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Is this "Firm" Real or a Scam

Date: Wed, 09/12/2012 - 07:35
Submitted by Hockey Mom on Wed, 09/12/2012 - 07:35
Posts: 36
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I received a call from a company by the name of Brown and Joseph in regards to a debt they say we owe. They claimed we received a letter from them and we didn't so I asked them to send it again via the mail and they would not. They stated that I needed to email them permission to email me another letter. How do I find out if they are real or a scam?


They gave me their email address and said that I had to send them permission to e-mail me one. Should I email them and demand a validation letter or should I call? I would like to keep a paper trail. This is also the same company that calls on Sunday.


Submitted by Hockey Mom on Wed, 09/12/2012 - 11:08

Hockey Mom

( Posts: 36 | Credits: )


You don't need a sample letter.

Just say...

Dear collector:

I am writing to request validation of the alleged debt (reference account number) you contacted me about on _____________ as per my right under the Fair Debt Collection Practices Act. Please provide me with proper validation of this alleged debt via U.S. mail as soon as possible.

Thank you.

Send it via certified mail with a return receipt. When you get the green card that says they received it, hang on to it. They cannot contact you again until they verify the debt. The exception is if they contact you to tell you what their next steps will be.

If they do, you can sue them for violating the FDCPA.


Submitted by OhioGal1 on Wed, 09/12/2012 - 12:53

OhioGal1

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I sent this company a validation letter and I received the green card back and some sort of validation letter. In my validation letter is asked for 30 days to investigate the matter and they continue to call, to boot the call on Sunday. They said that I owe a previous insurance company money and I contacted the company and they do not show I owe anything. My insurance agent is also looking into the matter. Can they continue to call since I have asked them not to?


Submitted by Hockey Mom on Tue, 10/02/2012 - 09:28

Hockey Mom

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Quote:

I sent this company a validation letter and I received the green card back and some sort of validation letter.


OK, what did they send you in this "validation letter"? Chances are good that they sent you something like "based on our records, you owe $_____ and the original creditor was ______"......if they sent you something on their own letterhead, they have not validated the debt at all. While the FDCPA does not specifically state what is acceptable validation, the FTC has established that sending an itemization of what they already have in their records is not enough. Please elaborate a bit on what exactly they sent you...

Quote:
In my validation letter is asked for 30 days to investigate the matter and they continue to call, to boot the call on Sunday.


There is no partial or temporary cease and desist--it's all or nothing. Some CAs will not call at all if you tell them only to contact you by mail, while others will ignore you telling them not to call no matter how you tell them. They are not breaking any law by calling you, as long as they call between 8 am and 9 pm your time. As long as you did not specifically tell them in writing "do not contact me anymore", they are legally allowed to contact you.

Quote:
They said that I owe a previous insurance company money and I contacted the company and they do not show I owe anything.


This could be for two reasons--

1--you may have owed them the money for real, but if they sold the debt to a debt buyer, they most likely will not have records any longer on your account. This would really depend on how old the alleged debt is, and what this particular insurance company does with their old accounts. Did they still have all your other info, from when you had a policy? Did they actually say "we dont show that you owe anything" or did they say "we show you paid everything you were supposed to". There's a difference between those statements and its a good idea to clarify which one they meant.

OR--

2--you never owed the money in the first place.

While you are under no legal obligation to prove your innocence, it is a good idea to arm yourself with as much truth as you can--that way, when a debt collector lies to you, you wont get suckered in.


Quote:
My insurance agent is also looking into the matter. Can they continue to call since I have asked them not to?


This is a matter of opinion, but since you asked for validation, the law states that they are not allowed to make collection calls to you until they properly validate. Sounds to me like they have not done so, but I cannot be sure until you tell us more about what they did send you. Get back to us about what they sent and we can go from there--if they did not properly validate, then its time to send them another certified letter.


Submitted by skydivr7673 on Tue, 10/02/2012 - 10:10

skydivr7673

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The sent me a letter stating this:

In an effort to provide verification, we have listed below a summary of the charges on the account and any applicable fees or interest. Also enclosed are billing statements provided by our client that confirm the charges. Should you have any further questions regarding this account or if you wish to discuss payment arrangements, please feel free to contact us at the number listed below, We look forward to helping you resolve this matter.

Creditor:The Hanover Insurance Group Inc.
Amount $266.18
Interest and Fees: 0
Total$366.18

Along with that letter is a "billing inquiry" from the insurance company.

Any advise?


Submitted by Hockey Mom on Thu, 11/01/2012 - 17:35

Hockey Mom

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