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Old debt

Date: Wed, 02/06/2008 - 10:52

Submitted by anonymous
on Wed, 02/06/2008 - 10:52

Posts: 202330 Credits: [Donate]

Total Replies: 6


I just received a letter from a collection agency for $424. Here's some background. I believe this is an old department store credit card that I thought I paid off in Sept 2005 when the balance was $57. We had just sold our house and paid off all our debt with the equity. It's now been two years and I'm just being notified of this debt. The problem is, it's not the same department store now. They were bought out by Macy's and I'm sure Macy's sold all the past due collections stuff for pennies on the dollar to this collection agency. The account number provided does not match the account number that I believe this debt is. I spoke with someone who advised me that it's within my rights to ask for the original acct name, number and charges. Here is the letter that I drafted. Could someone please tell me if it's worded correctly?

Here's the letter

I have spoken to an attorney about my legal rights regarding this account.
Together we have concluded that the information you mailed me is not sufficient enough to tie me to this account.
If this is indeed a debt I owe, it is my right to be supplied with the original account name,
original account number and a copy of the original bill with the charges in question,
as well as any interest that has accrued on the account.
Until you are able to furnish me with the previously mentioned information it is within my rights to ask that you have no further contact with me.


You want to word it a little more like a debt validation letter, because that is basically what you are trying to do. You also want to ask for:

Proof they own this account
Original signed contract showing your obligations
A complete breakdown of all monies owed, what computations were used and if they are in fact legal

This is besides for the statesments

You also want to add in a limited cease & desist...tell them you will accept no phone calls, that they must contact you via mail only. Otherwise they might simply try to sue you if you give them no other option of contacting you, but they can't legally sue until they FULLY validate. Don't accept any partials, you need everything.


lrhall41

Submitted by goldenbast on Wed, 02/06/2008 - 10:57

( Posts: 2884 | Credits: )


They have to give your the documentation from the company that opened the account. Not whoever bought it, not the debt buyer who bought it. You don't have to give away any information. You use your name, the account number they supplied you with, the amount they say you owe. That is all they need in the letter. The rest is asking for the validation.

Look in the do it yourself section, there are many letter templates, you use one that soudns good and tailor it to your individual use. You may also want to check your state laws on debt collection, some states are more consumer friendly then others. For example I quite my state of Texas' debt collection laws and I sue in my own court for violations of state laws, I don't even touch federal violations.

You may be able to do the same, but no matter what, you by law have the right to debt validation and the company can't collect from you until they provide it.


lrhall41

Submitted by goldenbast on Wed, 02/06/2008 - 12:13

( Posts: 2884 | Credits: )