Chances are, if they can't find you in the system, it could have been an error on their part when they called you first to say you owed them money.... when, in fact, you don't.
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nco is bottom feeders. they will harrass you until they give up. you may want to send a request for proof of debt. unless they respond in 30 days, you will owe nothing, if it in fact is your debt.
make sure to withhold your SS number, and never ever give them a check or bank account information. if the debt is acctually yours, pay with a money order.
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Did they address you by name when they called you?
It's possible they had the wrong number.
On my cell, about once a month I get a couple of calls for Phil.... Not sure who Phil is but apparently I'm using his old phone number.
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"unless they respond in 30 days, you will owe nothing" -- This is absolutely not true.
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the 30 day thing is for getting marks taken off of your credit report
but you have to submit the request in writing and i believe the 30-day-countdown starts when the credit reporting agency notifies the company that you're contesting the credit mark
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""If the debt is not past the statute of limitations, send a letter requesting validation to the collection agency (our buddy Bob in the preceding example). If you don't know the address of the collection agency, here is a tip to help you find it.
Wait 30 days to hear back from the collection agency. Most likely they will not respond or they will respond saying that they received your letter. Only a letter which includes one of the following:
Proof that the collection company owns the debt/or has been assigned the debt,
Copies of statements from the original creditor
Copy of the original signed loan agreement or credit card applicat... more >>
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Stewart, knows about credit. That is why he has a double digit FICO score!
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Once again MadC, you're going way off the issue here. Your comments you post to people who have collection issues doesn't help do anything but confuse them. Nothing was said about the SOL, nothing was stated about the OP's credit report, nothing was even said that the debt belongs to them. What are you doing, closing your eyes and sticking a pin in the FDCPA and decide that is the best advice to give?
Now, let's take a look at what the poster is SAYING!
1) "This company contacted me and left a voicemail that there was a debt in my name that needed to be collected."
If they said ANYTHING at all about your debt on a voice mail, they ha... more >>
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lol double Z!!!!!!!!
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Have they contacted you my mail?
Should have been, "Have they contacted you by mail?"
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If they contact you again, tell them they have to put their request and proof of debt IN WRITING. The burden of proof is on them to prove this is a legitimate debt. And as others said, don't give them any personal information.
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Letter to send: Hopeit helps if you get more calls:
FDCPA LEGAL DISPUTE NOTICE & DEMAND FOR DEBT VALIDATION
Consumer: Your address
Date Sent: send certified mail
Collector(s): name and address
Reference: Account #number
BE ADVISED THAT ALL TELEPHONE CALLS MAY BE RECORDED
This claim is disputed in its entirety. Demand is made for all documentation affirming the claim you are attempting to collect, pursuant to the FDCPA and 15 USC ยง1643 (B) Burden of Proof.
Validation: Must include copies of agreements containing my signature, a copy of all statements and charges. An explanation of la... more >>
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FYI, DWell, when my law firm gets letters such as what you suggest, all that does is hasten the process. We sure do cease and desist calling you, we send the required documentation with 30 days as the law states,. then we locate/seize your assets and garnish your wages.
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Then my consumer lawyer sues your firm under FDCPA, and if your debt collection client can't prove the debt you get reported to the bar.
I'm like so afriad of you...have fun with that.
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You can sue under Title 8 all you want. We can prove the debt and usually do so within 10 business days of receiving request for proof.
We are a law firm, and our attorney code of professional conduct is much more scrict than the FDCPA in most cases.
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Raven, you are missing the point. The collection agency has to prove it. If they have no records and place something on your Credit report and cannot prove you owe the bill what would you do as a lawyer?
I spent two years and then the AG of ILL stepped in on my case. And all for $49.00; the point being I never had an account with who they said I did and even the company the 3rd party debt was sold to had no records of it. (FYI I pay my bills). For some reason, some illlegit agencies just pull anyone's name out of a hat. So would you go to bat for a client that has been dupped by such a company? Too many people that have never missed a paymen... more >>
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I agree that the FDCPA should be taught in high school but I think it should be a part of a complete Financial program that teaches how to balance bank accounts, how to be responsible with credit and the consequences of NOT paying bills (How it would affect your future, etc). But it seems the Board of Education is more concerned about teaching ways of dropping eggs off a roof without them breaking. We were taught how to write a check and balance our accounts as part of our math class. It only took a few minutes of one class, it's not that hard yet you'd be surprised how many people have no clue.
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Dwell, we are a law firm retained to COLLECT things like delinquent personal and business taxes, over paid unemployment, fraudulent workers comp, etc. Special Counsel for the AG in a few states, just retained by the AG in others.
All of our letters go out with the required "if you dispute, want proof, etc please do so in writing, blah blah blah" notice.
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But the question to you Raven is what if it was you?
Would you dispute the wrong? (If it was).
Or would you pay it even though you didn't owe it and wait for it to come back time and time again as zombie debt? Many 3rd party debt collectors do this to people and their credit reports all the time. What if it was you?
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Dwell, if I truly did not owe the debt, then no, I would not pay. I thought were were talking about validating a debt via Title 8??
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That is part of it. If they could not validate your debt. Would you still pay even if you did not owe it? What if they did get a judgement against you with no proof? What if it was out of SOL too, like 15 years? Many people do owe debts, but many are just being scammed. These third party debt collectors pay for a large book of old debts from sometimes 2nd or 3rd parties past the orginal company. So isn't it in your best interest to fight and not pay? As a lawyer how would you defend your self?
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Asked and answered.
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(10/29/2009) 
