What can I do about these collectors?
Date: Thu, 07/28/2011 - 12:58
6 years ago I pulled my credit report and it listed Midland 12 times for the same original creditor being Providian. I fought the listings with the reporting agencies and finally won and they were deleted.
I receive daily phone calls (at 8 am and 8 pm like clockwork) including weekends from Midland saying they want their money. In addition to them I have one out of Vegas that has been sending me letters saying they bought the account from Midland (original creditor was Providian) and they want to offer a settlement. Well, the amount they say is owed is over $4,200 now.
I got a letter today saying that since I can pay my student loans then I can pay them or they will sue me. Well....I know they can't sue me and win because this is well out of SOL and once they show proof of the age of the account they will be in trouble. I have asked for proof of debt and age of debt with every letter I get but they never send it. I also send letters to stop calling but they ignore it.
I pulled my credit report and neither of these companies are listed on it thankfully because that was such a pain in the butt.
How can I get them to stop calling and mailing me?
forget that, Paul, he said he sent them letters and they ignore
forget that, Paul, he said he sent them letters and they ignore them.
Here's the thing--they are clearly showing that they dont care about the law. This is the time to get an attorney and file suit. You have a letter from them clearly stating that they are threatening to sue you--and this is 100% illegal since the debt is so old that SOL has passed. It is against the FDCPA to threaten to take action that cannot legally be taken. So, what I would do is go to www.naca.net and find yourself a good consumer rights attorney in your area. Many of them offer free initial consultations. Many of them also take cases on contingency basis, which means you will not spend any money on legal fees. They get their fees paid by the debt collector when you win your case.
Go do this, file the suit, and then these bottom feeders will have to pay YOU for their ignorance. Seriously. You have what you need to make this happen, and as a result of doing this, it can be made part of the agreement that they agree that this debt is never again to be collected upon.
True, it's time they learn the law. That's why the laws are ther
True, it's time they learn the law. That's why the laws are there.
Keep a log of all calls. Each violation has a value to you of $
Keep a log of all calls. Each violation has a value to you of $1,000 under FDCPA 813.
Do you have a copy of your written cease communications letter? FDCPA 805(c) requires written notification to invoke the bar.
This is false....the FDCPA does not allow $1000 per violation--i
This is false....the FDCPA does not allow $1000 per violation--it is a maximum of $1000 total for all the violations combined.