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creditors interchange and questions

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Anonymous
Not applicable

creditors interchange and questions

I recieve a call from this company stating that we have to pay (unaware of what was not correct) they told me they were taking everything to court the next day if I didn't send a check. So in a blind panic I admitted there was no way i could come up with 9000. They said if the check was sent that would be enough to keep me out of trouble. So I sent a check knowing it would bounce. Now they are calling again. I however got a little smarter. I asked for paperwork on all of the info. The guy stuttered and said he would email it to me. I gave him my email and he hasn't sent anything I am thinking of how to go about having this removed as they don't seem to follow thru with anything. What letter should I use and how should I go about this? I am trying to get my credit straight and be reformed! PLEASE HELP!!!!
Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: creditors interchange and questions

A DV letter.  I personally like this one from Lonnster for jerk-you around CAs.  Also the threat of 'legal action tommorow' could be a violation since they got a 'bad' check and haven't instituted a lawsuit.
 
Make changes as necessary - do NOT change the list of documentation you want - and do NOT sign
 

Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name TYPED

Message 2 of 8
llecs
Moderator Emeritus

Re: creditors interchange and questions

Welcome to the forums!
 
DO NOT talk to a CA via the phone. Personally, I'd put a stop payment on the check, if it is not too late. Some CAs have been notorious in using that checking acct info for a later date for their own withdraws. Search around in here and you'll see what I mean.
 
Also, they cannot say that they are going to sue you, unless they actually mean it. It is a federal offense to make empty promises.
 
What's your SOL? Depending on your answer a DV may be an option. Keep any e-mails from them.
 
BTW, welcome to these forums!
Message 3 of 8
Anonymous
Not applicable

Re: creditors interchange and questions

Ok so I am going to send that letter and I will get things started. Thank you for all the help!!!
Message 4 of 8
Anonymous
Not applicable

Re: creditors interchange and questions

I forgot to add What if I don't know all the info at the top of that page? How can I go about getting it? and does anyone know who creditors interchange is?
Message 5 of 8
llecs
Moderator Emeritus

Re: creditors interchange and questions

Creditors Interchange is a CA based in NY.
Message 6 of 8
Anonymous
Not applicable

Re: creditors interchange and questions

SOL is base don where you live now or where you opened the account.
 
Is this for a CC, a car, or what... and when did you Last Make a payment - if on yoour credit reports tyou should have these dates from them.
Message 7 of 8
Anonymous
Not applicable

Re: creditors interchange and questions

the car was repoed over 1 and 1/2 ago and then sold. We were sent a letter stating that it was done. And I will go over all of my credit reports tonight to try and get the numbers thank  you very much!!
Message 8 of 8
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