Allied Data Corp
Date: Mon, 07/18/2005 - 12:35
Allied Data Corp
Hi getme1985 Welcome to the forums. First of all, please don'
Hi getme1985
Welcome to the forums. First of all, please don't let your debt collectors feel that you are finding yourself in a helpless situation because they want to take the full advantage of your fear and as a result, you start paying them hurriedly.
Please follow my advice and I feel that my suggestions will help you in handling your collectors bravely.
Please do not get intimidated. They want to build the fear in you through their fierce action by threatening you. As long as you are willing to pay, they won't take the matter to the court because they will have to bear the court expenses there. Also, taking the matter to the court will not help them to recover the money from you quickly.
Ask them to validate the debt. debt validation is your legal weapon by which you can ask the collectors the details of your accounts. They need to provide you the following details. If they are unable to provide you the said information, you are legally not required to pay them as they are not authorized to collect the debt from your point of view.
- 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.
After they have provided you the details of the said debt, you are required to pay them. Arrange for a payment plan which is suitable to your present financial situation. Most probably, they will accept your payment plan because their business functions if the consumers are willing to contribute to their debt.
As they are threatening and demoralizing you, please inform them that you are recording all the telephonic conversation because it is violation of the fdcpa law and will file a complaint against them at the FTC. Next time, they will treat you in a dignified way because they will realize that you are aware of your consumer rights.
Also, make sure that you do all the communications through certified mail with return receipt requested because it will prove your efforts made towards your payments.
Do let me know if you face any problems in between
Regards
Roxette
Take the advice of Roxette. Validation is the best thing right n
Take the advice of Roxette. Validation is the best thing right now and also a cease communication letter to get them to stop calling you! It is pressure tactics!