logo

Debtconsolidationcare.com - the USA consumer forum

Zombie Debt Collector?? Please advise

Date: Tue, 04/06/2010 - 21:07

Submitted by anonymous
on Tue, 04/06/2010 - 21:07

Posts: 202330 Credits: [Donate]

Total Replies: 7


Hi all,

I'm so glad i could find this forum but I need advice on my first ever debt collector contact!! (so frustrated). So, i got a letter in the mail from PARC (Premium Asset Recovery Corp) regarding a debit I owe in the year 2001 (that's 9 years ago!!) within the state of Pennsylvania. Now I live in NJ. This debt(s) was supposedly a medical bill for a hospital i went to but does not exist anymore!! It is now a children's hospital. I was in college when this supposed debt happened.

Now 1) I do not at all remember going to the hospital on the dates the collection letter states 2) I always pay everythng and have a credit score of 794 3) this is 9 years ago!! isn't that an expired ... what would you call it.. expired statute of limitation?

I was preparing a letter to dispute this debt, in the way that I believe this debt is incorrect, the agency has erroneously linked this debt to me when it is supposed to be someone else's debt. But now I'm beginning to think I should just write a letter to them saying, this debt is expired, stop contacting me, period.

Please advise.

In need of super awesome advice,
Sylvia

===============================================
Also here is the sample letter i was preparing ... but maybe i just need to change it to a Statute of Limitation dispute letter?

On March 25th, 2010, I received a written notice of the claimed debt(s), a copy of which is attached.
This is to inform you that I dispute the debt(s) because [[[[reasons: I believe the agency has erroneously confused me with someone else or the debt was paid.]]] I am hereby requesting that you confirm the fact that I owe this debt as required by any applicable state and federal laws. Please contact the creditor to obtain verification.
In addition, under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection.
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 do I need you to provide as the debt validation.
What the money you say I owe is for
Explain and show me how you calculated what you say I owe
Provide me with copies of any papers that show I agreed to pay what you say I owe
Provide a verification or copy of any judgment if applicable
Identify the original creditor
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent
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.
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..
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 (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:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character

Furthermore, any reporting of this matter to a credit reporting agency is premature. Until you have investigated my dispute, you should not relay negative information to a credit reporting agency. If negative information has already been reported, you will need to notify the agency to remove said report until the investigative process is over so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute.
Your next contact with me should be either notice that the creditor has failed to provide verification of the debt and that the matter has been closed or that you believe that this debt is valid and are providing proof of my responsibility. If the former, please confirm that I am not being held responsible for the debt in writing and also that if the account has already been noted on my credit report, that you will contact the bureau(s) in question to have the account removed. If the latter, I expect that you will provide me with an explanation as to why you have decided not to remove this account from collections and a copy of all documents relevant to the debt such as the application, bills, records of communications and payments, and any other data that indicates my responsibility.
I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing.
I look forward to your acknowledgment that you have received this notice by ----.
Sincerely,
Sylvia -----


Pennsylvania Statute of Limitations [INDENT] Contracts: 4 years, (used to be six).

Contracts under seal: 20 years.

Sale of goods under UCC: 4 years.

Negotiable instruments: 6 years (13 PA C.S.A. .?3118).
[/INDENT]


lrhall41

Submitted by Shazzers on Tue, 04/06/2010 - 23:44

( Posts: 17344 | Credits: )


That is a contract that has an actual seal affixed to it. Supposed to be a more formal contract.

Ok, with your letter I would change several things. First, do not mention the SOL, as that only makes it where they can't sue you...not that they can't collect. Also I would completely strike the part about reporting the debt to the credit reports. Just put in that the debt is beyond the reporting period so you do not expect to see it show up and if it is already there they had best remove it immediately.

Other then that, just ask for proof of the debt, or send them a total cease & desist.


lrhall41

Submitted by goldenbast on Wed, 04/07/2010 - 05:07

( Posts: 2884 | Credits: )


Thanks for your quick responses!
I discoevered anther thread with people with the same problem as me from PARC with old medical bills with hospitals that don't exist!!!

ok i'm just only gonna send this:

On March 25th, 2010, I received a written notice of the claimed debt(s), a copy of which is attached.
This is to inform you that I dispute the debt(s) because I do not believe I owe what you say I owe and if so that the debt I am hereby requesting that you confirm the fact that I owe this debt as required by any applicable state and federal laws. Please contact the creditor to obtain verification.
In addition, under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection.
Furthermore, any reporting of this matter to a credit reporting agency is premature. However, the debt is beyond the reporting period so I do not expect to see it show up. If it is already there, you have best remove it immediately.
Your next contact with me should be either notice that the creditor has failed to provide verification of the debt and that the matter has been closed or that you believe that this debt is valid and are providing proof of my responsibility. If the former, please confirm that I am not being held responsible for the debt in writing and also that if the account has already been noted on my credit report, that you will contact the bureau(s) in question to have the account removed. If the latter, I expect that you will provide me with an explanation as to why you have decided not to remove this account from collections and a copy of all documents relevant to the debt such as the application, bills, records of communications and history of payments, and any other data that indicates my responsibility.
I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing. Until you can provide me with the validation I have requested for this account, cease and desist immediately from any contact with me. Further contact by your office in regard to this unvalidated account which you claim that I owe will be viewed as harassment.
I look forward to your acknowledgment that you have received this notice by April 21st, 2010.
Sincerely,


lrhall41

Submitted by on Wed, 04/07/2010 - 09:42

( Posts: | Credits: )


I would actually report them to your State Attorney General to see if this isnt another one of the Texas or Florida based scammers. A little pre-investigative work (does the phone number, address etc actually show up on a "net search?) might be in order. There are so many scamming scumbags out there it would make your head spin right off. As long as there are sheep, wolves will never go hungry.
Usually the best course of action on a "collection" that you have no idea about is to tear
it up in small pieces and put it in the (if there is one but doubtful) postage paid envelope
and send it back. Boiler room collectors are a branch of organized crime and should be treated as such. Dont forget that you can check your credit report for free through any and all of the credit databanks.
Don't get your panties in an uproar over what some scammer says is a nine year old debt.
Good luck and dont give an inch. Do a little more reading and know your rights and
how to employ them. And maybe you will be one that can sue them.


lrhall41

Submitted by on Thu, 04/08/2010 - 20:06

( Posts: | Credits: )