I requested verification of a debt two weeks ago. I didn't deny I owed the company, but did deny the original amount listed with the collection agency, and requested proof of how they arrived at the large mount in late fees and interest.
Although this company was sending me mail at least twice a week, I haven't heard from them since sending the letter, and this is the third week now. I made the request within the 30 day period mentioned in the letter, so I should have received something via mail by now shouldn't I?
How much time do they have to get back to me with the information? My credit report shows the ORIGINAL debt I owed with late fees August 2006 was $7000(it was much less than that), one month later, it showed over $11,000 September 2006.
I also noticed, that although I have debt with other collection agencies, only this collection agency appears on the first page directly under "public records" listing the debt I owe.
2006-09-29
12:08:01
·
6 answers
·
asked by
Anonymous
in
Business & Finance
➔ Credit
Why is their information listed differently? I assume this means they are close to taking this to court. What does everyone think of the above? I can't afford a lawyer, and I'm currently unemployed for medical reasons. Are there any agencies which provide free legal assistance?
2006-09-29
12:08:31 ·
update #1
Also, the collection agency received my letter three weeks ago, by certified mail, and I did receive a copy of the signature.
2006-09-29
12:10:41 ·
update #2
give it 30 days and then send a second validation letter. say they didn't respond to the first and that if they don't respond you will go to your attorney general and make a complaint. after you send the second letter, file a dispute with the credit bureaus saying that the creditor will not respond and demand the removal of the trade line.
2006-09-29 15:11:26
·
answer #1
·
answered by bella_4624_19 4
·
0⤊
0⤋
To the best of my knowledge, they have 30 days to prove the debt; but that isn't where you should begin at this point. Contact all three credit reporting bureaus, TransUnion, Equifax & Experian. Get a copy of your credit report. They will supply you with the phone #'s to call them. Make an official declaration of the debts you disavow & the reasons why & the amount you believe is accurate. They will in turn begin the process of "proving" the debt. If it cannot be proven, the debt is illegitimate.
I suspect that you didn't read the lil print on a credit card. If you are late or miss one payment or go over your limit & so on, you then agreed to higher rate or huge fees of which you speak.
Public record usually means that the company has gone to court & filed for relief from the debt via a judgement against you. If that has occurred, you had the opportunity to go to court & dispute the debt. The judgement will have to be paid at some point because it is at that point an "order of the court". The good news is that if you or a credit counselor or an attorney contacts them, have money in hand & the ability to get to a Western Union the same day, you can negotiate for them to accept less than the amount showing owed, i.e., debt is showing on their books as 11000, you offer 10 cents on the dollar to begin & you will pay them immediately via certified funds, they will go back & forth with you but eventually you will arrive at a figure that is mutually beneficial to you. BUT YOU MUST demand that part of the deal is that it is accepted as payment in full not a profit & loss write off. Also, anytime that they agree to a lesser amount, let's say you offer 1000 & they say, No but we'll take 8000, ask them to fax that offer to you & you'll look over it. The reason for this is that you will already have their commitment to less than the full amount & that is the new beginning point. Keep going until you get to a figure you can truly afford to pay.
I'd suggest you see a free credit counseling service. Any of them that charge money for their services are no good. Good luck.
2006-10-07 10:11:51
·
answer #2
·
answered by angels02_2006 2
·
0⤊
0⤋
Does this help?
§ 809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(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.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
2006-09-29 13:39:42
·
answer #3
·
answered by STEVEN F 7
·
0⤊
0⤋
They have 30 days to respond to you, good thing you sent it certified. Being right under public records doesn't mean anything, that's just the way it's listed. If it's jumping from 7K to 11K you really need to get it under control, and fast. Send another letter informing them you are contacting an attorney (which I really would do), make sure you mention everything you want from them, along with the amount of interest they're adding. Keep good records. Good Luck.
2006-09-30 05:02:55
·
answer #4
·
answered by NETTA M 3
·
0⤊
0⤋
i dont think they have a time limit to get back to you and if i was you and wanted to keep your payment history in good standing to see if they would settle for the actual amount in payments or ask them to consider it a charge off which shows on your credit but most creditors will overlook that because the company took a write off on their taxes and the signature delivery of your request i would go back to the post office or wherever you sent it from and have them do a search for the letter you sent
2006-10-06 17:35:14
·
answer #5
·
answered by straighteight 1
·
0⤊
0⤋
It can take up to 60 days for you to recieve any information about your credit question.
2006-09-29 13:41:01
·
answer #6
·
answered by cargrl 3
·
0⤊
2⤋