I can determine whether this debt is mine.

That does two things from a legal standpoint: You (a) have disputed the debt, and (b) have requested that they validate it. You did both without sounding like you knew what you were doing. They will be far less careful with you under those circumstances.

So then later they report the item to the credit reporting agency without also reporting that it is disputed. Bam. That's your first FDCPA violation and is enough to sue over. You sue in your local JP or small claims court. If you owe them less than $1000 or so, they won't fight you and will likely write you a check, absolve you of the debt and remove the item from your credit report. I know this is true because, to quote Ron White, "I've seen me do it".

43 posted on 09/27/2007 2:51:42 PM PDT by BearCub
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