wrongful debt collection
Date: Mon, 10/16/2006 - 22:21
Yes, respond with a debt validation letter. allied interstate is
Yes, respond with a debt validation letter. allied interstate is know for their slimey and illegal tactics. They can get nasty with their calls, if you have never had accounts with these companies keep reinforcing that fact, and I would also send them a cease and desist letter stating they are no longer to contact you by phone at home or at work and add that these are NOT your accounts. Good luck. This company is ruthless and lie! They have had so many complaints, try filing a complaint with your AGs office against thema s well, I'm sure there is a long list of complaints with the AG's office against this company.
Definitely respond to them. I had this happened with Verizon an
Definitely respond to them. I had this happened with Verizon and it was on my credit report. I have never had a Verizon cell phone either. I called them and they asked me a bunch of questions and figured out it wasn't my account, so they took it off my credit and sent me a letter.
Debt that is not mine!!!!
My Husband and I have been plegged with calls from a Marissa Wagner, a Steve and another lady who said she got our phone number from the phone Directory. Wagner from 1st Source Advantage, claims I owe $5,889.00. When requesting information such as dates, Signatures, Stores etc., they hang up. The harassment is a constant daily abuse.
Although they wont say, one lady mentioned (Capital One) and I did a search on Maria Archuleta's and I came up with 35 different Maria Archuletas!!! Be assured that I never received any statements or notices whatsoever and I do not owe this debt. Marissa Wagner-ph. is 888-274-6488 and the other lady's ph is 888-580-7675. I want advice on stopping this harrassment of phone calls wanting information about me, but will not disclose information I request. Your advise is appreciated. Maria
Do you believe you are a victim of ID Theft? Go to www.ftc.gov
Do you believe you are a victim of ID Theft? Go to www.ftc.gov and follow the steps under the IDT section.
First source Advantage
Be advised that my wife Maria and I have been harrassed for several days claiming that she owes $5,889.00. I have attempted to discuss what the debt is for, they refuse to talk to me. In our household I pay the bills, and the only credit card she has is my credit union card. Two people have left messages in our answering mashine with no names and one from a "Marissa Wagner" who represents (First Source Advantage) a collection agency, which I consider to be a rip-off business; I say this because they will not send any information by mail as to what,where,when and by whom,
Signatures etc.etc. They will not send any information because then they can be sued. so they harrass our home by phone calls just when one seats down to eat as if they are watching your daily activities. I am going to keep digging and find out what I can do to file a law suit for fraudulant accusations and for harrassing us. It gets pretty bad when one has to turn on your computer on the Internet so the unwanted calls don't come in...
Send them a C&D letter advising them to stop all calls!
Send them a C&D letter advising them to stop all calls!
i have a problem. the people from firstsource advantage called
i have a problem.
the people from firstsource advantage called me to tell me that i have a debt over $3000 and i already called the bank directly to try to agree on somethig and pay what is owe. they keep calling and telling me that they gonna "destroy" my credit because i wont pay them directly instead.
what can i do ?
OK, this will be basically applicable to all of you. First thi
OK, this will be basically applicable to all of you.
First thing you do is STOP talking on the phone to these people. When they call, identify yourself, get the identity of their company, and say "thanks for calling, you now have 5 days in accordance with the FDCPA to send out the initial dunning letter. We'll talk more once I receive that letter. Good day." and GET OFF THE PHONE. There is only one good reason to stay on the phone with them and that is if youre recording them breaking the law. More on that in a minute.
Now, that letter is required by federal law. They have 5 days from initial communication to provide it to you. This letter will tell you the basic info about the debt they are collecting--how much, who it is owed to, etc etc. More importantly than that, this letter advises you of your rights under federal law. They dont send these letters because they dont want to tell you what you have the right to demand from them.
So, if they dont send the letter, thats an FDCPA violation. If they do send it, my next step would be to check and see what the phone recording laws are in my state, and if I am in a "one-party state", then I would go to radio shack, buy the telephone tape recorder....hook it up and call them. In a one-party state you do not need to even tell them youre recording the call. So, I call them, and if I dispute their claims, I tell them that the debt is hereby disputed. I ask them "is the address on the letter you sent me the proper address to receive my debt validation demand?" Once I confirm that I have the right address, I end the call--Unless, of course, the person on the phone has been breaking the law left and right. In that case, who am I to stop them?? So I would continue the call, and keep recording them violating federal law!
If you dont live in a one-party state, you normally will need to advise the person on the phone that "this call may be recorded, by continuing the call you are consenting to that recording." there is one exception there--many debt collectors havae a pre-recorded greeting when you call that says "this call may be monitored or recorded". At that point, I do not tell them a word about recording the call--why would I have to? THEY just told ME that the call might be recorded--so how could they tell a judge in court "hey, we didnt want that call recorded" when they just told YOU on the call that the call may be recorded??? They would look pretty ignorant...
Alright, so now it is time to send out your debt validation letter. This is basically you telling them in writing something like this:
Quote:
In accordance with the Fair Debt Collection Practices Act, I am hereby informing you that this debt is disputed, and hereby request that you provide proper written validation of this debt. This is not a request for VERIFICATION, but VALIDATION pursuant to section 809 of the FDCPA. |
There's a sample DV letter in the do-it-yourself section of this forum as well. this letter is to be sent out ONLY via certified mail, return receipt, so that you wil have proof that you sent it and when they received it.
OK, now, once they get that letter, the FDCPA prohibits them from taking ANY collection effort whatsoever until such time that they get the validation from the original creditor and send it to you. ONLY THEN are they allowed to continue collection calls, letters demanding payment, reporting on your credit reports, etc etc etc. If no letter comes, and they keep calling you anyways, youve got them on another FDCPA violation. Once you get to that point, if they are still bugging you, post an update here and we will continue. If they stop bugging you, post here as well.