Question:
About 30 days ago I received a letter from a third party collection
agency. They stated that they had bought my account from Capital One.
At the time I stopped paying any money to Capital One, I owed them close
to $1000. They then began to assess late fees and over the limit fees
and un-agreed to finance charges. I challenged them to produce
documentation to the effect that I signed paper work IE the initial
application whereas I agreed to these extra fees. They never got back
to me. Over a year goes by, and a third party collection agency sends
me a letter stating I now owe THEM $2000. I put out the same challenge
to them, I also sent it by registered mail. How long do these bastards
have before I can demand that they remove this from my credit report? I
know the FDCPA states that they must send me proof. But it is unclear
as to how long they have to produce documentation. Is it possible that
3 years from now they will finally find the proof they are looking for
and send me a letter?
Answer:
Q: About 30 days ago I received a letter from a third party collection
agency. They stated that they had bought my account from Capital One.
At the time I stopped paying any money to Capital One, I owed them close
to $1000. They then began to assess late fees and over the limit fees
and un-agreed to finance charges. I challenged them to produce
documentation to the effect that I signed paper work IE the initial
application whereas I agreed to these extra fees.
Good.. That put the ball in their court.
A: Not really. All that the collector has to do is to *verify* the debt with
the original creditor. They don't have to provide copies of anything.
Q: They never got back
to me.
Good.. Silence is default.
A: No, it isn't. The failure to provide this information doesn't mean squat.
Q: Over a year goes by, and a third party collection agency sends
me a letter stating I now owe THEM $2000. I put out the same challenge
to them, I also sent it by registered mail. How long do these bastards
have before I can demand that they remove this from my credit report?
Immeaditly.. Write to them and tell them to remove it from your credit
report within 30 days, or provide the paperwork/documentaion you
requested earlier, or face criminal charges for fraud.
A: They have no obligation to provide documentation of anything in this
context. Threats of criminal charges for fraud will be laughed at, because
they aren't available and the collector knows it.
Q: I know the FDCPA states that they must send me proof. But it is unclear
as to how long they have to produce documentation. Is it possible that
3 years from now they will finally find the proof they are looking for
and send me a letter?
Give them 30 days to answer your REGISTERED, Return reciept and Notorized
letter. Then, file on them.. Bet ya the day they get the court summons,
they majicaly erase it from your credit history..
A: There is no basis for a FDCPA suit based on the facts presented. If the
original poster follows this advice, he will probably be facing a
counter-claim for the credit card debt along with a dismissal motion with a
request for attorney's fees.
Q: Also, in the future.. Refuse to deal with 3rd party collections
agencies.. Only deal with your original debtor. Even if you send them 5
bucks a week, there is little they can do to you, as you are making the
effort.
A: There is no requirement that a creditor refrain from collections if you are
"making the effort" to pay. You can be sued for the full balance despite
your $5 per month payments. You can be called by collectors and creditors
despite your $5 per month payments. And the original creditor can tell you,
"You have to deal with the collection agency or attorney--we won't talk to
you."
