Skip to main content

Debtconsolidationcare.com - the USA consumer forum

Today I recieved a call from a collection agency c

Date: Mon, 05/02/2011 - 20:16

Submitted by fallinangel114
on Mon, 05/02/2011 - 20:16

Posts: Credits: [Donate]

Total Replies: 7


Today I recieved a call from a collection agency claiming i owe $1500 on a bank account that i over drew $20 on in 2007. I don't know what i need to do never been in a situation like this. I don't understand how its $1500 that just doesn't make any sense to me. I have no problem try to pay back something i owe i just want to make sure its the correct amount, and these people actually own the account. what do i need to do they claim if i don't pay they will summon me to court?


The amount may have increased due to the accrued interest rates and fees. Yes you should check whether or not the account is really with the collection agency before making any payments. You should ask the collection agency to validate the debt. Once you know that the account is with the collection agency and the amount is correct, you can pay off the debt. You may also contact the bank in this regard. If what the collection agency is claiming is true and you don't pay off the debt, then they can file lawsuit against you.


lrhall41

Submitted by Good Nelly on Mon, 05/02/2011 - 21:31

( Posts: 2846 | Credits: )


well first thing you do is demand details in writing.per the FDCPA they have 5 days from intitial contact to send a dunning letter.once that is sent you send a DV(debt validation)letter.send it certified mail return receipt.if this place refuses to send a letter.do not pay them.never just pay a voice over the phone.also file AG complaints if they refuse to at least sen the letter.then try not to engage them as any place that demands money over the phone without sending something in writing is bottomfeeder.


lrhall41

Submitted by paulmergel on Tue, 05/03/2011 - 06:30

( Posts: 15514 | Credits: )


I understand, and agree in principle, with the comments made by palmerget.
However, failure to send you a timely collection (dunning) notice,while a violation of FDCPA 809(a), is rarely a cause that either the FTC or state AGs will pick up the sword over. I would not put all of my eggs in that basket!
Send them a DV, and ask for an itemization of the debt. You may want to include in that DV a passing notice of any failure on their part to comply with their timely dunning notice requirement, but it does not have much teeth. It may even be an incentive for them to not validate, and just ditch their collection. That may not be to your benefit.
Unless you live in Texas, they can choose not to send debt validation, but in that event they lose all ability to conduct further collection activities on the debt. You may have to just wait and wait, only to find that they have decided not to send validation, returned the account to the OC, with the result possibly being an OC assigment of collection to a new debt collector, with a new CA then popping up in your CR.


lrhall41

Submitted by Lian on Tue, 05/03/2011 - 07:44

( Posts: 234 | Credits: )


Another thing, that amount is absolutely impossible. If you overdrew the account by $20, you would have been charged an OD fee, and possible additional fees as the account remained negative. There's also an account closure fee but, this account would have charged off at a little over 100 days delinquent. The amount they're quoting you is BS. I would call the bank and find out what you owe. You can still pay them.


lrhall41

Submitted by OhioGal1 on Tue, 05/03/2011 - 09:02

( Posts: 5253 | Credits: )


I did indeed call the bank they are telling me they sold the account off in 2009 so they couldn't tell me what i owed when it was closed so they gave me the number to the collection agency they sold it to so that i could follow the paper trail, but i have since hit a road block when calling the 3rd or 4th collection agency that my account was sold to. it just goes straight to a voice recording that says no one is availiable.


lrhall41

Submitted by fallinangel114 on Tue, 05/03/2011 - 09:13

( Posts: | Credits: )


well then again demand details in writing as they are required per the FDCPA to send a collection letter 5 days after initial contact.if they refuse and continue to call and make demands for money that is something your AG should know.btw lian the OP stated the CA has not sent anything and the post above indicates bottomfeeder as the number the OP has goes to a voicemail.how can they send anything without a dunning letter?i will ask what number if any comes up on caller id?that might help find out who this is and get you the info needed to send the DV letter,but know that by not sending the letter and continuing to call that is a violation.


lrhall41

Submitted by paulmergel on Tue, 05/03/2011 - 10:34

( Posts: 15514 | Credits: )


Hello!
You can demand that the collection agency provides proof of the debt. Ask them to produce the document that you signed acknowledging you would be responsible for the debt. Also, ask them for a complete accounting of the debt. If they cannot produce documentation, they are probably scam artists.


lrhall41

Submitted by anonymous on Wed, 05/04/2011 - 12:40

( Posts: 202330 | Credits: )