Advise? I'm very upset.
Date: Mon, 12/19/2005 - 19:25
I've never posted here before, but figured any advise would be helpful. Here's the low down:
5 years ago I had a phone company. I was unhappy with the options I had, and switched companies. The first company never called me (that I remember) about oweing anything. I soon started recieveing phone calls from a collection agency, saying I owed 160$. I'm a dirt poor college student. Didn't have the money then, and defenitly not now (that I've been laid off). I was under mental stress (especially then), and agreed to a "deal". I paid half, about 75, 80$, even tho I didn't think I owed anything, and they showed me no proof. I just wanted them to leave me alone!
And they did leave me alone.
Untill this year.
They started calling me again, saying I owe about 160$ (never sent me any paper work or anything). When I call the original phone company, they have no record of me ever even being a customer, much less a bill. I told the credit collections people, I didn't owe. "Do you have a letter of proof?" they asked. Uh, no. I was young and dumb and didn't think of getting one. "Then we can offer you a deal". Uh, I don't think so. I'm not falling for it again. I asked for every piece of paper they have with my name on it, so I can try and figure out what they're charging me for (they don't know, they say they're just given the debt from the ones I owe...the ones who don't have any info on me even being a customer...). He said I'd have to send a written request. I asked for an address. He put me on hold to get the address and hung up on me. They left me alone for many months.
Today I came home and saw on my caller id a number that had a blocked name, and left no message. When I looked up the number, it's for a debt collector. That's the only debt it could be.
What should I do? I'm at my wits end with these people. Is there anything I should know before dealing with them yet again? Anything they can or can't do with the info they (or I) have? I'm just so flustered and upset with the whole thing.
Thank you for your time.
Tiffany
email address removed as per forum rules - Vikas
5 years ago I had a phone company. I was unhappy with the options I had, and switched companies. The first company never called me (that I remember) about oweing anything. I soon started recieveing phone calls from a collection agency, saying I owed 160$. I'm a dirt poor college student. Didn't have the money then, and defenitly not now (that I've been laid off). I was under mental stress (especially then), and agreed to a "deal". I paid half, about 75, 80$, even tho I didn't think I owed anything, and they showed me no proof. I just wanted them to leave me alone!
And they did leave me alone.
Untill this year.
They started calling me again, saying I owe about 160$ (never sent me any paper work or anything). When I call the original phone company, they have no record of me ever even being a customer, much less a bill. I told the credit collections people, I didn't owe. "Do you have a letter of proof?" they asked. Uh, no. I was young and dumb and didn't think of getting one. "Then we can offer you a deal". Uh, I don't think so. I'm not falling for it again. I asked for every piece of paper they have with my name on it, so I can try and figure out what they're charging me for (they don't know, they say they're just given the debt from the ones I owe...the ones who don't have any info on me even being a customer...). He said I'd have to send a written request. I asked for an address. He put me on hold to get the address and hung up on me. They left me alone for many months.
Today I came home and saw on my caller id a number that had a blocked name, and left no message. When I looked up the number, it's for a debt collector. That's the only debt it could be.
What should I do? I'm at my wits end with these people. Is there anything I should know before dealing with them yet again? Anything they can or can't do with the info they (or I) have? I'm just so flustered and upset with the whole thing.
Thank you for your time.
Tiffany
email address removed as per forum rules - Vikas
If you can post the name of the collector,Im sure someone here c
If you can post the name of the collector,Im sure someone here can give you the address,so you can send the validation of debt letter to them.That way you will know who the original creditors is and maybe call them about the payment that you have already made.How did you send the payment?If you sent a check maybe your bank can help you find your proof.
There are several key facts we need to try and help you.How lo
There are several key facts we need to try and help you.
- How long ago did your make the last payment ( this is important to know in order to establish the statute of limitations, {SOL}).
Who is the original Creditor?
Who is the Collection Agency You paid already?
Who is trying to collect now?
How did you pay the first time?
Is your bank account still with the same bank? If so you might be able (for a fee) to dig up some record of payment from back then.
What State do you live in?
If you received a call, then under federal law you must receive a written notice of their intent to collect a debt within 5 days of the first call or contact (however, since they didn't leave a message, they may not send the letter claiming they never spoke to you, this is a particular favorite tactic of Superior Asset Management).
You now have 30 days under Federal law to dispute the collection or to request validation in witting. This is very important, make sure you ask for validation in witting. This request needs to be sent Certified mail, return receipt requested (CMRR), this will cost you $4.85 if mailed prior to January 1. After that postal rates go up, and I'm not certain what fees are affected.
The legal burden is on them to prove the debt is valid, not on you to prove it isn't. This will be your proof later that you were making good faith efforts to validate and address the issue.
You may also send them a cease and desist letter, however be careful when doing this. It does not make the debt or the issue magically go away, and it can place the whole thing in the legal arena if they are that desperate to collect this money. If you do opt for a C&D, you may want to consider stating they are not allowed to contact you by phone, but may contact you in witting. That way it doesn't force their hand to file suit. See this thread for more information on Cease and Desist Letters: http://forums.debtcc.com/forums/cdletter-info.html
If they are able to validate the debt and it is not out of SOL you have a responsibility to pay it. You may then want to consider trying to arrive at a settlement arrangement. Some agencies will settle for up to 60% of the original debt. Many collectors buy old accounts for pennies on the dollar trying to collect, hoping people get scared and pay in full. For example a debt like your may have cost them about five dollars. If they collect the full amount, thats $150.00 profit. So they have room to settle and still see a reasonable profit. Since you paid some already (about half?) then you maybe able to settle with this agency for about half and the debt would be 100%. Just make sure you have proof to back it up in case they send it off to another agency for the other half.
A word of caution, Do not give a check by phone or credit/debit card, or western union or money gram. Some collection agencies have been know or admitted to taking additional money from consumers (not to say all CA's do this, but you have to protect yourself). Only mail or overnight payment in the form of a check or money order. This will be you proof of payment. If you mail it, again send it CMRR. If you overnight it, the way bill with be your proof of mailing, and the carrier (Fed Ex, UPS, DHL Etc. will provide you with a record of signature) Obviously, over night is more expensive, but may be worth the extra expense.
Once your receive the cashed check and the receipt of delivery, keep these in a safe place in case someone else tries to collect later, or they improperly report it on your credit report and you have to dispute it with the Credit Reporting Agency.
If your bank doesn't return checks , but makes their images available through online banking, you may want to print a copy of the front and back and keep filed for easier access later.
Please let us know some more information to try and further assist you, and please do let us know how things are going in this regard. I hope all this helps a little. Maybe one or two of the insiders can help as well. Obviously, if the debt is valid then you to have a responsibility to address it and pay it.
Several examples of various letters are also available here.
http://community.debtcc.com/letters/index.html
Soem guidelines for mailing correspondence to creditors can also be found at:
http://www.debtconsolidationcare.com/mailing-instructions.html
(Thanks Clay for explaining Jikei everything so elaborately.)
(Thanks Clay for explaining Jikei everything so elaborately.)
Hi Jikei
Welcome to the forums.
Follow the advice given by Clay and I am sure that you will approach this matter in the right direction. Recently, we had a discussion similar to the situation that you are in. Please have a look at this thread as well.
http://forums.debtcc.com/forums/collection-matter.html
According to me, you should not have sent the money to the collection agency without any documentation. But now, since it has been done, search for any kind of proof that you might gather relating with these payments.
Also, read the fine contract that you had with this phone company. If there is a point that mentions some kind of pre-closure charges, you might have to pay that to the collection agency. But, the fdcpa law states that the collection agency should present the complete details in accurate shape. Ask for a debt validation as this is the first and foremost step, you can take in resolving this matter.
Do let us know how things are shaping up at your end.
Regards
Roxette
