Quote:
Originally Posted by romanycus
there's no "no commitment" as of yet, and yes, 400 less than 600...
mikefrombg, can you share couple things how to deal with collection agencies plz? i'm wondering. and preparing myself to battle with them, so it would help me.... thanx!
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Sure man,
The first fight I had with collection agency was for some $120 from AOL. I spent very long time in forums and searching in the web for more info about what are my rights as a consumer. Especially when we are talking about rip off like AOL..in fact I never used AOL. 3 years before I got this letter, I tried the "free" dial up cd that they used to flood ppl's mail. So here it is
In cases when you receive a collection agency letter you need to respond in less than 30 days from the mail stamp date on it. The formal name of that letter is "validation letter"
It is pretty standard letter I always use.
If you want to use it as well here is a link where I uploaded it:
http://uscmiami.com/documents/validation_letter.doc
You need to send the letter with certified USPS mail.
Keep in mind that whatever mail you receive is not really serious unless it is certified, because this is the only legal way to prove the date when it was sent or received.
Once you send it if the amount is relatively small, the collector will not waste the time to provide you with all the things you requested (your right by low).
Now my logic is that if he even replies to you but the letter is not certified or the list of the information you requested is not complete, its all over.
So far I have had like 5 Collection agencies from 50 to 1500$ and none of them responded. The last one responded only with copy of old voip phone service bill which I really didn't pay
) for ~$250, but nothing else. On the top of it he didn't certified his mail and he has no prove that he sent the requested documents (uncompleted) on time.
Oh, and also don't ever talk on the phone with collection agents, communication must remain only via mail!
Hope this will help you or whoever need it.
Here is the letter again (change names, addresses and dates and you are good to go):
*MY NAME*
*MY ADDRESS*
*Collection Agency address /usually PO box/*
Date: 6-17-2008
Re: DCG582 Validation Notification
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on May 28, 2008. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Provide a verification or copy of any judgment if applicable;
• Identify the original creditor;
• Prove the Statute of Limitations has not expired on this account
• Show me that you are licensed to collect in my state
• Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Best Regards,
*Your Name*
07-13-2008, 08:20 AM
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