HELP! Capital Management Call!

[Anonymous]

On the phone now ...found original card and they are telling me it is purged from their system and I would need to deal with CA...HUH???  They can't verify I even had an account... Now I know I did but come on... I want original dates....  He said they stopped reporting last year and not true... EQ updated 6/2007 with a balance owing....

I didn't talk to the original gal but i am going to keep calling back until I get her... she was more helpful.

What do you all think?  I bet you if I dispute with CRA they will come back as verified and I know it can't be.

[cgmiller63]

DV the collection agency.  The collection agency MUST prove the debt is yours or cease collection activity. Why are you doing the leg work for them???

[Anonymous]

Next time they call....ask for their complete company name and address with ZIP....hang up!  send DV letter CMRRR  and in it add   NO PHONE CALLS!! 

http://www.ag.state.la.us/publications/debtcollection.htm

Jones Collection Agency

222 1st Street

Noplace, FL33333

Re:      Account #:                   5555555

            Original Creditor:        If you know it or leave blank

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,

TYPE YOUR NAME....DO NOT SIGN!!!!

[Anonymous]

is this correct.......not reported on CR???  by OC     what about CA??

[Anonymous]

What I was trying to find out for myself was the Date of Last Activity.... if it was 2001 it would fall off even though I pay it the first part of 2008.  None of them are even reporting dates close to that...2003, 2005 etc  So how can I even get it right...UGH  Also it would be out of SOL if they had right date...but you think they will tell me that even if they try and verify... I am not sure if I could find the last payment in my records..

[Anonymous]

Thanks Happy Days....

It is being repported by both OC and CA but different dates, different amounts etc.  Citi told me pretty much they have purged there system and it is out and sold to CA. So this should say it is pretty old....

They say that the CA will have all original info as to dates yet they are not reporting correctly now and I have no proof as to when my last payment was...

I will try the DV letter even though it has been over 30 days since I got one from them... This is one huge mess here with all different dates. Citi also told me it was purged from there system Oct 2006 and it should have stopped reporting from them but yet it reported in 6/07 and has the amount in balance due.

[Anonymous]

are you confusing CRTP and SOL????  

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=17466

[Anonymous]

Great link! Thanks

I wasn't confusing them I am just wanting the correct date of Last Activity to show for all those reasons. I mean one has it 2005 and one has 2003 and it really I think should be more like 2001 so that makes alot of difference to me as far as SOL and when it will drop off my report

I am writing a DV letter now to send tomorrow and I will report them for that call they made. I should call a lawyer tomorrow and just see what we can do. I am very upset they call a family member and make them think it is them and give a case number to have it be mine! He never called her back.

I just know all my motions will set their motions rolling and I will probably be served to go to court

[Anonymous]

Capital Management is one of the bottom feeders in the world of collections. Before filing BK, I wrote them to cease and desist all calls and to make all contact by mail.

Within days, at my office, my secretary got a call asking for the office fax number and gave it to the caller. Curious as to who would need our fax number and not have it (we are small business with just a few clients), I staked out the fax machine. Shortly afterward, Capital Management sent a letter seeking verification of my employment, including income. It had their full company letterhead and was unmistakeably collection related to anybody who would have picked it up.

I scrawled a response that I was "no longer employed here," in a handwriting unlike my own, and faxed it back. To my knowledge, that was their last attempt to contact my company.

[Anonymous]

You need to keep a log of all the calls you get. Write down some brief points to help you remember what was said. Also annotate any other activities this CA makes....calling friends/family and giving them information about your account status....calling after notifying them not to...calling you at your place of business....Failure to provide you with written notice of the debt within 5 days of contacting you....

All of these things are violations of the FCRA and any good attorney will have them paying you some serious $$$$. Recorded phone conversations may be allowed in your state and would only help your case. Taking a picture of the caller ID to show when and how many times they called you would help if you need to litigate as well.

Good luck with these scumbags, I hope you nail them to the wall for their BS harassment.