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My parents have received a letter from the above debt collectors, ordering them to pay a sum of money taken out with capital one. My parent are very old time and only have debit cards, therefore they obviously havent taken out this loan. Company said that a person with the same name and date of birth had taken out the loan but the address given was a place my parents hadnt visited. When they called the company to find out what it was all about the gentleman in the call centre was very abrupt and wanted a copy of there signature. He ended up putting the phone down as my parents were giving him as good as they got. can anyone advise me on what the best thing woukd be for them to do next. Thank you.

2007-04-07 06:22:30 · 2 answers · asked by melodycool 2 in Business & Finance Personal Finance

2 answers

I'm not sure where your parents are located - I have my settings for USA only and your question shows up.
By the way you spell certain words, and also I've never heard of that collection agency, unless it is a small local agency - I'm just wondering if your parents live in another country?

Without knowing for sure where they live, it's hard to say what their rights are and how they can enforce them.

If they live in the U.S. they should send the collection agency a debt validation letter. Do not let them sign that letter - type in their names only.
They should also send it certified mail return receipt.

Make the collection agency "prove" that it is their debt.

NEVER - EVER send a collection agency a signature example !!!!!!!!!!!!!!!!!!!
Signature's have a sneaky way of jumping from one paper to another currently unsigned paper.

Never speak with a collection agency by phone, always communicate by mail - create a papertrail.

That should get your folks started - if they live in the U.S.

If they live in the U.S., you might click on my profile and do some reading in the links I have provided - to the FDCPA, FCRA, etc.

If they live in another country, you would have to check the laws where they live to find out what their rights are.

2007-04-07 15:44:33 · answer #1 · answered by echo 7 · 0 0

If you are in the UK its a criminal matter and you should report the fraud to the police and get a crime reference number. Then you need to report it to Capital One - make sure there is no open account with them.

You need to demand proof of the debt from Capital One and the debt collector.

Bear in mind that Capital One are responsible for the actions of their agents (the debt collection company).

2007-04-07 21:26:55 · answer #2 · answered by ? 1 · 0 0

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