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Question about MRS associates

Date: Fri, 07/28/2006 - 05:24

Submitted by raffi
on Fri, 07/28/2006 - 05:24

Posts: 123 Credits: [Donate]

Total Replies: 6


I have been receiving threatening calls on a account that my husband had with Capital One. I sent them a validation letter and all they sent me was a another statement with what I owe and not broken down to amounts and where they got this figure. The messages they leave are really nasty. Don't that have to validate this debt? They leave threatening messages. Any advise would be appreciated.


Yes they have to validate the debt. Try this letter.Quote:

Date:
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on (????). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
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.
Please provide me with the following:
??? 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
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (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
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I am revoking, in writing, any and all voluntary wage assignments you may have or had. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.


Sincerely,

If after this they still refuse to completely validate the loan then don't pay it. It is your legal right.


lrhall41

Submitted by dcashwell3 on Fri, 07/28/2006 - 08:55

( Posts: 379 | Credits: )


Also read the debt validation in the FTC website. This confirms legally that debt collectors must validate the complete details of the debt in writing before attempting further collections.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

If you do not want to deal with the CA, try making arrangements with the original creditor. Send a cease and desist letter to stop them from calling you over the phone. Make sure that you do all your correspondence through certified mail with return receipt requested and keep copies documented in a file.


lrhall41

Submitted by GunsNroses on Fri, 07/28/2006 - 11:26

( Posts: 485 | Credits: )


I have been recieving very nasty phone calls from MRS employees. They have even been calling me at least 2 times a day at work even though I have asked them repeatedly not to call me at work. They are very rude to my family also and are very unprofessional. Is there any way that I can make them stop calling me and just deal with them by mail?


lrhall41

Submitted by on Fri, 08/04/2006 - 09:08

( Posts: | Credits: )


Samantha2884

Handle MRS associates in the legal way. Send a cease and desist letter to their mailing address. Ask your family members also to write the same letter. As per the federal laws, all collection agencies are bound to follow this federal law. All communications must stop after receiving your letter. Same applies on MRS Associates.


lrhall41

Submitted by IncredibleHelp on Fri, 08/04/2006 - 15:05

( Posts: 492 | Credits: )


Hey Everyone this is a horrible company. I dealt with them on a capitol one account. They even went so far as to tell at that time a 6 year old that they were going to put me in jail and had him crying. I paid off this account and I hope and pray that I never get another credit card or payday loan because I hate them both. My new motto pay cash or I will do without. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Fri, 08/04/2006 - 16:32

( Posts: 2477 | Credits: )