Collection Agency Question

Hi All,

I was contacted a few months back by a collection agency for a debt from a credit card that I am not sure was even mine. The debt is for $1900.00. They have not provided any proof that the debt is mine, although they say it dates back to when I was in college.

In any event, I have asked them REPEATEDLY not to call me at work and they continue to do so. So last week, I was so tired of dealing with this low life that kept calling me so I asked to speak to his manager. Well, as if I thought there couldn't be any lower of the low! This guy is out of control. He is threatening to call my boss to verify employment and then he uttered the words "garnish my wages". I dont think this is even my account!

So I was just doing to reading on their company and I just read that the attorney general of Illinois just filed a suit against them in January 2007 for violation of the law (basically doing everything I just stated).

I am sending a cease and desist letter today. I guess my question is this: Is that all I have to do to get them to stop contacting me?

Once they stop contacting me, I will look into the debt further and if it is mine, I will take care of it. But these guys have been harassing me over something they haven't been able to prove.

Message edited 2/27/2007 8:54:55 AM.

Re: Collection Agency Question

I would get in touch with your lawyer.

Re: Collection Agency Question

Lauren,

Get your credit reports and see if this debt is listed on the reports. If it is, contact the agencies and tell them it's an error and they will look into it.

As far as the collection agency, what they are doing is illegal. Do you have a record button on your phone? If you do, record the conversation and then tell them you are calling and pressing charges.

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Re: Collection Agency Question

and most of the time when they call it's at work so I can't record them. I did have like 20 messages on my home answering machine but I erased them.

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Yes - by law they have to stop bothering you if you tell them over the phone - which you did. You can contact a lawyer and have them write a letter to these people.

I would suggest pulling your credit report and see if you have a $1900 debt on there. If you don't then just ignore them. Compaies like this like to buy extremely old debt that is just about to fall off your credit report and threaten people to pay it off. Once they do, it goes right back on your report for another 7 years.

We had this experience with an old MCI account that my DH had in college. He tried every which way to pay it off and could never get a straight answer or address from MCI. It's off his credit report now, but a company recently did to us what they are doing to you now. When he called they answered the phone "Hello?" So ummm, yeah, I'm not giving you my money.

Re: Collection Agency Question

what is this company's name? (you can FM me if you want). I had a similar experience (I think I posted about it last year). I looked them up on the internet and there were lots of complaints about them trying to collect $$ that people didn't even owe. I disputed the charges with the credit agencies (it was also on my credit report) AND threatened to go to the police for and charge them with fraud. Notl 4 weeks later did I get a letter saying I won the dispute and this item would come off my credit report.

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Checl to m,ke sure it's yours. You have a certian period of time to formally dispute the debt, after which you become liable for it

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Re: Collection Agency Question

Don't talk to them on the phone. Send them a cease and desist letter certified mail return receipt. Also if the debt is from 97 it is out of the statue of limitations so they can not legally collect on it or sue you. Never ever give them any information....if they say the debt is yours they have to prove it not you.

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I had a similar experience with a debt collection agency although the debt was my FIL. My DH and FIL have the same name so the repeatedly called my home. I told them time after time that he does not leave at this address and that I have no info. They continued to call. I filed a complaint with the FTC and have not heard from them since.

Good Luck
FTC Complaint Form

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I would do more research with the credit report company. I had something listed on my report that was brought to my attention when I was applying for a new credit card. It was for a credit card that was my mom's that was never paid off after she died. I have no idea why it ended up on my report, but the reporting company told me the account number, bank that issued the card and the date it was opened. I was able to figure out that it was a cc opened when I was 16, so there was no way it could have been mine.

Good luck!

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To repeat what a few other posters said this is illegal
1. It is out of the staute of limitations
2. They do have to show you YOUR original signature to collect whjich is moot because it is ouit of the statute of limitations.

3. Check out creditboards.com. They have sample letters. Copy one add your info (no SS #!!!) and send them this letter combined with a cease and desist order and send it certified return receipt requested. FM me if you need help.

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Yes a C&D should do the trick. What they are doing is illegal. First, a collector can not talk to or threaten to talk to your employer or anyone other then the debtor for that matter. It's harrassment and you can talk to a lawyer. Basically, if an individual who owes a debt requests that no contact be made via business phone # then the company is supposed to stop calling the business #. The idiot you spoke with should have connected you to a supervisor when you asked for one, but started threatening you instead...harrassment. I would not pay anything until you get verification in writing that this debt exists and you compare that with your records. You may also contact the credit reporting agencies and have them look into the debt to see if it's valid. You just started getting calls out of the blue about this? How much time elapsed?

They are no where near garnishing your wages at this time...there isn't even a judgement against you. That is also harrassment. If there is a home office, I would call them and request an internal investigation as to why you were threatened and harrassed.

I used to work for collection (auto loans) and we could not even say we were repo-ing a car unless they were literally about to get repo'd. If someone said that too early they would be investigated.

Good luck!

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Everything they are doing is illegal and in violation of the Fair Debt Collection Practices Act which was enacted by the government to protect consumers. They can't call you at work and, if you tell them not to call you at home, they can't do that either. They have to send you a validation of debt letter within 30 days of you requesting it. If you send a cease and desist letter, make sure you send it certified return receipt. This way, you have proof they received it. How long ago was the debt? If you live in NY and it is 6 years older or more, it's most likely past the statute of limitations on collections. Either way, consult with an attorney and report this agency to the Attorney General's office. If they persist, you can call the Sheriff's office and ask them for assistance as well.

I went through something similar for a debt that wasn't even mine but the collection agency didn't believe me.

Hope that helps. FM me if you need more info.

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Like melijane said, creditboards is a great website. It will help you with letters to send.

If the debt was charged off in 1997, technically it should have been off your credit report in 2004 BUT if it were opened in 1997 and charged off a few years later then it could still remain for a little bit.

Definitely do not pay the collection agency. They are breaking about a thousand laws doing that to you...the SOL (statute of limitations) is definitely past, they have no right to collect now.

Good luck. Definitely make copies of everything you send and always send certified return receipt. They HAVE to remove the neg. info from your report if they can't answer your dispute within 30 days.

I know all this b/c I unfortunately went through hell when i made credit mistakes in college when i was 18...NEVER again would i do it, but i learned my lesson the hard way.

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I would file the cease and desist AND contact the NY Attorney General in Albany. I would also contact a lawyer!

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Whats the name of the company? They contacted DH last year. Merchant Credit something. Big scammers. Do the cease and desist letter, contact their attorney general and ours.

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The name of the company is Leading Edge and I read this morning they had this lawsuit filed against them for the same thing they are doign to me.

Leading Edge

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