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Legal question?

Date: Mon, 10/22/2007 - 06:15

Submitted by anonymous
on Mon, 10/22/2007 - 06:15

Posts: 202330 Credits: [Donate]

Total Replies: 45


A debt collector has recently called my Grandmother and gave her the exact amount that was owed to them. Is this legal?

1) I am 24 years old and not under the age of 18.

2) My grandmother never has been or has never said that she was my legal gaurdian.

So my question is, was it legal for this person to give my personal information out like that??


Graham Beagle and Assoc? Sometimes they go by Graham Noble? And the guys name who called was Paul something (I read through a posting on this website about this CA and his name was listed as one of the men who called but I cant remember what it was).

I dont have the money for a lawyer, I just wanted to know if it was legal or not lol.


lrhall41

Submitted by on Mon, 10/22/2007 - 06:32

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My poor Granmother called me having a nervous breakdown becuase some guy told her how much money I owed them.

I asked the lady when I called back and she said "Well, mayb its because your grandmother prodded it out of him".

Prodded or not..... it shouldnt have been done.


lrhall41

Submitted by on Mon, 10/22/2007 - 06:39

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Thank you. I just thought it seemed fishy and wanted another opinion.

When i called him back i told him how much I could pay and he tried to refuse my payment.

I called back later and got a very nice lady who accepted the terms I could afford.

Go figure, someone who wanted my money. *shrug*


lrhall41

Submitted by on Mon, 10/22/2007 - 06:47

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I think you should still request to get the pay agreement in writing, that way you have proof of the agreement in case something should pop up in the future. Speaking of which, once you get this debt paid off see if they they will send you a paid in full letter afterwards in case it the debt should pop back up later.


lrhall41

Submitted by JCEMT on Mon, 10/22/2007 - 07:42

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They cannot give info to third parties.


So you know for sure this is your debt, the amount is correct, and they are legally able to collect this? If not, send them a debt validation letter. Alot of sleazy collection agencies purchase debts that are out of the SOL,or they aren't able to collect on.

IF you know all of this is correct and you made arrangements, make sure they send you something in writing before you send them money. Also do not give them your bank info-send them a money order.

I have dealt with many collection agnencies, some of them legit, some not- you have to be carefull!!If you have questions, please ask.karen :D


lrhall41

Submitted by Bossy4455 on Mon, 10/22/2007 - 09:43

( Posts: 5854 | Credits: )


Karen,

If you would help me, just with some questions I would appreciate it greatly.

My Email is sb Email removed for your safety..Bossy4455

Im so lost with all of this and I dont want to get screwed over by this company.

Like I said before, I have read (there is a LONG forum on here) that this place is shady.

Any information would be greatly appreciated! :)

Thanks in advance


lrhall41

Submitted by on Mon, 10/22/2007 - 10:14

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SB8- I removed your email for your safety!

You need to send this place a debt validation letter to begin with and go from there. They have to prove that this is your debt, the amount is correct, and that they are suppossed to be collecting on it.

Jcemt is right- you want to get this in writing- if you owe the debt, before you do anything.

Keep notes on when they called your family and what was said, and anything else that comes up! Good luck--karen


lrhall41

Submitted by Bossy4455 on Mon, 10/22/2007 - 10:26

( Posts: 5854 | Credits: )


I just dont know what to do. I have contacted them and told them I would try and send them a very small amout, but now people are saying stuff about SOL's and this that and the other.

Im just confused. This is a debt from 2002 and if I read the website with the SOL's properly Florida has a 4 year SOL and then what does that mean?

Should I ask for a letter? I read on the other part about GRaham Beagle and ASSOC that they are bullies and while one of the dealings I had with a man there was awful, the lady I spoke with seemed nice.

Is it possible that this debt is no longer current and these people are trying to collect something for their benefit only? What is an uncurrent debt?

Im confused and I hate bothering people, I just dont want to get swidled. I want to my debt but ONLY my debt.

These people tried to tell me that my debt was 6,000 dollars more than it was originally.

I am not exactly sure of this amount becuase the credit card was "used" by an ex boyfriend of mine and I was stupid and young and didn't press charges at the time (Durn wish I would have now!)


lrhall41

Submitted by on Mon, 10/22/2007 - 10:55

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Send thenm a DV letter, asking them who the original creditor is, how they arrive at the figure they say you owe, their licensae #, ETc. These people are junk debt buyers. They buy old debts for pennies on the dollare and try to make money from them. it is the CA's responsibility to validate the debt


lrhall41

Submitted by kashzan on Mon, 10/22/2007 - 10:58

( Posts: 5401 | Credits: )


Here is a great Dv letter for you to send . You can tweak it to fit your circumstance.

Quote:

Quote:
(Your name)
(Your address

Collection company name
Company address

(Date)

Re: Acct# 00000000

To whom it may concern:


This letter is being sent to you in response to a notice sent to me on March 8th, 2050. Please 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 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:

1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. 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 Bureaus (Equifax, Experion 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:

1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated

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 listing of any information to 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.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Thank you,

Signature


lrhall41

Submitted by kashzan on Mon, 10/22/2007 - 11:26

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Sb- I didn't mean for you to feel bad about asking quetions- on the contrary- ask as much as you need to. What I did was remove you email addy for your protection,nothing more.

It sounds like the debt may be out of the SOL-that's why it is important to get the DV letter sent ASAP.

If they respond- many do not because they have no proof it is yours, it is out of the SOL, etc., you can go from there.

I would get the DV letter out, not take their phone calls, it will only upset you, and once they receive the DV letter, they are supposed to stop trying to collect from you, until the validate.

If you find out it is your debt, it's not out of the SOL, and they have the correct amount, and they are legally able to collect-you can go from there. But get the DV letter off and see what happens--Good Luck..karen :D


lrhall41

Submitted by Bossy4455 on Mon, 10/22/2007 - 13:01

( Posts: 5854 | Credits: )


Hey SB8. Don't for one moment feel you are bothering anyone. Everyone here has been where you are now and we all will try to help you out! I myself have just recently started on all this and have learned a tremendous amount of information here!

You should read up on the FCRA (Fair Credit Reporting Act) and fdcpa (Fair Debt Collection Practices Act). Those list the laws dealing with what a CA can and can't do as well as listing your rights!

You should also read up on the laws of the state you are living in now, some states have specific laws dealing with debt.

If they validate (make sure they validate fully, something signed, account statements, etc) because if they are trying to gouge extra money out of you, there are protections against that! They have to prove that the debt is yours, that they have the right to collect , and that the amount they say you owe (vs the amount on the statement) they are legally able to charge you that extra amount.

When and if they provide all that, then send them a payment arrangement that YOU can afford and is reasonable, make them send back a signed agreement before you send them one single penny.

But especially check the SOL of where you live now (some states have laws where you can use your current state sol regardless of where the debt was from)

Do alot of reading here about the process of debt validation and even google it (I did). It takes some time, but you will sleep better, trust me!


lrhall41

Submitted by goldenbast on Mon, 10/22/2007 - 13:12

( Posts: 2884 | Credits: )


JCEMT: Kash did :D


Quote:

Send thenm a DV letter, asking them who the original creditor is, how they arrive at the figure they say you owe, their licensae #, ETc. These people are junk debt buyers. They buy old debts for pennies on the dollare and try to make money from them. it is the CA's responsibility to validate the debt


:lol: :lol: :lol:


lrhall41

Submitted by goldenbast on Mon, 10/22/2007 - 13:18

( Posts: 2884 | Credits: )


I completely agree with jcemt - if you get an agreement to pay, get that agreement mailed to you. How quickly that offer will be null and void if you don't get it in writing.

Send the debt validation if you are unsure of the creditor and the amount. If you are positive they are correct, you could just be wasting time.


lrhall41

Submitted by jedijeff13 on Mon, 10/22/2007 - 13:34

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I mean, I know I owe the creditor SOMETHING but im just not sure it is the LARGE amount more that they claim it is.

Like I said, I am all for paying my debt but I dont want to pay six grand more than I have to! :)

I typed and sent a DV letter this afternoon (went out on today's mail) so they have 30 days to respomd? And if it isnt recieved in 30 just do what? lol im kinda clueless sorry.


lrhall41

Submitted by on Mon, 10/22/2007 - 13:42

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