Hello All,
First I would like to say thank you. I have been reading myFICO posts for the last 5 months and as a result my credit scores have gone from the low 500s to the low and mid 600s. Now, I have recently ran into an issue that I have not found enough information on the boards to confidently handle without some suggestions. Please help. Out of the blue a collection agency named CreditSmart has been calling my business issued cellphone, literally, 6 times a day in attempt to collect a bill that 1. Is past the SOL in California 2. Is past the DOFD (I think, close to if not. I have not seen it on either CR since I have become responsible for my credit). Upon speaking with their rep I requested a DV letter. I did receive a letter but I don't believe it qualifies as a DV. The letter states OC, amount they are attempting to collect (no where do I see OC billed amount) and settlement options on the bottom portion of the letter. Because I have learned so much from the boards (thanks again) when I found out they were in New York I began researching NY laws governing CA. According to nyc.gov/consumers they have violated all of the following laws:
Debt collection
agencies must include their DCA [Department of Consumer Affairs] license number in all letters sent
to you. [No such number appears on letter received, though I am not sure if this pertains to me because I reside in California]
Validation must include:
• the name of the original creditor
• the amount of the debt
• information about your right to dispute the debt [ Letter I received did not include this information]
The debt collection agency must send you validation within five (5) days
of contacting you. [Was not dated or post dated within 5 days of conversation or their first attempt to reach me by phone]
Verification must include: [ I specifically requested a DV and stated that they must do so before I may speak with them regarding this bill. I have not received any letter that resembles such but still receive 6 calls/messages a day].
• a document from the original creditor that shows you made the
purchase and owe the debt
• a copy of the final account statement from the original creditor AND
a document that lists:
» the total principal amount you owe (The principal may be
either the original amount borrowed OR the part of the
amount borrowed that remains unpaid minus any charges or fees.)
» each additional charge or fee you owe that separately lists:
* the total for each charge or fee and the date each was incurred
* description of why you must pay the additional charge or fee
Once you request verification, a debt collection agency may not contact
you to collect the debt until it sends you verification.
If the statute of limitations on the debt is expired, [Violated , this information is no where on the letter received]
the collector must disclose this information to you, along with
information about your legal rights. The statute of limitations is the
period of time that a creditor or collector can sue you in court to collect
the debt.
If the statute of limitations expired, by law, the collector must include in
the collection letter the following statement in at least 12 point type and
in a color different from other text:
“WE ARE REQUIRED BY LAW TO GIVE YOU THE FOLLOWING
INFORMATION ABOUT THIS DEBT. The legal time limit (statute of
limitations) for suing you to collect this debt has expired. However, if
somebody sues you anyway to try to make you pay this debt, court
rules REQUIRE YOU to tell the court that the statute of limitations has
expired to prevent the creditor from obtaining a judgment. Even though
the statute of limitations has expired, you may CHOOSE to make payments.
However, BE AWARE: if you make a payment, the creditor’s
right to sue you to make you pay the entire debt may START AGAIN.”
A debt collection agency may not: [All of the following have been violated]
• claim the debt owed is greater than it is
• claim you can be sued if the statute of limitations expired
• call you before 8 AM or after 9 PM or more than twice a week if the
collector has made contact with you
• contact your employer, family, friends, and neighbors for any reason
other than to locate you. Collectors cannot discuss the alleged
debt with anyone other than you. [ I continue to receive calls on phone I have told them is work issued. The messages they leave state to the effect of: this call is for (my name) regarding a bill and call them back to stop collection efforts. My voicemail also states clearly they have reached my line @ ABC company, etc.]
So now that you get the gist without further adieu, here are my questions:
If I send them a cease and desist letter (Is that the letter that I should send?) should I threaten to sue? Or that I will make a formal complaint with NY DCA, or FTC? Or include all of them?
Should I include all of the list above of violations or just make a general statement that they have violated several laws governing them.
Do I need to do more research and find the title and code etc of each law violated and include that information in letter?
Should the cease and desist letter stop them from further contacting me (on my work phone, most importantly) and prevent them from putting this bill on my CRs?
Thanks so much for any assistance you may provide me.
TU 571 EQ 553 EXP 537 (5/2012) lender pulls
TU 653 EQ 602 (9/2012) myFico
TU 690 EQ 614 (10/2012) myFico
TU 690 EQ 632 (11/2012) myFico
Rebuilding again. This time I will!
TU 579 EQ 568 EXP 586 (2/2016) myfico
Starting Score: 7/12 545 EX (PSECU)
