Greystone Alliance
Date: Tue, 12/08/2009 - 12:11
They are allowed to call each person one time only, to try and f
They are allowed to call each person one time only, to try and find you. They may not disclose that you (alledgedly) owe a debt, and they may only give they name of their company if specifically asked.
Here's the law:
FDCPA, ?? 804. Acquisition of location information (15 USC 1692b)
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall???
(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
(4) not communicate by post card;
(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and
(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney???s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.
This person actually told my family member that I had two claims
This person actually told my family member that I had two claims filed against me, but other than this being verbal, I have no proof of what he said. When I told the guy at the collection agency this, he said that he needed proof of that being told to my mother-in-law. If I have no proof, there is nothing that can be done. This is a legit debt, but I am just so annoyed that they called my family member, especially since her number is unlisted. I also just received the collection letter yesterday and he told me that I should have received it last week and "how convenient" that I didn't receive it yet.
If I can only pay $20 a month on a $600 debt, do they have to accept that? That's about all I can afford right now.
Quote:Originally Posted by Bayley5This person actually told my f
Quote:
Originally Posted by Bayley5 This person actually told my family member that I had two claims filed against me, but other than this being verbal, I have no proof of what he said. When I told the guy at the collection agency this, he said that he needed proof of that being told to my mother-in-law. If I have no proof, there is nothing that can be done. |
That's crap. They tell you that because they know they screwed the pooch, and they're hoping you won't put up a fuss over it. See if you can get a written statement from your relative. Signed, and notarized would be even better. Then you'll be in a position to show them what can be done.
Quote:
Originally Posted by Bayley5 I also just received the collection letter yesterday and he told me that I should have received it last week and "how convenient" that I didn't receive it yet. |
If somebody pulled that on me, I'd have their ass for calling me a liar. YMMV, though.
Quote:
Originally Posted by Bayley5 If I can only pay $20 a month on a $600 debt, do they have to accept that? That's about all I can afford right now. |
You say you just got the collection letter? I'm assuming that's the dunning letter, on their letterhead with details of the account. Am I right?
Have you requested validation yet? In your place, I'd insist on strict validation, just as a slap in the face to them if nothing else.
I got a collection letter from the Greystone Alliance LLC. It's
I got a collection letter from the Greystone Alliance LLC. It's not even a letter, it's a notice that I owe HSBC $661.91 and list the credit card account number. I am not sure what a "dunning" letter is. The strange thing is the return address on the notice and the address to mail the payment are different. There is a "note" at the bottom of the notice indicating that the return address and the mailing address are different due to "underliverable" mail. What the heck does that mean?
Quote:Originally Posted by Bayley5I got a collection letter from
Quote:
Originally Posted by Bayley5 I got a collection letter from the Greystone Alliance LLC. It's not even a letter, it's a notice that I owe HSBC $661.91 and list the credit card account number. I am not sure what a "dunning" letter is. |
By your description, a dunning letter is what you've got in your hand.
The law says that it has to include certain information. Here's the list, does the letter you got have all this information:
FDCPA, ?? 809. Validation of debts (15 USC 1692g)
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing???
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer???s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
Quote:
Originally Posted by Bayley5 The strange thing is the return address on the notice and the address to mail the payment are different. There is a "note" at the bottom of the notice indicating that the return address and the mailing address are different due to "underliverable" mail. What the heck does that mean? |
This is real common, and nothing to be concerned about. They have it set up so that mail the post office returns as undeliverable goes to one place, often a mailing service or an office of theirs that specializes in finding people, and payments to another. I've seen this arrangement on many collection letters over the years. It's nothing to be concerned about.
So, I could write them a letter telling them I want a statment f
So, I could write them a letter telling them I want a statment from HBSC indicating what i owe? Also, can I tell them not to contact anyone other than myself?
Yup. It's called requesting validation of the debt. There are sa
Yup. It's called requesting validation of the debt. There are sample letter templates available on our site.
Thank you!!!! I just assembled my letter. Now, I have another
Thank you!!!! I just assembled my letter. Now, I have another question, if they cannot provide any single part of the validation, am i required to pay it?
No you are not. If they can't prove you owe then you don't owe
No you are not. If they can't prove you owe then you don't owe them a blooming cent. I would strongly word your DV letter and be sure to let them know that ANY further calls to anyone will result in a speedy summons. Also make sure to demand that all communications be done in writing that you will no longer be conversing with them on the phone. Seriously after they get that letter, if they call simply say, "You were asked not to call. I am making a note of the date and time of this call so that when (stress when) I do sue you, I will be able to pull the records from the phone company showing this call that is clearly a violation." Then hang up. Let them chew on that for a while.
You do not have a pay a thing if they can't provide you with competent proof (and a statement is only PARTIAL Validation, especially if the amount on the statement and the amount they claim you owe are different. If they claim interest, then they have to produce a signed contract outlining the interest. Your state may have a interest rate and you should check to see.
This agency called my mother and said they needed to hear from m
This agency called my mother and said they needed to hear from me right away-I had no clue who this was. I did call and he said they were collecting for a Dakota Bank-I asked for a validity of debt and he said that i have asked for one before and he would contact someone and let them know that i refused to pay. Then he hung up on me! Can they do that? I don't remember getting anything from a Dakota Bank and wanted additional information. If I do owe then I will pay but I have no clue what to do now. I did pull my credit report and didn't see anything on there-help! Thanks!
Per FDCPA, validation of debt must be requested IN WRITING withi
Per FDCPA, validation of debt must be requested IN WRITING within 30 days of the dunning letter (validation period).