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Collection Agency refused to delete the entry

Submitted by on Tue, 02/08/2011 - 23:04
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A collection agency recently filed an unpaid amount to my credit report agencies. I found out about this because my current credit card company decreased my credit line. This collection agency purchased my debt from AT&T mobile. I called AT&T regarding this and they told me that there's nothing they could do because it's already been sold to a colleciton agency. I don't understand how they can just sell the debt without attempting to contact me first to collect the balance ($170). They had my cell phone (it is still the same after 10 years) but never made one call to me. They said that they sent the bills to my address but I have moved from that address 3 years ago. All the mail from that address was forwarded to me but not theirs? That does not make sense. So I called the collection agency regarding the debt. They told me that I now owe twice the amount (interest added) and that they just sent the bill to my new address (HUH?...where was the original debt that was supposed to have sent to me?). What are my rights? Do I have any? Now this colleciton agency keeps calling my home and harassing me. I do intend to resolve this. I asked them to remove this from my credit report if I pay the entire amount. They said no. What can I do? If I pay the balance to the original debtor (AT&T) will that do anyting? Please advise.


Hi!
Welcome to the forums!
If At&T mobile was aware of your new address, then they should have sent the bills to your current a address. Under FDCPA laws, the collection agency can't harass you when collecting debts. So, you can very well inform that to the debt collector. You can contact the AT&T mobile and request them to withdraw the account from CA. Inform them that you want to settle the debt with them. If they agree, negotiate a pay for delete agreement with them. Otherwise you can request them to update your account status as "Paid in Full". However, if AT&T is still not interested, then I guess you have to settle the debt with the collection agency. As they are not agreeing to delete the listing from your credit report even after paying the full amount, then ask them to update the account status as "Paid in Full".
If you are not able to settle the debt with the collection agency on your own, then get help from a professional debt settlement company. They can negotiate with the debt collectors in a better way. They may also help to lower your debt amount.


Submitted by Good Nelly on Tue, 02/08/2011 - 23:48

Good Nelly

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The answer to your question is the collection agency is under no obligation to remove the tradeline if they are reporting correctly and accurately. Once paid their only obligation is to report a zero balance.

As for contacting a professional debt settlement company, well that is a waste of a phone call. Settlement companys wont take on a single debt for such a small amount and their fee would negate any savings.

How is the collection agency harassing you? Just by calling you? That is not harassment...


Submitted by SOAPLADY on Wed, 02/09/2011 - 03:19

SOAPLADY

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The CA finally responded to me by sending a copy of the outstanding balance from my AT&T bill. This amount was different than the total due reported by the CA on my credit report. Is there a sample letter that I can send to them letting them know that they had ignored my written request to verify the debt and continue to call to collect. Please advise. Thank you


Submitted by on Wed, 03/16/2011 - 22:44

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Did the debt collector send you a formal collection (dunning) notice within 5-days of their reporting of the collection to the CRA? If not, then they are in violation of FDCPA809(a). If your DV letter was timely, i.e. it was sent either with no prior dunning notice, or within 30-days of their dunning notice, then any contact with you thereafter would be a violation of FDCPA 809(b) until such time as proper validation was provided.
Regarding the debt, if the OC has sold the debt to a debt collector, they cannot accept any payment. Aside from the FDCPA vioaltions, which really dont apply to the credit reporting, if the debt collector owns the debt, you must deal only with them.
Payment of the debt carries with it no requirement for any CR deletion of prior, accurate reporting.
The FDCPA violations are addressed by complaint to the FTC (they wont act on it), or by civil action on your part.


Submitted by Lian on Wed, 03/23/2011 - 05:24

Lian

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I received a letter from the collection agency after sending a follow up letter per your advice. All I got was a one page letter letting me know that "this letter serves as your requested verification of your outstanding debt with US Asset Management Inc". I think they bought my debt from this company. The letter showed the original creditor, which was AT&T Mobility and the account balance of the debt. It also stated that the above information has been verified as correct by US Asset Management Inc. What is my next step? They obviously did not send the information per my request from my first letter to them. Please help. Sincerely, L.


Submitted by on Fri, 04/08/2011 - 19:50

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In a proper validation letter, the collection agency is supposed to provide you with the following things. These are:
1. Written evidence that the account is currently with them (collection agency.
2. Copy of your payment history on the account ( total debt amount, fees added to the debt amount, penalties, interests, etc. will be there).
3. Copy of the original agreement made between you and your creditor.

If all the aforementioned documents have been enclosed with the validation letter, then you can start negotiating a settlement with them. Make a written settlement agreement with the collection agency and repay the debt within the scheduled date. The debt amount has possibly increased due to the accrued interest rates, fees.


Submitted by Good Nelly on Fri, 04/08/2011 - 20:54

Good Nelly

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The validation only included the original amount that was owed to AT&T. The original debt amount was reported to the credit agencies as well as the total debt amount. I have not received any documentation how the total debt amount was calculated and added.


Submitted by on Mon, 04/11/2011 - 09:23

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Well, well, well... one more instance of my post getting deleted. There have been several other instances where my posts had been deleted for no reason and I had contacted the admin/moderators in order to know who did so. I came to know the name of that moderator doing so a long time back but as she is a senior member, I never thought of disclosing her name. I contacted one of the moderators and came to know that she again deleted my post from this thread. So, I felt that’s it’s high time that I disclose her name – it’s SOAPLADY – one of the senior members and moderators of the forum. I don’t know whether such an act of hers raises her prestige in this forum in any way.

To other moderators/members:

This is what I wrote in this thread in reply to Soaplady’s post#9

Sorry to say Soaplady but the collection agency is required to validate the debt in writing. They may validate the debt over the phone but it is important for them to send it in writing as well. Please check: “ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf” – Can any one of you let me know what was wrong in it? Or was it any kind of spam?

There have been instances where I had been wrong and she and other members had rectified me. That is perfectly fine with me. But I don’t get to understand the reason why she keeps on deleting posts when there is no reason for doing so. This is also a TOS violation.


Submitted by Anna Sweeting on Tue, 04/12/2011 - 21:56

Anna Sweeting

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Do either of you two read????

I never said that a CA doesnt have to validate in writing. I simply wrote the that neither these two items are part of validation
[QUOTE]Sorry nelly, but the collection agency is not required to send either 1 or 2 to validate.[/QUOTE]

[QUOTE]1. Written evidence that the account is currently with them collection agency.
2. Copy of your payment history on the account ( total debt amount, fees added to the debt amount, penalties, interests, etc. will be there).
[/QUOTE]

Validation of a debt....it is posted at http://www.debtconsolidationcare.com/settlement/thread113136.html
? 809. Validation of debts
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor.


Submitted by SOAPLADY on Wed, 04/13/2011 - 03:48

SOAPLADY

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Quote:

Do either of you two read????


I have read your comment and this is why I have replied. I found that the content in the following thread (created by you) is directly copied from the FTC site. This is a copyright infringement and it may have legal implications.
http://www.debtconsolidationcare.com...ead113136.html

Anyway, if you have read the thread created by you, then you can see that the collection agency has to mention the debt amount in writing.
Quote:
the amount of the debt


Quote:
debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.


When the collection agency is mailing the name and address of the creditor to the consumer, this itself proves that the account is with them.

You can check out the following site to know that the collection agency has to prove that they own the debt.

http://www.creditinfocenter.com/rebuild/debt_validation.shtml


Submitted by Good Nelly on Wed, 04/13/2011 - 04:25

Good Nelly

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Providing an address is hardly proof...at least the way you wrote it out.
It you must quote a site, this is taken from the above link...
Quote:

There is no way for a collection agency to prove that you owe them money because there is only an assignment of the debt and not a contract between you and the creditor.


Every collection letter has a balance. You wrote
Quote:
2. Copy of your payment history on the account ( total debt amount, fees added to the debt amount, penalties, interests, etc. will be there).


What I was saying is that they do NOT have to provide you with all that info. Often when an account is placed into collections, interest and penalties is already part of the balance from the creditor. The CA does not have to provide a breakdown as part of validation. They can be asked specifically to get it but often the debtor would need to get the payment history themself from the original creditor.


Submitted by SOAPLADY on Wed, 04/13/2011 - 15:27

SOAPLADY

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Hi Soaplady...I was going through the thread as I had a similar query. I could not understand your post. It is so confusing. Can you please explain your post in details?

Quote:

Every collection letter has a balance.


What is the meaning of this?


Submitted by on Thu, 04/14/2011 - 00:22

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Quote:

I have read your comment and this is why I have replied. I found that the content in the following thread (created by you) is directly copied from the FTC site. This is a copyright infringement and it may have legal implications.


How is copying PUBLIC law a copyright infringement??? This is no copyright on this....every collector has a photocopy of this in their training manaual. The law is used verbatim in legal briefs....you do not have to ask for permission to copy laws!!!


Submitted by SOAPLADY on Thu, 04/14/2011 - 13:13

SOAPLADY

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