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doesnt know what to do

Date: Fri, 08/21/2009 - 10:12

Submitted by anonymous
on Fri, 08/21/2009 - 10:12

Posts: 202330 Credits: [Donate]

Total Replies: 14


I got a withheld call today and a urgent voicemail from Darcie Clark from Simm Assoc. saying that she came across my file # and ss#.. I dont have any debts, I'm a 20yr old college student! I have one student loan that my mother is currently paying and is up to date on it. I called back and stayed on the line for 21 mins on hold. What do I do now? They also threatned to take legal action. I am so confused and scared. What do I do?!


I agree with both Guest and mmurtha, get a copy of your credit report.
According to the BBB they have a C rating they have had 94 complaints filed against them. here are some contacts that you might want to try.
Principal: Gregory L. Simendinger, President
Phone Number: (302) 283-2800
(302) 368-9422
(800) 864-6033
Fax Number: (302) 283-2830
Email Address: charlesb @ simmassociates.com


lrhall41

Submitted by marysplace2 on Fri, 08/21/2009 - 11:11

( Posts: 110 | Credits: )


I disagree, grace--do NOT send them a "do not contact" letter. Here's the thing--someone may have stolen your identity and could be charging things on your credit history illegally. If that is the case, you NEED to know about it ASAP so you can put a stop to it. If someone is doing that on your SSN, chances are good that there could be other accounts in your name out there due to fraud. You need to know about those, so you can get your name clear, BEFORE some debt collector somewhere files a lawsuit or three on you and you end up with default judgments against you.

FAR better and easier to try to clean up that mess now, before you get to that kind of issue.

Also, this could be a scam, the debt collector could be trying to collect money on a fake debt, and if thats the case, you really need to put a stop to it before THEY sue you for default judgment. You need to send this debt collector a certified letter requesting validation of this debt and notifying them that you hereby dispute the debt in its entirety. Be sure to send it certified mail, return receipt requested, so you can prove that they received it. Under federal law, they cannot continue trying to collect until they give you the validation you asked for.

I do, however, agree with checking your creedit reports--all three of them. You never know what else could be there.


lrhall41

Submitted by skydivr7673 on Fri, 08/21/2009 - 15:12

( Posts: 2036 | Credits: )


I agree completely. Do not do anything else until they validate the debt. I was getting collection call once for someone that had my name, with a diffrerent middle initial. They had all the right info, but the debt was not mine. Somwhere they had put his SSN with my name, and they were trying to get me to pay.


lrhall41

Submitted by southernapostolic on Fri, 08/21/2009 - 16:14

( Posts: 302 | Credits: )


Keep in mind a consumer only has 30 days to request verification of the debt in writing from the collector, and most times they will claim that they have contacted you in the past, and you are beyond the 30 day deadline. They will then refuse to provide you with anything, and they will still call and send letters. So if your goal is to get them to go away, you need to request that they not contact you. Try a verification request, and after they continue to call, try a DNC.

In addition, the debt collector on the phone most likely has no idea what the original debt is for. So even if it is a case of mistaken or stolen identity, they will not be able to enlighten you in the slightest by speaking with them further. Good luck.


lrhall41

Submitted by mmurtha on Sat, 08/22/2009 - 05:12

( Posts: 10 | Credits: )


I've asked CA's, on the phone, to send me a letter to Validate my account with them. ALOT of the answers I receive from them is, "we are not obligated to do that. We Validate VIA telephone." I then tell them, "well, I'm sorry, then..I can't help you." Then I hang up. Should I handle this any different way?


lrhall41

Submitted by sdchargers_63 on Sat, 08/22/2009 - 06:29

( Posts: 1798 | Credits: )


You do not want to request Verification. You want to request Validation. The trigger for the 30 day validation window is when you recive the first written correspondence in the form of the initial dunning letter. Right now it sounds like all you have recieved is calls. Next time they call, verify you are who they are seeking, verify your mailing address and inform them they had 5 days from initial contact to mail a dunning letter. When you receive it, follow the DV process.


lrhall41

Submitted by NASCAR_Devil on Sat, 08/22/2009 - 09:35

( Posts: 4671 | Credits: )


Same thing, it's just semantics. Verifying that the debt belongs to the debtor and that the collector has the legal right to collect validates the debt as mentioned on the dunning letter (i.e. declares that it is a Valid debt).

From the FDCPA:


If you're absolutely sure that it is not your debt, put a Fraud Alert on your credit report.
"https://www.experian.com/consumer/cac/InvalidateSession.do?code=SECURITYALERT"
"http://www.transunion.com/corporate/personal/fraudIdentityTheft.page"
"http://www.equifax.com/answers/set-fraud-alerts/en_cp"
(Take out any added spaces.)


lrhall41

Submitted by Chrys Henderson on Mon, 08/24/2009 - 03:29

( Posts: 2538 | Credits: )


I've written a CA a letter, in the past. Sent it 'Certified Mail'. However.....they didn't respond. I 'disputed' one of the debts with the CB's. They STILL have the debt on my CR. I'm assuming the CA verified it with the CB. But, why didn't they verify with me? Any advice?


lrhall41

Submitted by sdchargers_63 on Mon, 08/24/2009 - 03:37

( Posts: 1798 | Credits: )


Hmmm. That's a challenging one. From what I can tell, the CRAs are perfunctory with their "investigations" at best. And it's pretty hard to prove you *didn't* receive something. Is it still marked on your credit report as Disputed? If not, you can request a Note that the particular account is Disputed and that the alleged creditor refuses to validate the alleged debt. Maybe try writing a letter to the CRA mentioning that the creditor has refused to supply you with verification of the debt, so you need to know the information that the creditor supplied that supposedly validated this alleged debt or they need to remove the fraudulent mark immediately (yes, use the word "fraudulent"). That is of course if you are sure that the debt is not yours.

From what I gather, that is how a lot of these credit repair agencies work. They just keep disputing it with the CRA with stronger and stronger demands, including the filing of complaints.


lrhall41

Submitted by Chrys Henderson on Mon, 08/24/2009 - 03:59

( Posts: 2538 | Credits: )


How can I prove that the debt is NOT mine, if the CRA's didn't do their 'investigating' the FIRST time (hope I asked this clear enough)? It would (almost) like talking to a wall..ya know?


lrhall41

Submitted by sdchargers_63 on Mon, 08/24/2009 - 04:03

( Posts: 1798 | Credits: )


I completely agree. It is quite maddening. You can't prove a negative. You did ask it clearly enough. In that Class Action lawsuit against Marauder and Experian, one of the charges is that Experian (they are especially stubborn) acts like they are in cahoots with creditors by insisting on keeping an invalid (or fraudulent) tradeline on the report. Creditors like the lower score because it gives them an excuse to make more money by gouging you with usurious interest... -sigh- Unfairness just gets my goat I tell you. What happened to ethical business practices these days? It seems it's more news when a company acts fairly and decently...


lrhall41

Submitted by Chrys Henderson on Mon, 08/24/2009 - 04:19

( Posts: 2538 | Credits: )