Unkown Debt from Benett & Deloney

I dont know much about your situation but I am pretty sure they cannot just read you your bank acct infor and SS-they have to ask you to confirm it....

I beleive that they did ask me to confirm my bank account and last 4 of my ssn. Could my confirmation have harmed me in any way?

Did you give them your bank account, or did they ask for the last few digits?

I'd send them a debt validation letter, and make them prove they're entitled to collect the debt. If the letter (or a seperate letter) contains a clause which only permits written communication by them, that tends to cut down on any illegal statements a collector might make. I'd send any correspondence with them return receipt.

I don't know much about mortgages, but if your payment was that overdue, would they not initiate a foreclosure?

If this alleged debt is not on my credit, should I just forget about it?

Very true, if a payment was a year late I would have definetly heard about it by now (maybe I'd be out on the street!)

I sold two homes last year, and I was thinking something didn't get paid off when I sold. But, this is exactly what title insurance is for.

I think I will send a debt validation letter. Have you found the wording of the letter in the referenced link to be sufficient? It doesn't seem to have the "legal" tone of some of the others I have found on the net..

Absolutely not. You want to make sure that you either owe it, or do not owe it. If this ends up being a legitimate debt, you could be sued (could even happen if you don't actually owe this, I suppose). If you lose or do not defend yourself, a judgement could be issued, and that will have a significant negative impact on your credit. If you are not familiar with judgements, they have long lives, may result in bank accounts or wages being garnished, and/or liens placed on your property. It would be foolhardy to disregard this.

If you actually have legal representation, you can have your attorney look over whatever letter you wish to send, or if you can afford it, have your attorney deal with Benett & Deloney.

Sorry, I've never used a DV letter, I share my experience as a former collector on this board. In my former office, all correspondence was handled by a different department.

I do have a lawyer, but I don't feel like paying him yet..

I sent out the debt verification letter (that you referenced) today. If the debt is valid, I'll pay it.

Thanks for the help!

I sent the debt validation letter referenced above to Bennett & deloney certified mail, and it was received by them April 3rd.

Well, they called me twice today on my cell phone. I told him that he could only communicate with me via standard mail and he could be charged $1000 per call for harassment. He told me this was not true, and shortly after I ended the call.

The letter does not specifically tell them they can't call my cell phone, it just says they can't contact me at home or work. Both times he called, I was at home, so tecnically he is harassing me.

He says his company did send out all of the items I requested in my letter, but all I received was a duplicate of the original letter with increased payment amounts.

After looking into this debt, I am 100% certain it is invalid. I sold the property that this loan was linked to nearly 1 year ago and all debts were paid through escrow. If any debts were not paid, (like this mortgage payment) the debtor would have to go after the company that issued the title insurance.

What should my next step be?

They obviuosly can't read if they are both calling and refusing to validate. Contact your attorney and get his or her advice on this matter. Personally I would let them call or write a few more times and then proceed to a suit for violation of the fdcpa. You and your attorney can decide your best course of action.

Cajunbulldog -

Thanks for the reply.

I am trying to handle this without my attorney and his $275/hr fee.

I think I will follow your advice and record all messages and keep records of these calls in the future. I won't be returning any more of these calls, but I am nervous that they will call me at my place of employment (obviously illegal) but it will make me look bad, legal or not.

Also, I am trying to expend the least amount of time and energy possible on this matter. Suing the company would be an option but it will take a lot of both of the latter.

Are there any more letters I should send to these goof-balls?

Maybe if I ignore them they'll just go away..

You can go to www.naca.net for a referral to a consumer attorney.Most cases with good evidence have guaranteed attorney fees. I understand about suit being last resort,but if they are ignoring both a limited communication letter and a validation letter I would think the only thing to get their attention is a summons.

You can also complain to your state's attorney general, and/or the FTC.

I find it interesting that under the fdcpa collectors aren't allowed to "reverse charges", call collect, or have the call cost the consumer. But, by calling a cell phone you are being charged for the call (in most cases). That's one reason telemarketers are forbidden to call cell phones (though the industry was trying to get that changed a while back). If a collector called my cell (knowingly), I would sue and see what happened.

Law student,the fdcpa does indeed cover cell phones.Please review the section where it states they cannot make collect calls to a consumer. In theory since practicaly everyone is charged on calls received,that section would apply.I would definately gather more violations before suit to give yourself sufficient ammunition to circumvent the bonafide error defense and to also prove willful non-compliance.That way you can go after punitive damages in the same suit.