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hall and associates

Date: Wed, 02/04/2009 - 06:21

Submitted by anonymous
on Wed, 02/04/2009 - 06:21

Posts: 202330 Credits: [Donate]

Total Replies: 12


I have been getting letters from these people for about a month now. They say I have written a check to someone I have never written one to. The account #s are different everytime as well as the amounts, but the name of the company the check was supposedly written to has never changed. I need some advice on how to handle this. I am can't call because it is a long distance phone number. If it is something I owe, I want to take care of it, but don't want to be scamed either. Any help would be appreciated.


demand something in writing.if they refuse then i wouldn't talk to them until they do.they sound like a bottomfeeder.


lrhall41

Submitted by paulmergel on Wed, 02/04/2009 - 06:31

( Posts: 15514 | Credits: )


ok. Do I send them a DVL or what? If it comes out that I do owe this, am I obligated to pay their fee? If it is true, they are charging an outrageous fee. Thanks for all help!!


lrhall41

Submitted by on Thu, 02/05/2009 - 05:39

( Posts: | Credits: )


send them a DV AND C&D letters.send them certified mail return receipt.i wouldn't worry about them validating until they do it.just send the letters and wait.also do not engage them.it is a waste of time.


lrhall41

Submitted by paulmergel on Thu, 02/05/2009 - 05:54

( Posts: 15514 | Credits: )


Ok. what really bothers me is they say its to a company I never wrote a check to. They got it from Checkcare and I did have one with them, but paid it. I called checkcare and they don't have any record of any accounts for me, which they said if they once did, it may be with Hall and Assoc. now. But again, never wrote a check to the company they are saying I did. I am tempted just to take care of it when I get my taxes back. Just don't want to be taken advantage of or get in more trouble.


lrhall41

Submitted by on Fri, 02/06/2009 - 11:51

( Posts: | Credits: )


I am getting ready to write that DV letter. Just making sure I am requesting all the info I need. 1) the amount of the originial check and exactly who it was written to. 2) a copy of said check. 3) that they are licensed to collect in my state. Anything else? I just want to get this straight. thanks for all help!!


lrhall41

Submitted by on Tue, 02/10/2009 - 10:54

( Posts: | Credits: )


You could format this to your needs and sent it certified return receipt requested. Don't sign it only type your name. Include a copy of the green card filled out. This way you have a copy of before and after it was signed.. Save a copy for yourself.


Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. 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 named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
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
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian 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
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

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 any listing any information to a 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.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,


lrhall41

Submitted by pokertramp on Tue, 02/10/2009 - 17:57

( Posts: 512 | Credits: )