What to do? Collection agency saying I owe 4 times the amou
Date: Mon, 07/30/2007 - 05:46
The collection company who is collecting for this account also says I owe $1200 dollars (on a 300 dollar limit credit card) and on my credit report in June 2007 says HSBC charged off 269 dollars.
I just found out about this on Thursday night, am I still aloud to request a debt validation? Will the debt validation clarify how this amount is inflated 4 times the amount that is on my credit report? They are now calling me saying I need to give them my lawyer information as they are going to file this in court.
Hey Ryan, welcome to the forum... You can still request debt va
Hey Ryan, welcome to the forum...
You can still request debt validation from the CA to see how they came up with this amount! As far as HSBC cashing those checks i'm not sure but would imagine they owe u that money back!
I;m sure someone who knows a little more on this part will be here soon to give u some advice!
Also, sounds like a empty threat to me about contacting ur lawyer! If they were going to, and they may, sue u, they'd just do it! NO one ever told me to contact an atty or i would have and would have beat them on this default judgement! They just did it!
Good luck,
Ang
I just don't know what to do. I manage to get myself in debt an
I just don't know what to do. I manage to get myself in debt and I moved back to home so I can clear up this debt. I am half way through in clearing up 15k but this company is something else. I think they are violating collection laws as they have told my fathers friend who answered the phone on Saturday that I owed 1200 dollars and who is my attorney. Its the end of the fiscal year and they will file this in the courts. Are they a loud to tell people other then me how much I owe and what not?
What is the name of the Collection Agency? Do send them a debt v
What is the name of the Collection Agency? Do send them a debt validation letter immediately by certified return receipt mail. They are required to cease collection until they validate the debt. Here is a sample content that you can use as a template.
Your name and address
Quote:
Their name and address Attn Mr Bottom Feeder Re Acct # XXXXX Dear Mr. Feeder. I received a call (or letter) stating that I owe your company $XXX on the above account Please be advised that this is the first communication that I have had with your company regarding this matter by phone, mail or otherwise. Please be advised that pursuant to the Fair Debt Collections Act, 15 USC 1692G Section 809 that this debt is disputed and validation of this claim is required. To validate this claim I require the following: >What the original debt is for >The amount of the original debt. >How you arrived at the amount you say I owe >The interest charges applied to the original debt. >All payments received regarding this debt with the original creditor including the date and amount of each payment. This requirement was established by the case Fields vs. Wilber Law firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept. 2004 >Any penalties associated with the original debt and the reason or reasons for those charges. >Proof that any interest charged does not exceed that allowed by law in the State of xxx >Provide me with any papers that say I agreed to pay what you say I owe. >Proof that the collection agency owns the debt or has been assigned the debt. >Proof that you are licensed to collect in the State of xxx >Proof that your client is licensed to operate a payday loan business in the State of Florida. (If applicable) >Proof that your company is legally permitted by the original lender to collect that debt. Furthermore at this time I am advising you that I am not to be contacted by your firm or any of its affiliates, subsidiaries or clients by any other means other than the United States Postal Service. Also you are not permitted to contact my employer, friends, acquaintances or family regarding this matter. Also any agreement of ACH withdrawals from my account and any agreement of wage assignment are hereby revoked. If your office can and does provide all the information that I have requested I will require a minimum of thirty days from the receipt of that information to investigate its validity and to retain counsel if necessary. During this thirty day period all forms of collection must cease. Furthermore if if your offices fail to respond to this validation request within thirty days from the date of your receipt all references to this account must be deleted from my credit file and a copy of such deletion request be forwarded to me immediately. |
That is a violation of the Fair Debt Collection Practices Act to
That is a violation of the Fair Debt Collection Practices Act to reveal that info to anyone. You can sue them for that. I would include your intent to do so in the letter you send to them.
Quote:
b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. |
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Great advice from frog and yes it IS illegal to disclose any suc
Great advice from frog and yes it IS illegal to disclose any such information to third parties so make sure to put that in ur debt validation letter also!
Good luck and if u have any questions plz feel free to ask!
Ang
But would this have to be recorded in order to prove they disclo
But would this have to be recorded in order to prove they disclosed this to anyone? Wouldn't this basically be my word vs their word? With the d.v. letter, would they have to cease collections since they probably bought this over two years ago and past the thirty days? I just found out they owned the account a few days ago also. When I send out my d.v. letter should I add Intent to sue since your employee
This collection agency is name Midpoint Management Group based in New York I believe. I don't have an address, would anyone have one by any chance?
I will call them tonight to figure how they came up with this balance. If I can not resolve this, should I bring in the attorney general into this then? Or should I wait for the d.v. letter in the mail?
Well first things first Ryan... I would NOT call them at all. C
Well first things first Ryan... I would NOT call them at all. Cease all communications by phone only thru USPS!!
Work on ur dv letter as frog showed u and get that sent out ASAP with return reciept, make sure to do this cuz they will say they never got it!
I'd also tell them that they gave out ur information to a third party with the law stated as above!
Good Luck and keep asking questions if u have any,
Ang
Should I also send this letter out certified with a return recei
Should I also send this letter out certified with a return receipt or is a return receipt good enough?
Thanks
Do certified with return receipt. It's about 6 bux! But is very
Do certified with return receipt. It's about 6 bux! But is very important part!
Good Luck,
Ang
Documentation is everything. In the case of you father. It is hi
Documentation is everything. In the case of you father. It is his word against theirs. That makes it a little different. He will have a record of the incoming call.