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Help Please - What Info should a Debt Collector Provide

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Anonymous
Not applicable

Help Please - What Info should a Debt Collector Provide

Hello,
 
I have been a lurker for a while and come to trust a lot of the information that I have seen on these boards. So far my score has been improving and I am still going.
 
With that intro out of the way here is my issue...
 
Last month I got a call from a debt collector regarding an old bill that was assigned to them in 2003. I recognized the name of the original company and know I was a co-signer on an account and it probably is valid. With that in mind I made a payment of $100 on a $3500 due account. ($1800 principal $1700 interest) At the same time I requested a receipt be mailed for my payment along with a copy of the account details.
 
What I was looking for was confirmation in writing that they owned the debt, what the interest rates are, principal/interest breakdown etc. What they were able to send was a short 1 paragraph letter stating my balance is $3400 with a handwritten note to the side noting my $100 payment. This was after 3 phone calls. The agent I am working with has offered to provide anything via phone, e-mail, or fax but for some reason can't send it in the mail. This just doesn't "feel" right anymore.
 
What type of information is the debt collector legally required to provide me with? Now that I made a payment and am starting to question the validity of the debt did I do more to screw up my report? Should I contact the original creditor who according to the debt collection agency has written it off?
 
Any advice or links to find this information will be very helpful.
 
-Aaron in AZ

Message 1 of 6
5 REPLIES 5
fishbjc
Senior Contributor

Re: Help Please - What Info should a Debt Collector Provide

They'll be someone along to help you out.  I don't know if I mentioned this before, but my son is an IT specialist for a debt collection agency in North Carolina (Durham Area).  If anyone needs any information, I'll be happy to pass the questions along to him for answers.  What he does not know, he can find out.
 
I know they just fired a few collectors for using 'improper collection' techniques.   Nice to hear that some agencies are following the rules.  It's my understanding that the collector also works on a fee.  If he collects for the agency, he gets a 'bonus', that's why so many of them are such p*****!
 
 
 
Message 2 of 6
Anonymous
Not applicable

Re: Help Please - What Info should a Debt Collector Provide

Hi Aaron, welcome to the forum. There's a wealth of information here to help you.

Firstly, NEVER, EVER talk to a CA(collection agency) on the phone. Do NOT make any kind of commitment until you have all, and I mean ALL the facts before you. Right now you don't.

For someone to back peddle on something as sending you things in the mail, you ARE correct. Something smells fishy. It's the CA. They will say or do anything to entice you to give them your money. Refusing to validate your debt, in writing in the mail. Interesting. That in and of itself MAY be a violation of the FCRA. But I'll let others with more experience than I comment on it.

IMO, you need to determine who exactly owns the account. The original creditor, or did they sell it to the CA?

Many people here, myself included have been very successful in making contact with OC and leaving CA out of the picture. But this only works when the OC actually still owns the account.

I suggest you call the OC and find out if they still own it. If they do, then you can negotiate with them to pay for deletion of the baddie on your account.

And if you do have to contact the CA, do it ONLY via U.S.P.S. Always it should be sent CMRRR(certified mail, ret. receipt req.)

I'm sure others will chime in on their thoughts shortly. Let's talk about this a whole lot. You'll learn a ton of needed info to help you. Smiley Happy
Message 3 of 6
Anonymous
Not applicable

Re: Help Please - What Info should a Debt Collector Provide

Anyone else care to comment? Or can you give me a link to another resource?
Message 4 of 6
llecs
Moderator Emeritus

Re: Help Please - What Info should a Debt Collector Provide

Aaron-
 
Read and study these forums.
 
Read also the FDCPA. The Fair Debt Collection Practices Act governs how CAs operate. Try DVing the CA. Some people might disagree with me here, but by law, the DV applies only the first 30 days of the initial collection. At the bottom of the first collections letter you received, the CA stated that you have 30 days to dispute and so on. Well, that was mandated by the FDCPA. If you had DVed within the first 30 days (CMRRR) then they cannot call you or report to the CRA until they verified. The FDCPA only allows for verification of the OC, the amount owed, and address of OC. You won't hear from them again if they can't do this. What if the 30 passed since receiving the initial letter? They don't have to respond to the DV (some may disagree with this). However, the CA is looking for an easy kill. I've had great success removing collections off my report long after the 30 days by sending a DV to the CA. Some CAs responded that they will no longer pursue my case. Others never responded at all and deleted the credit item. Yet, one other said they don't have to respond to anything I send them and continue to report.
 
Now since you paid them and they may have or may not have recorded any phone conversation with you, you could try to PFD. You could tell them that you still dispute this but if they delete the item off your reports, and they agree in writing, then you will send X amount to settle this debt. You see, if you pay the debt, it'll stay on your report until the CRTP is up (7 yrs since first deliquency).
 
It can't be said enough: don't talk to a CA over the phone.
Message 5 of 6
llecs
Moderator Emeritus

Re: Help Please - What Info should a Debt Collector Provide

Forgot to mention: some states have their own version of the FDCPA which could put more restrictions on the CA.
Message 6 of 6
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