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 Posted: Tue Apr 17, 2007 10:52 pm |
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Tate & Kirlin has called our house several times. Usually it would be a hangup call with no message on the answering machine, 2 messages were for a "C. Hugs", which is not my or my husband's name.
I called the number back once and received no answer, ultimately forgetting about it as it's so long in between their phone calls. Tried again today (Apr 17, '07), finally spoke to someone, who asked if this was the (my maiden name) household. I told him that was my maiden name. I was then told that I owe AT&T $787 from an acct w/them from Sept 3, '97- Apr '98, which would have been during our being stationed in HI, however, we didn't even have an address there yet, much less a phone, when this account was supposedly opened on Sept 3, 1997. I told him I've NEVER had an acct under maiden name since marriage and phone bills have ALWAYS been listed under husband's name, not mine! He proceeded to tell me notices were sent to some address I've never lived at. I told him we never lived on that street in Hawaii, and he then wanted to confirm my social (he had it, so why then did he not know my whereabouts now to send a notice? It's on my credit report!) He also claimed they have attempted trying a phone # that apparently was out of service.
As I tried telling him I wanted AT&T to send copies of the bill, and was told that "see, the deal is that once those bills are sent as evidence, you are responsible for the entire amount", and basically told me there would be no negotiations after that. I let him know that "there was no way I'd make payments on an acct I didn't believe to be legit just because they call me 10 yrs later claiming that I owe it."
I told him I didn't owe that much in all of our phone bills combined during our time in HI (he said late fees/interest, I claim "not my fault you all unsucessfully attempted for years to contact me"). I told him I'd speak to my husband, but I didn't think I owed and if so, it certainly wouldn't be that much. He then snidely said "Well then, how much, Teresa, do you believe you owe?" I replied "that could be answered at the descretion of my lawyer, but I don't believe I owe anything".... something to that effect, but very close.
He started yelling over me at which time I terminated the call. He immediately called back and I simply said "you can call 20 times but it won't change anything until I see the bill from AT&T." He (at this point, very, very rudely) said, "Well Teresa, exactly WHERE did you expect me to send the copies to?" I told him "you have my information, run a credit check on me and find me".
Yes, he got the better of me. Yes, I'm guessing it might bite me in the butt here. But I promise on the Holy Bible I don't owe AT&T a dime! Even after moving each time w/military, we always left a forwarding address w/the post office also. I told my husband after picking him up at work. He knows as well as I do our final bills from each duty station were PAID! My husband has been retired since mid-2002 and we've been in Oklahoma since. I recently pulled my CR and saw no mention of this debt there either, so although they claim I owe, they didn't report?
Do I have any protection here at all? I honestly don't want this to turn into something in which I'll spend forever trying to prove my innocence!
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TPlantz
Joined: 17 Apr 2007
Posts: 4
Debtcc Points: 220
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| Posted: Wed Apr 18, 2007 7:04 am |
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You have rights under the FDCPA. The first thing you need to do is send a debt validation letter and take it from there. I'd suggest getting together information from when you lived in Hawaii, as proof that you didn't live at the address where the debt was incurred. You need proof that the debt is yours. If the debt isn't yours, you'll need to prove that.
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sswett
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| Posted: Wed Apr 18, 2007 7:41 am |
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It is their responsibility to prove that this debt is legitamitly yours....Not the other way around!
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Leah
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| Posted: Wed Apr 18, 2007 7:50 am |
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If its in her name, with her social, it kind of points the finger at her. If I were her, I'd be doing my homework, in case they become lazy, as it appears they are.
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sswett
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| Posted: Wed Apr 18, 2007 7:54 am |
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I would also run your credit report. These "Law Offices" automatically assume they have found the right person, when they get a bingo on their search results. Usually, they'll run just the names, and then find someone who had the name, but got married, and so fourth, and so on.
But sswett is right, under Act 15 USC 1692g Sec. 809, you have a right to request validation, and dispute the charges. If the "law offices" is unable to provide proof, they must remove the degrogatory remarks from your credit file. if they fail to do so, you can file suit! If you run into any trouble, consult with an attorney for advice. Some attorneys will provide free information over the phone to lead you in the right direction.
Remember to document your contact with the collection company!
-Mike
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Teleport
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| Posted: Wed Apr 18, 2007 12:25 pm |
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The bill collectors always try to intimidate the innocent people and make them pay. When you are so sure that you never had any dues with AT&T, why are you ready to pay anything if this CA scares you?
What state are you in? You should think about recording the phone calls and track down their FDCPA violations. Make sure that you know the laws on recording in your state. In some states, you need to have permission from the CA before recording. In other states, you can do the recording secretly. The list of states are mentioned here.
http://www.debtconsolidationcare.com/record/
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orake
Joined: 20 Jul 2006
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| Posted: Wed Apr 18, 2007 8:14 pm |
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I am in OK, this supposed acct was from our military assignment in HI.
I ran a credit report August 9,2006 which I looked at again today. No mention of AT&T OR a collection agency on their behalf. So I ran my report again today to get the absolute most up-to-date report... still no mention of either. (Also joined credit monitoring).
Is this guy's phone call the only notification I'm entitled to? He never said I had time to dispute, never gave me their address, nothing to that effect. Should I wait until I get something in writing?
How do I know this isn't some scammer? Anyone could say what he said over the phone to try to scam money! If so, I don't want to encourage them to think that they have me scared, only to be harrassed further.
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| Posted: Wed Apr 18, 2007 8:24 pm |
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BTW, if I do need to send a letter now (still unsure of the validation vs. c&d - what would be needed for this), do I only have so long to get that to them?
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| Posted: Thu Apr 19, 2007 5:29 am |
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Next time the thug calls, ask him for the mailing address and then send a letter return receipt requested and demand that they send you proof of the debt. Could be from your account but due to AT&T billing errors.
Get proof and if you don't owe it, send another letter return receipt requested and tell them to bug off.
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cajunbulldog
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