A case of mistaken identity
Date: Thu, 06/09/2005 - 11:40
Hi Lisa
Hi Lisa
Welcome to the forums. I believe that you have the documentation of Experian which states that the mentioned debt is not yours. Please send a copy of it to the collection agent along with a driver' license or your social security number to prove that you are not the actual person owing the debt.
The collection agent will verify your details and after completing the verification, they will return your account back to the creditor and stop all collection efforts. The agency will not inform you about this action done with the creditors.
Please send one letter of dispute to them to make this action legal with return receipt requested.
Initial Debt Collection Dispute Letter
Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
Dear {insert name of collector or company},
I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) because I do not believe I owe what you say I owe.
This is the first I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:
(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.
I respectfully request that you provide me with the following information:
* (1) the amount of the debt;
* (2) The name of the creditor to whom the debt is owed;
* (3) Provide a verification or copy of any judgment (if applicable);
* (4) Proof that you are licensed to collect debts in (insert name of your state)
Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:
* because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;
* You cannot add interest or fees except those allowed by the original contract or state law.
* You do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the fdcpa;
Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.
I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act ?? 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.
Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.
Signature here
Your Printed Name
If you don't hear from them in 30 days, please send a follow up letter in this format.
Follow Up Debt Collection Dispute Letter - Same Collector
Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
Dear Collector,
I am writing in response to your {letter or phone call} dated {insert date of letter or phone call}, copy enclosed.
On {insert date of initial dispute letter} I sent you a letter explaining that I do not believe I owe what you say I owe and, in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g, Section 809(b): Validating Debts:
(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.
I must remind you that in my previous letter I requested the following information:
* (1) the amount of the debt;
* (2) The name of the creditor to whom the debt is owed;
* (3) Provide a verification or copy of any judgment (if applicable);
* (4) Proof that you are licensed to collect debts in (insert name of your state)
I also requested that if you have reported me to any credit reporting agency, that you inform them that I have placed this debt in dispute and to provide me with proof that you have done so. Furthermore, I asked that you immediately send a copy of that dispute letter to the company (creditor) that you say I owe money so they are also aware of my dispute with this debt.
As of today, you have failed to respond to my requests! For your convenience, I have included a copy of my previous letter and a copy of the mail receipt showing that you received my letter on {insert date from mail receipt}.
Since you have failed to respond I assume that you have been unable to validate the debt and therefore, I consider this matter closed. You may consider this letter your official notification that I do not intend to correspond with you on this matter again unless you comply with my requests, the FDCPA and the FCRA.
I must remind you that any attempt to collect this debt without validating it, violates the FDCPA and that I am recording all phone calls and keeping all correspondence concerning this matter. Be advised that I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the national Better Business Bureau.
Signature here
Your Printed Name
Please note that you keep all your correspondence intact. Always send dispute letters by "official mail - return receipt requested". After verification, I am sure they will find this debt to be invalid and will stop all the collection efforts.
Please let us know the course of your action.
Regards
Roxette
FDCPA
Hello Lisa,
Welcome to the forums.
There are certain restrictions as to how a debt collector can deal with a debtor. According to the Fair Debt Collection Practices Act, a collector cannot harass, or resort to unfair means for debt collection.
As a consumer, you enjoy certain rights, which protects your from such harassment. To be well informed about these rights, please read the relevant article:
http://www.debtconsolidationcare.com/fdcpa.html
You should also enlist your name in the National Do Not Call Registry. This will restrict the collection agency from repeatedly calling and harassing you.
Hope you find this information helpful.
Please feel free to return to this forum, if you have any further queries.
Regards,
Peter
Re: A case of mistaken identity
OK, the info you've posted does help BUT I didn't notify them in writing. I now know I should have done that but this was so unexpected I only verbally requested the validation. Am I screewed?
Thanks, Lisa
Hi Lisa,Welcome back. Please make sure that you approach the
Hi Lisa,
Welcome back. Please make sure that you approach them in written and and in a legal way. Please do all your correspondence through certified mail with "return receipt requested". You can still retaliate by your positive move while dealing with Bally collection agency.
Please do let us know the course of your action. We will appreciate your active participation in the forums by signing up in the forums for completely free of cost at the sign up page.
Regards
Roxette