Help! I was contacted by a bill collector who stated that I owed about 1600 dollars to a credit card company. The bill collector kept saying "so are you going to pay it???" I said "I guess". I didn't realize until afterwards that she was trying to trap me. I checked my credit report and called the credit card company and it turns out the card doesn't even exist!!! I have asked the credit card company to send me a letter stating this. When I notified the bill collector they stated that it doesn't matter. Because i told them that I would pay, I legally have to and they will sue me if I don't! I asked them to send validation of the account and they refused. I also asked them to send me information on how to handle this and they refused. What do I do??? Will they really sue me?
2007-01-19 21:06:51 · 7 answers · asked by indiechick 5 in Business & Finance ➔ Credit
no way. tell them you rights. get a hold of the bank and don't leave them alone until you get proof the debt is not yours. (keep records of everything) tell the collector you know that you cannot be sued for a debt you never occurred,(even if you mistakenly said you would) and if he is to communicate with you in writing (send a certified letter to follow this up). do not talk to him on the phone again. tell the credit card company you will sue them if the collector does not get off you back with this extortion scheme. get hold of a copy of the fair debt collection act and know your rights and what to do.
2007-01-19 22:18:44 · answer #1 · answered by Jen 5 · 0⤊ 0⤋
They're full of crap. There are plenty of shady collection agencies (Allied Data comes to mind right now) that will try to trick you into paying debts that are either not yours, or that you have already paid. What you said on the phone does not mean squat, and they won't sue either because it's civil court and even if they won, there's no way to force you to pay. Tell them to provide you with proof of the alleged debt, and then send them a cease and desist letter to stop them from harassing you on the phone. I put the link for the letter below. If they can't provide you with proof that you believe, then no way do you have to pay. One warning though, they WILL report it on your credit. Fraudulent reports like this are easy to get removed though, have had it done several times. Be sure to obtain copies of your credit report from all three (Experian, Equifax, and TransUnion) in a month or so, and look for this to appear on there. If it's there, dispute it immediately.
2007-01-20 13:16:57 · answer #2 · answered by Jadalina 5 · 0⤊ 0⤋
First of all, never talk to a collection agency on the phone! The only thing that matters is whats in writing. Under the FCRA, they MUST provide proof of the debt...but asking them to 'send validation' means little unless it's in writing. Send a letter to them requesting validation and send a copy to your BBB. Tell them you don't owe the debt and not to contact you again regarding it. They cannot sue you for a debt you don't owe. And don't say 'I guess'. You might inadvertently agree to pay a debt you don't owe! Another good reason to stay off the phone. Wait until you see the debt before you agree to pay anything.
2007-01-20 02:42:25 · answer #3 · answered by Kevin K 3 · 0⤊ 0⤋
Tell them to go ahead and sue you and if possible get recorded proof each time they call you. Ask for the name of the person who is calling you and get an address of where they want the money sent. It sounds like a scam to me. Turn them in to the Attorney Generals office of what ever state they are operating from. You might want to tell them you are doing this also. It will probably back them off.
2007-01-20 00:06:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Notify them in writing that you do not intend to pay (for the reason stated). Also inform them that all further communications with you are to be in writing. Then let them sue.
Or, you may want to hire a lawyer and sue them first for what is basically attempted theft by deception.
2007-01-20 00:13:18 · answer #5 · answered by sdc_99 5 · 0⤊ 0⤋
The easy way out is to ignore them and just hang up on them. They will not sue you. Don't admit to anything, don't be rude, just hang up. If they persist, ask for the manager and tell him nicely not to call.
2007-01-20 02:38:32 · answer #6 · answered by R M 2 · 0⤊ 0⤋
no
and with no proof they could be sued for extortion.........
2007-01-19 21:32:49 · answer #7 · answered by cork 7 · 0⤊ 0⤋