Replies

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.