collections
Date: Tue, 07/05/2005 - 14:01
collections
What is my course of action, as I just do not have any information confirming.
Hi Charles Welcome to the forums. Please be relaxed and you
Hi Charles
Welcome to the forums. Please be relaxed and you don't need to worry about the alleged debt for which the collectors are making the claim. There is no such law that requires you to start paying on the unproven debt.
If this debt had been legitimate, then it would have appeared in your credit report till now. The Fair Debt Collection Practices Act prohibits the debt collectors from using any sort of unfair or deceptive means on the consumers
Please write a letter to the debt collection agency stating that they are violating the consumer rights as per the fdcpa law and are required to stop all methods of communication with you. They are only allowed to send one letter stating the validity of the said debt which will include the following details.
- The details of the account.
- All the calculation should be shown of the amount that is owed.
- Any copies of the papers to be furnished that shows the payment agreement.
- Provide a verification or copy of any judgment if applicable
- The original creditor needs to be identified.
- The Statute of Limitation needs to be proven for the collection of the debt.
- The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
- Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
- Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
- A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.
If they can't validate the said debt with the following details, you have your consumer rights under the FDCPA and file a case against them. Please send all your correspondence through certified mail with return receipt requested to have valid proof.
Regards
Roxette