Allied Interstate no letters, but keep calling
Date: Wed, 12/31/2008 - 01:36
Starting 6 months ago, AI then started calling me almost daily, up to 4 times a day, but NEVER left a single voicemail message. I have received no collection letters. I checked my Credit Report last week and nothing.
After reading here I figured that this is somehow Zombie debt, so I decided to answer the call last week. An Asian woman told me I owe them $$$ for a Columbia House contract I never ordered back in April of 2007.
They have my old address as XXX Main St, but no apartment number. There are 600 units there. I told her that and she then says, "So how would you like to pay for this debt?"
I laughed and asked her why I would ever pay a debt that is not mine? She said because they “would ruin my credit score.â€Â
I told her to tell me what my apartment number is and of course she could not. Amazingly, she said she would send the debt back to Columbia House. This was last week.
The calls have started again this morning. I don’t plan on answering again.
My question is, seeing they have not even sent me any collection letters, can I even send them a credit validation request, or should I even send them one, even if I can? I don’t want to divulge my new address and no longer live in that state. How they got my unlisted cell troubles me as well.
Depends on how much information they have on you. You should ca
Depends on how much information they have on you. You should call them back and have them verify your information. Ask them to give you the last 4 digits of your social and see what they say.
I know that some companies have been able to place information on a credit report with just a name..not sure how they get away with this, but it has happened (why some people will have something on the credit report, then go and find out the company has the totally wrong social..just the same name).
It could end up on your report anyhow and I guess it is just up to you on if you want to wait and see, or go through the DV process with them. You could send them a DV with your correct addy, and if they report it you got them for doing so under a DV request.
"Under the FDCPA, you can dispute and send a debt validation req
"Under the FDCPA, you can dispute and send a debt validation request with in 30 days of receiving your first WRITTEN NOTICE by the CA. "
So according to this, I cannot write a DV letter to AI until I get some written notice from the CA, which I have not gotten in 6 months.
So either I wait until they figure out my new address -OR- I answer AI's next call and give them my current address?
I also can check then about the last 4 digits before giving out any addy info.
Seeing they don't have a complete address, I would think the likelihood of them having my SS# is slim. If this is the case, then what would you all suggest?
Well, by the same laws they have to send you a notice within fiv
Well, by the same laws they have to send you a notice within five days of first contact, so you could call them, verify your information and give them a current addy. They then have five days to send you a notice, including the 30 day notice and then you can ask for validation.
something else--you said they are calling your cell phone. not
something else--you said they are calling your cell phone. not sure what kind of plan youre on, but as far as I recall it can be illegal for them to call your cell phone. The FDCPA prohibits them from using any method of communication while trying to collect a debt that will cost you money, and if youre paying for those minutes that they are using up when they call, then that's a no-no.
I also wouldnt worry too much about giving them your current address--In fact, I would document that you have given it to them. Send them a certified debt validation letter with your address clear as day on the bottom. you see, if they decided to take action against you, such as filing a lawsuit, by documenting that you provided your current address to them now, you will be able to prove to a court later that they knew where to find you. In this case, i worry about them trying to sneak a default judgment past you by filing a lawsuit for some outrageous amount, and then having you 'served' at your old address.
1--they know they wont find you there, but they will still be able to tell the court that they made every attempt.
2--the court case cannot proceed until they can show the judge that they tried "in good faith" to serve the summons.
Once they show the judge that they tried, they will then move for summary judgment against you, and they wont even have to prove anything about the debt! they could claim you owe $10,000 for a columbia house account, and the court wont even question their claim because that is your job as the defendant to do so.
To me, thats just covering your back side. they have already been dishonest to you up to this point more than once, I would not take a chance. Also, it seems like more and more CA's are filing suits and trying to get those default judgments lately. i wouldnt take the chance.
AI contacted me once about something just like this, a BMG music account i think it was. Same basic idea as columbia house. i never had such an account. I demanded validation in writing. They never contacted me again. At that time, they claimed I owed something like $120. that was back some years ago. Last year, I got a letter from Island group in NY, demanding that I pay over $800 for the same debt. The amounts can go up like crazy and if youre not in court to force them to prove it, the judge wont do it on your behalf.