10-09-2012 11:52 AM - edited 10-09-2012 11:55 AM
CA/JDB? West Asset Mgmt
Terms: 1 Months
Monthly Payment: $0
Credit Limit: $29
High Balance: N/A
Recent Balance: $29
Recent Payment: $0
Date Opened: 04/2012 (this is definitely wrong)
Date of Status: 07/2012
Reported Since: 07/2012
Last Reported Date: 09/2012
After the 2nd DV I got a form letter back listing the $29 due with old bills attached (about 6+pgs long each). Funny thing is they included someone else's bill in the package (I noticed this after the jack attack).... so i sent the below letter:
Dear West Ass,
I requested Debt validation regarding the above account on 2 different occasions, and have the return receipts.
On (date), I received your reply and account statement - only problem is, the account statement does not list the account you state I owe, it is for someone else in a different state. Namely, Stan X in Texas (attached).
You have failed on two occasions to prove that the account even exists and what I owe, but yet you have verified this debt with Experian Credit Reporting Agency.
1) Failure to perform a reasonable reinvestigation.
2) Continued collection activities with validation or notice of dispute to the credit reporting agencies.
3) Third Party Disclosure law violations against Stan X
If you think a $29 debt is worth a risk of $2000+ legal fines, please go for it.
My lawyer likes those odds, I doubt yours will.
You have 10 days to delete the above mentioned account with any and all credit reporting agencies.
Well West Asset just sent the package again without Stan's bill.
What do I do?
10-09-2012 12:54 PM
First and foremost, Don't play hard ball or threaten a CA. You've got to kill them with kindness! I had a collection with West Asset from sprint for $704. I got a call from them looking to settle. I asked to speak to a supervisor who was very friendly and agreed to do a PFD for the full amount. I sent them the full amount and within 1 week I got a letter which read:
This letter certifies that West Asset Mgmt acknowledges that we have asked the three major credit bureaus to which we report (Experian, Equifax, and TransUnion), to remove any and all derogatory information regarding that above mentioned account from their records if it were to be reported. Please allow up to 30 days for the credit bureaus to delete information from their systems.
When you find the right contact, kill them with kindness. Don't threaten the CA, 99.9 % of the time you'll lose!
10-09-2012 01:20 PM - edited 10-09-2012 01:22 PM
Thanks for your input.
I guess I'm just afraid that admitting that it's my debt might set me back, if I'm not lucky enough to come across a nice supervisor....
Wait, you paid them before you got written agreement? or am I reading that wrong.
10-09-2012 01:25 PM
Yes. It was a verbal agreement over the phone. I took her word for it and I just wanted that collection gone. And thankfully, she kept her word and it was removed within 30 days!
10-09-2012 02:24 PM
A debt collector is under no statutory obligation to provide debt verification. It is their right not to respond. If the DV was timely, their obligation is to desist in any collection on the debt until they decide to provide the requested verification.
They are only required under section 809(b) to obtain verification and mail statement of having obtained such to the consumer. They are not required to prove the legtimacy of the debt, or provide supporting documentation under the simple provisions of section 809(b). To assert that they provide more requires an interpretation of section 809(b) that can only be provided by a court determination.
If you consider their verification to be inadequate, that is the same as no verification. Any statutory violation on their part would occur if and when they resume collection on the debt without providing what you consider to be adequate verification.
If you threaten legal action, it is best to have some statutory support.......
10-09-2012 04:11 PM
Sorry I should have mentioned that they included a notice about how I should dispute validity of the debt with 30 days. Does this mean the clock has been reset and they are bound to the 30 day rule again? Confused
10-10-2012 01:42 PM
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