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Unsubstantiated Debt

Date: Wed, 02/09/2011 - 06:39

Submitted by frustratedparent58
on Wed, 02/09/2011 - 06:39

Posts: 5 Credits: [Donate]

Total Replies: 7


My daughter attended college in Wisconsin in 2005 and had a bank account with US Bank. In May 2005, she met with a representative to close the account and then returned home to Michigan. In November 2007, she received a letter from an a law firm stating they were acting on behalf of US Bank to collect a debt for a charge of $15 plus overdraft fees and interest for a total of $230. My daughter responded within the 30 days to the them asking for proof of the claim. The charge was incurred at a restaurant in Wisconsin in August 2005, 3 months after she had left the state. When she contacted the bank they said she never closed the account and that the charge caused the overdraft. The bank said the debt had been sold to a collection agency. In contacting the agency, she told them to provide proof of a signed receipt showing that SHE made the charge. They never wrote back or contacted her again.

Earlier this week, she was notified by yet a new collection agency, Imperial Collections, asserting that she now owed $629 for the overdraft, plus fees and interest and that they were going to impose legal action. Again, she asked for proof of a signed receipt. They stated that SHE had the burden of proof that she didn't owe the debt. They stated they had a signed affidavit from US Bank stating she owed the charge.

She NEVER made the charge and thought that when she met with the bank that the account had been closed.

How does she make this go away??


did imperial send her a collection letter?if so get them a DV letter as well.unfortunately US BANK is one of the worst i have seen when it comes to matters like this.btw it is up to the CA to prove she owes it.not the other way around.get the DV letter out as imperial sounds like a bottomfeeder.they can't sue unless they bought the debt,and rarely does a bank debt get sold.


lrhall41

Submitted by paulmergel on Wed, 02/09/2011 - 06:53

( Posts: 15514 | Credits: )


What is a "DV" letter, please? When we spoke to the bank several years ago, they said they it was out of their hands. No she has not received any letters from them. They contacted her grandmother (my mother) stating they were trying to reach my daughter. My mother did not acknowledge knowing her and called me right away. My daughter, not knowing what the call was about other than them stating "it was a legal matter" called them back. They are going to send her the back up information for the claim.


lrhall41

Submitted by frustratedparent58 on Wed, 02/09/2011 - 07:02

( Posts: 5 | Credits: )


What is a "DV" letter, please? When we spoke to the bank several years ago, they said they it was out of their hands. No she has not received any letters from them. They contacted her grandmother (my mother) stating they were trying to reach my daughter. My mother did not acknowledge knowing her and called me right away. My daughter, not knowing what the call was about other than them stating "it was a legal matter" called them back. They are going to send her the back up information for the claim.


lrhall41

Submitted by frustratedparent58 on Wed, 02/09/2011 - 07:13

( Posts: 5 | Credits: )


The bank had sent us the information 4 years ago of the overdraft charges and the original debt that started this whole mess, but they could not provide a copy of a signed receipt showing my daughter had ever made the charge.


lrhall41

Submitted by frustratedparent58 on Wed, 02/09/2011 - 07:15

( Posts: 5 | Credits: )


well then if they can't then they can't validate.that is why the first collector dropped it.in the meantime do not speak to thee people further.demand something in writing and state you or anyone else will talk to or accept their calls until your daughter gets something in writing.i'm still efforting imperial's address.


lrhall41

Submitted by paulmergel on Wed, 02/09/2011 - 07:19

( Posts: 15514 | Credits: )