What to do next
Date: Sat, 05/29/2010 - 09:32
As per several persons advice we have had no contact with them. We have outstanding credit and have always paid all debts back promptly. In other words we can't imagine what they could possibly want with us. Any advice as to what our next step should be to stop the calls would be appreciated. Thanks!
Hiya-- I am not sure who told you to not have any contact with
Hiya--
I am not sure who told you to not have any contact with a debt collector, but I cannot agree with that advice. Suppose you are the victim of identity theft? If you never talk to them, you wont ever know why they are calling you, and you wont ever be able to resolve the situation.
Here's what I recommend--when they call again, speak to them. Find out what they are calling for. Have they sent you anything in the mail? If they have not, and you have never spoken to them, then you need to do this--once they tell you what account they are calling about, you need to say:
Well, ok, I thank you for your call. In accordance with the Fair Debt Collection Practices Act, since this is our initial conversation on this matter, you now have 5 days to get the initial dunning letter to me. I will wait to receive this letter, and then we'll go from there. Thanks again for calling, and have a nice day."
Thats it--HANG UP THE PHONE. Dont trade talking with the person on the phone, just end the call there. Portfolio tried to pin an account on me for months that was actually an overdrafted checking account from 1999 or so....that belonged to an old ex-girlfriend and never had my name on it. I had to talk to them like this to get them to follow the law because they refused to do so on their own.
So, once that's done, you wait for the letter. In this letter, they are required to tell you about the account they are trying to collect. If you do not recognize the account, you can then mail them a certified letter stating that you dispute the alleged debt and that you are invoking your right, pursuant to the FDCPA, to request validation. The moment they get that letter, they MUST stop calling you until they have provided you with validation of the debt. If they continue to call anyways, you can sue them.
