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Zwicker And Associates after 4 years (Help)

Date: Wed, 08/17/2005 - 10:01

Submitted by anonymous
on Wed, 08/17/2005 - 10:01

Posts: 202330 Credits: [Donate]

Total Replies: 2

Zwicker And Associates after 4 years (Help)


Last night I arrived home and had a message on my answering machine from Zwicker and Associates. I called them back and they informed me that I had a past due balance on a credit card from 2002 for over $1000.00 I've had only one credit card in my life and the limit was for $200.00. I never went over the limit, however I did get strapped for cash (I was young and unemployed) and eventually lost track of the account and card.

I have no idea what to do with this. i am getting married in a 2 months and I do not have a penny to spare. What can they do...and how can the amount owed be over $1000.00???

Any suggestions? I don't even know how they got my phone number, it's not listed under my name...


Hi Mike,

As you are not sure about the credit card debt, you can send a letter to the agency, who has called you, to justify their demand, because debt validation is your legal right.

If they send you some written document showing some valid proof that you really owe the debt, mentioning all the details of the account, then only you need to pay back the amount.

You can also define the mode of communication as you like and they are bound to follow your choice according to fdcpa.

The following links can help you to know more about your rights to deal with collection agencies ???

http://www.debtconsolidationcare.com/validation.html

If you have any more questions, please ask in the forums.

Regards
Bryan


lrhall41

Submitted by 4u.bryan on Wed, 08/17/2005 - 10:54

( Posts: 819 | Credits: )


Hi Mike,

Welcome to the forums. You can pull your latest credit report from the three bureaus and confirm about this account. I believe that this account will not appear in your credit report as you have mentioned.

Most of the times, the collection agencies end up contacting a wrong person while trying to recover a debt. Though calling a person for valid reasons is not restricted as per the fdcpa law, but it becomes illegal after you have mentioned that you are not the person they are trying to contact.

Please ask them to validate the debt which will prove if they are having your accounts on legitimate reasons. They are required to identify the following points in the said debt:


  • 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 are unable to prove the said debt and are wrongly reporting to the credit bureaus, you have the legal right to take action against them as it is causing financial injury.

You should not feel tensed at this moment as you are aware that the mentioned debt is not valid. You have the protection under the FDCPA and can sue them up to $1000.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 08/17/2005 - 11:16

( Posts: 4009 | Credits: )