| Judy 2012-10-24 13:32:42 Unknown |
I just recieved a call asking about a distant relative, David Webb telling me they were looking for him to issue a warrant for his arrest for bank fraud. VERY rude, I do not see this distant relative I have no ides where he is and told him that. He wanted to know why I was upset I advised he was rude! I Hung Up.
I have worked in the collection industry and if anybody in my office talked to someone the way he talked to me they would be fired! Not every collection agency is rude and unlawful. I worked in the industry for 32 years and never have a ran across anyone in my office this rude!
Not all "Collectors" are bad!
| ALMOST FELL FOR IT! 2012-10-04 15:02:58 Unknown |
Do not pay these scamsters a DIME, until you have written validation of the debt they are calling about!
Send this letter VIA certified mail DEMANDING validation of this alledged debt. Request a return receipt and keep copies of everything you send. If they refuse to respond to your request within five (5) days, they are in violation of Section 809 of the FDCPA (Validating Debts):
Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
VIA CERTIFIED MAIL
Dear {insert name of collector or company},
I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) because I do not believe I owe what you say I owe.
This is the first I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
I respectfully request that you provide me with the following information:
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) Provide a verification or copy of any judgment (if applicable);
(4) Proof that you are licensed to collect debts in (insert name of your state)
Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:
because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;
you cannot add interest or fees except those allowed by the original contract or state law.
you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA;
Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.
I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.
Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.
Signature here
Your Printed Name
http://www.fair-debt-collection.com/Disputing ... ute-letter.html
You can also inform them the next time they call that you are reporting them to the FTC for violation of Section 807 of the FDCPA for threatening legal action which they have NO intention of taking:
§ 807. False or misleading representations [15 USC 1962e]
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
(2) The false representation of --
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
http://www.creditinfocenter.com/legal/FDCPA.shtml#807
Stay OFF the phone and do NOT give them any of your banking information!