Need help, bogus contract... Noah_Bodie? Tuscani? Anyone?

[jschaffer]

Ok, so a while back I got a collection notice from Western International University (an arm of University of Phoenix). I never attended WIU, I attended Axia. I paid back all I owed to the student loan company that gave me my loan, but then WIU sends me a notice that I owe them money.

Anyhow, I DV'ed them, (not knowing what I know now) and as proof that I owe, they sent back a contract in which they typed my name on the signature line. Now I have a lot of papers I signed and faxed into Axia. None of which include the bogus contract that WIU sent me. None of which also could even potentially allude to the bogus contract I got mailed to me.

So anyhow, I responded to them with a letter basically saying that they're out of their friggin' minds if they think they can legally collect on that. They also hired a collection agency at the time whom I also cc'ed that same letter to.

They went away for a while, nothing has been put on my report, so I figured I had prevailed. Well anyhow, yesterday I get a letter in the mail from another collection agency trying to collect.

How do I get rid of these scammers once and for all? It's a bogus contract, I never ever even came close to signing anything like it. I will NOT pay it.

I C&D'ed the collection agency, and disputed the debt at the same time. I'm not afraid of them taking me to court because I have documentation that I do not OWE this bogus debt.

What would anyone advise I do? Do I send and ITS to WIU if they continue to try to collect?

[Junejer]

JSchaffer:

More curious than anything...what is the relationship between Axia and WIU? Anything? If nothing, I would probably send a FOAD letter. Experts should be along momentarily though.

[jschaffer]

Axia is another arm of UOP, just like WIU is.

[Anonymous]

You should just tell them you OWE nothing to "whatever CA" name is, state your debt was paid to OC; request DV w/your signature (don't sign it either by the way, just type your name) I hear some are putting signatures into docs.  Leave it at that, remember to include though that you do not expect anything on your report - I'm sure there are form letters in here to use

[jschaffer]

Bump!

[Anonymous]

You should not have sent a C&D !!!!!

Send them a DV    Do not sign your name  just type it     CMRRR!!!!

Make all the changes needed

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name

[jschaffer]

Why would I want to DV the collection agency when I'd rather fight the OC. Especially since I know it's definitely bogus. I have documented proof that they falsified a contract and that they are just trying to milk me out of my money.

I'd rather just get rid of the collection agencies (C&D) and take the fight straight to the OC. Or is that a bad strategy?

[jschaffer]

Phew! I looked through my "to do" basket at home and realized my wife actually has not mailed out my letters yet. So I actually have a chance at rewriting per advice...

Anyhow, as for the question in my last post above this one...

Does anyone have any answers on that??

Thanks

Bump!

[Junejer]

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@jschaffer wrote:
Why would I want to DV the collection agency when I'd rather fight the OC. Especially since I know it's definitely bogus. I have documented proof that they falsified a contract and that they are just trying to milk me out of my money.

I'd rather just get rid of the collection agencies (C&D) and take the fight straight to the OC. Or is that a bad strategy?

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Jschaffer, by DVing the CA, you will get rid of them if they cannot validate (which according to what you have they can't). You can still fight the OC. Just keep good records of the violations--$1M, $2M, $3M. Count your money man.