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First Credit Services vs. Ellis Crosby

Date: Sun, 09/25/2005 - 07:02

Submitted by anonymous
on Sun, 09/25/2005 - 07:02

Posts: 202330 Credits: [Donate]

Total Replies: 2


I got a call from First Credit saying they got my FSM loan from Ellis Crosby and want payment. It was 480 and they want 650... why? should I pay this whole amount? I can't pay until November because of being behind on house payments. Will that be OK? Should I first ask them to send it in writing?


You should send them a letter (certified mail, return receipt requested) asking them to validate the debt, and explain how they calculated the amount they claim you owe. You can also include a diretive they are not to contact you by phone, but only by mail if your wish.

Here is an example of a letter I use which was origianlly posted by our Moderator, Roxette. You can tweak as you see fit to your situation:


XX Month, 200X

Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice a couple entries by your company on my credit reports. 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
.
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'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 investigating 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 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.

Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission

Best Regards,

Your Name Here


lrhall41

Submitted by LCW on Sun, 09/25/2005 - 11:44

( Posts: 1151 | Credits: )


Hi Guest,

Welcome to the forums. If you do not exercise your consumer rights as per the fdcpa law, any company can take the advantage of you on illegal grounds.

I also fear that if you do not ask for debt validation, it might happen that your money will not go to your account also. Make sure that you do all your correspondence through certified mail with return receipt requested. This is very important so that you have a legal proof of your communication made with the date mentioned on it.

Regards
Roxette


lrhall41

Submitted by roxette on Mon, 09/26/2005 - 13:16

( Posts: 4009 | Credits: )