STOP! Never talk to a CA. Do not give them any information!
Having a SS# does NOT qualify as any kind of legal proof that the debt is yours.
IMO - Since this is already on your CR, I would try to force the CA to provide validation. Since the account was not in your name, nor was the service or billing address, they definitely cannot prove it is your debt.
Use the standard DV process:
- Send DV-CMRR to CA
When you get green card back:
- Send CRA a request for Verification
Since you'll have proof that you disputed w/CA (green card), the CA cannot verify w/CRA unless they provide validation, which they obviously cannot do. They need to provide Proof that this is your debt.
Here's a sample letter I've used for CA's already on a CR.:
Collection Agency
CA Address
City, State Zip Zip
Certified Mail# xxxx xxxx xxxx xxxx xxxx – Return Receipt
Re: Account# xxxxxxxxxxxx
Creditor: Name of Cable Company
Your company is reporting the above referenced account on my credit report as a collection account. I have received no communication from Name of Cable Company or any other company, including yours, regarding this alleged debt.
Pursuant to my rights under the Fair Debt Collection Practices Act, 15 USC 1692g Section 809(b), your claim is disputed and validation is requested.
I must demand proof of this debt, specifically the alleged contract or other instrument bearing my signature, proof that it is the correct balance and proof that you are legally authorized to collect this debt.
I must ask you to provide the following evidence:
- Proof that your company owns or has been assigned this debt;
- When this alleged debt was originally incurred, and by whom;
- How you ascertained that this alleged debt was owned by me;
- Copies of any written agreements that say I am to pay what you say I owe;
- The amount of the alleged debt when the creditor assigned, transferred or sold the alleged debt to your company, and what fees and/or interest have been tacked onto this alleged debt and how these fees and/or interest were determined;
- Complete payment history from the original creditor up to and including charge off;
- Contact information of the original creditor, the account holders’ name and original account number;
- Proof that the statute of limitations has not expired on this alleged account;
You have thirty (30) days from receipt of this notice to respond. Your failure to respond, on point, in writing, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you placed this on my credit report(s) in error and that this matter is permanently closed. Provide the proof, or correct the record and remove this invalid debt from all sources to which you have reported it to.
This notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.
Please also be advised that I wish to communicate solely in writing. I can be contacted at the address listed above. Do not call me at any time or place.
Regards,
Your Typed Name (Do not sign)
