Posted: 9/11/2007 6:23:47 PM EDT
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A neighbor is having a problem with collection agencies. Apparently it's been going on for several years. Her credit card number (not the physical card) was stolen and was used in England. Because England doesn't allow chargebacks, the credit card company was stuck with the debt. Even though the card company knew it was due to fraud, and knew she was not responsible for it, the company harrassed her for several years trying to collect it. Then the credit card company got bought out, and during the buyout, it sold the debt to an independent collection agency. Since then, the fraudulent debt has been resold several times, and the collection agencies keep jacking up the interest and other charges. Currently, they are trying to screw her out of nearly $10,000. Is there anything that can be done to get the motherfucking assholes to quit harrassing her? She has tried explaining that the debt was fraudulent and that the card company knew it, but they just resell the debt to someone else and the new company starts all over again. |
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If she hasn't already done it, she needs to get copies of her credit report from all 3 national companies that do that, after she has the report and sees that it's on her record, she can write a letter to the credit reporting companies telling her side of it, and that will be attached to her credit report. You can get a credit report FREE once a year from: https://www.annualcreditreport.com/cra/index.jsp Tell her this is completely free, but tell her DO NOT sign up for any of the extra cost stuff, they will attempt to sell this stuff but all you have to to is decline it. |
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Wait - aren't you - never mind. She should get their address, send a certified letter, return receipt requested. The letter should insist that they send her a verification by some means that includes a tracking number and signature required for delivery, and also insist that all phone calls cease and that all communications must from now on be in writing. That would be a good start. If she relies on phone calls, it will only get worse: A. They say / promise something, later deny it B. The claim she said / promised something that she didn't C. As soon as she dealt with person #1, she'll get a call from #2, who claims no knowledge of her dealings with #1, etc. D. They will routinely ignore any demands etc,. she makes over the phone, and how would she prove otherwise I've also heard that they will lie about having already sent a verification when in fact they never got one in the first place, let alone sent it. That's why the signature required / tracking number was suggested, because they should be told that if they claim they sesnt something she didn't receive, they are going to have to prove it to her with documentation that involves a third party, like USPS, FedEx, UPS, etc. Also direct her to the FTC web site for more information. Ditto the credit report idea. She should have something she kept in writing from back when she first resolved it, wouldn't you say? |
| If she is inexperienced enough (I am being nice) to have let it go this far, she should spend some money on an attorney. You shouldn't let stuff go too long. It just gets harder to fix. I learned that from ER docs. Also, don't stick things up your butt. I don't think that admonitions against butt-lovin' are really applicable here, though. |
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I had a rental company turn me in to a collection agency, alleging I failed to return a $200 tool. A few weeks we went back in forth, then the collection agency sent me an inflated $600 collection bill. I called the rental company, told them I had a witness to the return of the equipment, and that if they could not account for the item I returned to one of their employees, that I was filing a small claims case for theft with my attorney since the item was allegedly in "my possession". Within two days I received a letter stating the issue was resolved, and within two weeks a note from the credit agency stating the issue was "resolved". A few weeks later, I talked to a contractor who had the same situation with the same rental company and collection agency. That place no longer rents equipment BTW.  |
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Most likely the debt is past the SOL... She needs to 1. Send a written letter to request that all non written contact must stop 2. Write a letter requesting validation of the debt 3. Write a letter staing that she does not intend to pay All should be certified and she should keep copies, she must never talk or agree to anything with them verbaly. have her google FDCPA........ |
?? If the "never mind" replaced "in Taiwan", I went over the wire about a year and a half ago. (BTW, tried to IM this to you, but your IM's are turned off.)
The bank was harrassing her initially. It was never "resolved" in the manner you seem to be thinking of. The bank couldn't get its money back from the English merchants, so they went after her from the start, even though they knew it was a stolen card. I had a hard time believing it, too, but apparently that's actually what happened. "We know this was credit card fraud, we know you're limited to a max of $50 in liability, so when are you going to pay us the $3000+ they fraudulently rang up?" Thanks! |
Correct-here's the verbiage I used for an FOAD, put up or shut up letter to a collection agency trying to make good on a MCI bill, and I'd never even used MCI: Collection Agency Adress Your Address Re: MCI Acct # not provided Alleged Balance Claimed: $75.70 Dear Sirs: Without admitting any liability to your claim, I am hereby putting you on notice for the following: 1. This matter is disputed. You are hereby notified that should you choose to report this matter to any Credit Reporting Agency and fail to include a notation that the matter is disputed in violation of FDCPA section 807(9) I shall immediately and without further notice to you commence a lawsuit to enforce FDCPA 807(9). 2. This letter is to serve as a Validation/Verification demand pursuant to FDCPA Section 809. 3. This letter is to be construed as a limited Cease-Communication order pursuant to FDCPA Section 805( c ) limiting you to communication with me to writing only. Any attempt to communicate with me in any other manner shall be met with an immediate suit to enforce my rights under FDCPA Sections 805 and/or 806. I realize you are permitted to contact me once more. That communication must be in writing. Should you decide to commence legal action against me, I shall be glad to accept service of a summons. Sincerely, XXX This needs to be sent by certified mail with return receipt. After the date of receipt, you can actually sue the collection agency for $1000 for EACH time they call you.  |
I'm not sure that this is legal if they are suggesting that she originated the debt and they are aware that she did not. |