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Debt Collection Questions

Date: Sat, 11/03/2007 - 01:50

Submitted by anonymous
on Sat, 11/03/2007 - 01:50

Posts: 202330 Credits: [Donate]

Total Replies: 13


Recently my wife answered the phone and it was a company called Asset Acceptance, they asked if I lived there and my wife replied yes. They told her they were looking for me for an old debt that I had from 1988. They told her that I had purchased a camera for $1500.00 and that I needed to pay this amount. My wife asked if they could send more information so could see if I actually owed this or not.
They sent me a verification letter a few days later, in the letter it stated that it was $1000.00 that was owed, it had the original creditor listed as Castle Credit, but it did not say what was purchased. It also said that the last activity date was 1/1/90.
After receiving the letter I started researching the laws about debt collection,(I live in Illinois), from what I have read it seems like it is against the law to tell anyone about a debt or the amount that is owed except for the person that owes the money.
Also it looks like the statute of limitations may have run out on this. The information I have read says that I have 30 days to respond to the verification letter, and that if I don't respond it is assumed I owe the debt, it goes on to say that the collection agency has to put that information(about the 30 days) in the letter, but this letter does not say that.
My question is this, since I have absolutley no idea what this debt is, I have never bought a camera and because they did not talk to me and I did not request the verification letter do I still only have 30 days to respond?
I do not wish to contact them I don't have to. Also, did the statute of limitations run out? I looked at an old credit report I had from when we refinanced our house back in 2001, and it does have Castle Credit on it, it says the last activity date was 1996. Does that matter?
I have no idea what to do about this situation any help would greatly appreciated.


They violated the Fair Debt Collection Practices Act (fdcpa) and here is how: They may not discuss with any 3rd party that you have a debt or any details of that debt (including your wife). They did not provide the necessary information in the dunning letter they sent you, that letter is required to contain:
???? 1692 g(a)(1) Must state Amount of Debt
???? 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed
???? 1692 g(a)(3) Must state Right to Dispute within 30 Days
???? 1692 g(a)(4) Must state Right to Have Verification/Judgment Mailed to Consumer
???? 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current Creditor

Also since it is a debt from 1990 it is outside the statutes of limitation (it's been 17 years) also when they had listed it as 1996 on your credit report it appears they have reaged the account (which is illegal) they do that so that it stays on your credit report longer and it also would (illegally) extend the SOL. Send them a debt validation letter (you can find a good one in my signature line) Since they have sent the dunning letter you do have 30 days, send the letter certified mail, return receipt requested. When you receive the signature card back in the mail save it because it is your proof that you mailed it and they received it. Once they receive it they must cease collection activity until they provide validation.


lrhall41

Submitted by JCEMT on Sat, 11/03/2007 - 07:18

( Posts: 2934 | Credits: )


Does anyone know where I can find a pre-written C&D letter or a form letter online? I have found other letters like validation etc. I would hate to try to write one myself and screw something up. Or can you explain what to write in it.
Also one letter I found said not to sign it, is that good practice? Another one said to sign it. This stuff is quite confusing.
Thanks in Advance


lrhall41

Submitted by on Sun, 11/04/2007 - 17:28

( Posts: | Credits: )


I found this on here:

Quote:

You can legally stop all the harassing phone calls from the collection agencies. Please send this letter through certified mail with return receipt requested. You should keep a copy of this letter for your records. This letter can be sent to any debt collection agency as well as the attorney who collect two or more debts per year.

Once they receive your letter, they are required to stop all the communications except to notify you about the actions that will be taken against you. Use this letter as your consumer rights are outlined in the FDCPA law.

Your Name
Your Address
City, State, Zip

(Sent via CERTIFIED RETURN MAIL #123 456 789 with RETURN RECEIPT)

Date:
*** Collection Agency/Law Firm
**** Main Street, #100
City Name, USA 10021

Re: File #0000000 - ABC Lenders- #************
-For: $6655.55

Dear Debt Collector /Debt Collector Attorney:

This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above.

If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association.

I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant.

You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.

Sincerely,

Your name

Hope this helps,
Ang


lrhall41

Submitted by Ang on Sun, 11/04/2007 - 18:43

( Posts: 2306 | Credits: )