a question about verification
Date: Mon, 08/28/2006 - 17:58
I've been dealing, if you want to call it that, with the collection agency "allied interstate," which seems to be an ongoing topic here. I asked them in writing to verify a debt from American Express. About two months after I requested it, I got a package from American Express, showing the history of the debt, but nothing saying that they had turned it over to Allied interstate. I then got a call from Allied Interstate saying they had filed fraud charges, but nothing ever happened.
According to a link I found here:
http://www.debtconsolidationcare.com/validation.html
it states that:
"A proof that they are assigned to collect the debt by a creditor."
and
"Agreement with any of your clients that grants you the authority to collect on this alleged debt."
Neither Allied interstate or American Express have supplied the above listed items in parenthesis.
I might be wrong, and that's why I'm hoping someone more knowledgeable than me will answer this, but are those items necessary in order for a debt to be verified? If so, then they're trying to collect without proper verification.
If it was anyone else, I'd probably give them a break, but I've already filed a complaint with the FTC about Allied for harassment and misrepresentation, and will probably file something with the state of Ohio, about the bogus fraud charges and the other things. Considering how nasty they've been so far, I'm not particularly cooperative with Allied as I write this.
Thanks for your help
Mike
They have to show proof they are authorized to collect the debt.
They have to show proof they are authorized to collect the debt. You can not go to jail, and they cannot file fraud charges for not paying a debt. You can sue them for $1000 per violation of the Fair Debt Collection Practices act.
A debt validation will be sent to the address they have on file
A debt validation will be sent to the address they have on file unless you specifically requested it to be sent to a different one. It won't matter if you moved or they have your telephone number to a different address. It just matters as to what they have on file.
It's not going to come to you registered or certified or anyhting like that it will probably come in a plain envelope that you might consider junk mail and throw away without even looking at it.
If their systems indicate that they have mailed out a validation letter food luck in getting fines from them.
They haven't sent anything that complies with the fdcpa as far a
They haven't sent anything that complies with the fdcpa as far as validation.
these losers from allied interstate have been dumb
enough to leave harrasing messages on my VM - complete with profane language. I've saved them, of course. I think I can file a complaint with the Ohio Attorney Generals office. I do think I have enough evidence for some sort of lawsuit but not sure how to proceed on that.
In aswer to your response, FYI, I didn't miss anything, I check
In aswer to your response, FYI, I didn't miss anything, I check everything that comes in the mail.
Fraud charges? Did you even once say the debt was not yours dur
Fraud charges? Did you even once say the debt was not yours during the course of telephone conversations? What proof did they have that you committed fraud? After you find out who owns the debt, will you be able to better handle this. In the mean time, they should be also giving you their licensing number once you've requested it.
Regards
Mike
it was some sort of bogus threat, as I haven't commited fraud, a
it was some sort of bogus threat, as I haven't commited fraud, and nothing has ever happened. I don't recall ever saying the debt was not mine, although the conversations got pretty heated, to say the least. But no, I don't think I ever claimed the debt was not mine. I just won't let myself be treated like a piece of ****.
It's interesting - I was out taking a walk this morning, and when I got back, I went to get my mail, as it comes into the main desk where I live. The woman, Maria, said that some woman had talked to me, and I had said to put her through again. The thing is, I never talked to anyone. If she called, I would have been out. I rarely use my land line, and almost always use my cable phone line. These people are such liars.
Then, I checked my cable line VM, and there was a nasty message from some woman from AI - I think threatening to go to my landlord, or something. I'm not in the mood to wade through that nastiness again right now. I think it definately fell into the catagory of "profane" language or harassment, as it's outlined in the fdcpa.
I have to do some more digging.