Mary
Welcome to the forums! Because this collection agency "owns" the account, you're going to have hard times with them. You first need to call the original creditor and find out if they legally own the account. Also make them aware of the agencies tactics in recovery.
Second, send the collection a validation letter, asking to be sent full details on the account. You can even ask for licensing information to find out if they are even allowed to collect period.
Third, since they violdated your rights by devulging information about your payday loan to someone other than you, you're entitled to filing a complaint. You should file these complaints with the BBB, and your attorney general.
Below you will find a sample letter you can follow to mail out to them. Send it certified with signature return. You may also wish to include a copy of the complaint you made.
Quote:
Date: Thursday, January 26, 2006
Re: Acct # xxxxxxxxx
To Whom It May Concern:
This letter is being sent to you in response to a tellphone called made to a family member on January 24, 2006. 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 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.
Best Regards,
Test
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Hope this information helps.
Regards-
Mike
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