Advice on proper way to handle.

[oceanlover]

I've been telling one of my friends about this cool forum and all the wonderful things I have learned. So tonite, she calls me up and ask for advice.

Back around January she noticed an account on her CR from Cingular Wireless. She doesn't have an account with Cingular Wireless. So she called them up. They stated that she had authorized via telephone for someone else to get this account. They have the person who got the account on voice recorder and the person who called as her on voice recorder. My friend tried to explain to Cingular that was not her voice. In fact it was her niece's husband(then boyfriend) who called to get the phone and then her niece who called in as her to authorize it. She approached her niece about it and she admitted to it and said she'd pay it. Cingular states it is her account and nothing they can do. They have the right to accept over the phone verification and that she called in. She never disputed her CR, just kind of let it go and gave her niece time to take care of it. (Dumb move, I know)

She never heard anything more and figured her niece took care of it.

A few days ago she got a letter from AFNI Collections. Stating that she owed $940.07 from the original balance and $140.00 in collection fees.

This is what I have told her I think she should do.

1) Dispute with all 3 CRA as "not mine"

2) DV the CA.

Is this the course of action she should take?

Are CA allowed to add "collection fees" to the account balance?

Thank You

[SmartCookie]

That's what I would do regarding the credit fix at least.  It's my understanding that yes fees can be charged under certain guidelines.

Make sure she disputes off of paid reports and hopefully this will put it to rest.  She also might want to put a fraud alert on her CRs if her niece used her SSN.    

As for the niece, if I were her aunt I'd make her pay ME and keep her to her word.  Then I'd go shopping.   

And yeah this forum is the best!

[Anonymous]

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oceanlover wrote:

I've been telling one of my friends about this cool forum and all the wonderful things I have learned. So tonite, she calls me up and ask for advice.

Back around January she noticed an account on her CR from Cingular Wireless. She doesn't have an account with Cingular Wireless. So she called them up. They stated that she had authorized via telephone for someone else to get this account. They have the person who got the account on voice recorder and the person who called as her on voice recorder. My friend tried to explain to Cingular that was not her voice. In fact it was her niece's husband(then boyfriend) who called to get the phone and then her niece who called in as her to authorize it. She approached her niece about it and she admitted to it and said she'd pay it. Cingular states it is her account and nothing they can do. They have the right to accept over the phone verification and that she called in. She never disputed her CR, just kind of let it go and gave her niece time to take care of it. (Dumb move, I know)

She never heard anything more and figured her niece took care of it.

A few days ago she got a letter from AFNI Collections. Stating that she owed $940.07 from the original balance and $140.00 in collection fees.

This is what I have told her I think she should do.

1) Dispute with all 3 CRA as "not mine"

2) DV the CA.

Is this the course of action she should take?

Are CA allowed to add "collection fees" to the account balance?

Thank You

---

Does she know if they recorded her conversation???  I hope that she didn't tell them that she knew who called!!!!!

Never admit anything!!!!  she knows that she never ordered the service!!!!

Dispute with all CRA as NOT MINE that show OC and CA

At the same time DV the CA   CMRRR

Always remember  NEVER sign any letter to this OC or any CA. NEVER talk to either anymore,everything in writting!!

Usual all you need is a simple DV letter asking for complete info. on the account & asking who ownes the account.

I would send this letter to the CA    It is more detailed.The CA has 30 days from receipt to answer it. IF they do not they must stop reporting!!

Make any changes needed...add your state name in 2 places.

August 26, 2007

Jones Collection Agency

222 1st Street

Noplace, FL33333

Re:      Account #:                   5555555

            Original Creditor:         Smith & Smith Corp

Dear Sir or Madam:

This letter hereby notifies you that the validity of this debt is in dispute. In an attempt to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such substantiation, under federal and state law you must correct any erroneous reporting to any and all credit reporting agencies

In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:

1. A copy of the alleged original contract or other instrument bearing my signature
2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account
3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter
4. Evidence that your company is registered as a consumer collection agency in the State Of ___________

Additionally, until full validation is provided, all representatives of your company, or any affiliated company, must immediately cease & desist all attempts to collect the aforementioned debt. Failure of your company to comply with this request will be a violation of the Fair Debt Collection Practices Act and will directly result in a complaint filed with the Federal Trade Commission and the State Of ___________ Attorney General's office. Please be advised, should this request be violated, I will pursue all criminal and civil claims, including any and all punitive damages, allowable by federal and state law against your company.

Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be retained should further action become necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I look forward to your timely response.

Best regards,

DO NOT SIGN........JUST TYPE NAME

[Anonymous]

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oceanlover wrote:

I've been telling one of my friends about this cool forum and all the wonderful things I have learned. So tonite, she calls me up and ask for advice.

Back around January she noticed an account on her CR from Cingular Wireless. She doesn't have an account with Cingular Wireless. So she called them up. They stated that she had authorized via telephone for someone else to get this account. They have the person who got the account on voice recorder and the person who called as her on voice recorder. My friend tried to explain to Cingular that was not her voice. In fact it was her niece's husband(then boyfriend) who called to get the phone and then her niece who called in as her to authorize it. She approached her niece about it and she admitted to it and said she'd pay it. Cingular states it is her account and nothing they can do. They have the right to accept over the phone verification and that she called in. She never disputed her CR, just kind of let it go and gave her niece time to take care of it. (Dumb move, I know)

She never heard anything more and figured her niece took care of it.

A few days ago she got a letter from AFNI Collections. Stating that she owed $940.07 from the original balance and $140.00 in collection fees.

This is what I have told her I think she should do.

1) Dispute with all 3 CRA as "not mine"

2) DV the CA.

Is this the course of action she should take?

Are CA allowed to add "collection fees" to the account balance?

Thank You

---

After she receives completed dispute.      This letter is going to the OC AFTER dispute

Make all the corrections needed & DO NOT SIGN

HSBC Card Services
Attention: Bureau Dispute Processing
PO Box 19360
Portland, OR 97280

August 2, 2007

Re: Acct #xxxxxxxxxxxxxx

To Whom It May Concern:

I recently pulled my credit report from Experian, Equifax and TransUnion and noticed this account was listed on each of my reports as a collection/chargeoff. I immediately disputed this information with Experian, Equifax and TransUnion and the results of the investigation came back as "verified". I haave never had an account with HSBC during this time period.

Since I have disputed the account with the credit bureaus, and you have verified them, I would like to see what sort of records you have for this alleged account. Under the new FACTA laws, you are required to conduct an investigation on this account, and I am now requesting it.

I will seek legal action under § FCRA 623 (b) for violations of the FCRA if you do not comply and respond to me with the results of the investigation whithin 30 days of your receipt of this letter.

In order to clear up this matter, I would like to see, a signed contract showing me that I indeed had an account with your company. If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

To avoid a lawsuit, I request that you remove account from my credit report. Please delete this listing or I will be forced to seek legal action.


Sincerely

TYPE NAME   DO NOT SIGN

Address

Both of these letters were written by BAM

[oceanlover]

I do not know if she told the OC if she knows or not. I'll have to ask. I do know that they let her listen to the recordings. This is how she found out who done it, then she asked her niece and she admitted it.

Can I ask what it would matter if she told the OC who was on the recorder?

I do not know if they recorded her or not, I do know that she specifically told them in the conversation that she NEVER gave permission for a phone in her name and she NEVER gave permission for anyone else to get one in her name.

I will ask her the questions and have her start disputing and DV the CA.

Thanks for the help and advice.

Message Edited by oceanlover on 09-26-2007 11:00 PM