What steps do I take now?

Date: Thu, 04/28/2011 - 13:07

Submitted by blue_drgn
on Thu, 04/28/2011 - 13:07

Posts: 7 Credits: [Donate]

Total Replies: 15

We got a call from my husband's brother last night. A collection company has been calling him and harassing him and has basically convinced him that my husband used his info for a loan. Not only is this not true but we have not spoken to his brother in close to 8 years. We live in PA he lives in NC. WE don't have is address or any of his financial info. The creditor will not identify themselves or the company they are calling on behalf of. When he tried to return their call he gets a fast busy. We told him to give the company our home number and insist they stop calling him. Be that as it may I googeld the toll free number from his caller ID and found the creditor to be NCO Financial. I do have letter from them and I have done some research on here and some other sites as to my next coarse of action.

I have drafted a letter to them:
[quote] Account #XXXXX

To whom it may concern:

This is a written request for validation of the debt referred to in your recent letter. The Federal Trade Commission, in 15 U.SC. 1692g, requires that debt collectors cease collection of a debt until verification of that debt is mailed to consumers.

Please provide this information in writing via U.S. mail at the address listed above.
I hope you are aware that reporting any invalidated information to major credit bureaus may constitute defamation of character. In addition, you must also be aware that until you validate this debt, you cannot continue collection activities or report this information to the credit bureaus. Non-compliance with this request may land your company in serious legal trouble with the Federal Trade Commission (FTC) and other state/federal agencies.

Please attach copies of the following documents:

[LIST=1]

Agreement with your client that authorizes you to collect on this alleged debt.

Agreement that bears signature of the alleged debtor where he promises to pay the original creditor.

Complete payment history on this account, to prove that the amount you wish to collect is accurate.

[/quote]What else should I do right now?
Would you send/change this letter?

From what I've read there are different ways collection agencies settle debt. What should I be asking and how do I want this reported?

I'm not against paying the original debt amount or some other amount mutually agreed once I know what it owed.

For the first time in our lives we are up to date on all Utility bills I would like to start eliminating old consumer debt and don't want to make any avoidable mistakes. FWIW we are not accumulating any new consumer debt. 8-)

Thanks so much for reading.
:hug:

That letter is a waste of time. They do not need to be told the

That letter is a waste of time. They do not need to be told the law...they know it. Plus they do not have to provide you with a complete payment history as part of validation or verification, nor do they have to provide any agreement with the client. (Read the FDCPA as to what constitutes validation.)

Sending a copy of that letter only shows you know how to cut and paste....not that you have any understanding of the law.

Use plain english...."I request validation/verification of the debt per the FDCPA" Or "I demand you cease and desist all contact with any third parties per the FDCPA" You do not have to explain it to them.