Debt collector sending invalid debts
Date: Wed, 07/20/2005 - 15:26
I now have the UPS sending me letters for a package that was already paid for by the sender over 5 months ago. They first sent me a bill for $87, not for $53. I never signed anything and the delivery women never mentioned any outstanding bill.
Re: How can I owe when I did not sign anything?
[quote=Therewsa Stump]Both my mother and I are having the same problem: she has the same bill collector call her almost everyday at all hours about a 15 year debt for a student loan which she did not sign any documentation for or agree to pay them back anything.
I now have the UPS sending me letters for a package that was already paid for by the sender over 5 months ago. They first sent me a bill for $87, today I received one for $53. I never signed anything and the delivery women never mentioned any outstanding bill.[/quote]
Sorry. I realized I typed to fast and it did not make much sense.
Hi Theresa Stump
Hi Theresa Stump
Welcome to the forums. Before you enter into any payment plan with your debt collector, it is necessary to get proper details of your account. You can pull your latest credit report from the three bureaus and compare the accounts in each of them.
You can also ask your collectors to validate your account as well as your mother's account through the debt validation weapon as per the fdcpa law.
http://www.debtconsolidationcare.com/validation.html
They need to provide the following details of your accounts before they make a claim from you.
- The details of the account.
- All the calculation should be shown of the amount that is owed.
- Any copies of the papers to be furnished that shows the payment agreement.
- Provide a verification or copy of any judgment if applicable
- The original creditor needs to be identified.
- The Statute of Limitation needs to be proven for the collection of the debt.
- The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
- Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
- Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
- A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.
If they are unable to furnish the following details, it will be evident that your mother's along with your account were falsely represented.
You can then file a case against them on charges of harassment and false representation of the accounts.
Most probably, you will reach at a positive end soon.
Regards
Roxette
"Any copies of the papers to be furnished that shows the payment
"Any copies of the papers to be furnished that shows the payment agreement."
Does this apply to Canada? If so, then neither should be able to contact either one of us on any debts.
These guidelines have been issued in regards to the debts origin
These guidelines have been issued in regards to the debts originated in the United States. They are according to the fdcpa laws from the Federal Trade Commission.
You can consult your local attorney and check the state laws prevalent in your area.
The Canada Government site is a maze and I have been unable to f
The Canada Government site is a maze and I have been unable to find any debt forums for canada on yahoo or google. Thank you anyway as I am sure things are pretty simular.
Yes, most of the rules in United States and Canada are similar.
Yes, most of the rules in United States and Canada are similar. However, if you face any problem, I will be glad to assist you further.