Ok, do they have an itemized statement of the $7000 they say they owe you? DO NOT agree to pay ANY part of it just yet. Send them a letter stating that this is not a refusal to pay but a request for them to provide more information and to launch an investigation into this debt.
Include the following for your request:
--The original amount of the debt.
--The date the debt was incurred.
--The name and address of the original creditor.
--A statement that the debt has not been paid.
Put THEM in the corner.
Copy letters to the original creditor, if you know it, and all three credit bureaus. Also enclose a letter to the bureaus asking for the letters to be put on file. That way, should this debt magically reappear you have some backing.
Start taping all phone calls from them until you send the letter and they stop calling. If they are harassing you, you can sue the pants off them.
One the company gets back to you , should they provide the information you requested above, you now have to request validation. Here is where you can win or settle. Tell them you request validation, not verification, of your said debt. NEVER own up to this debt until they have provided you with irrefutable proof that it is all yours. Request the following:
--What the money you say I owe is for;
--Explain and show me how you calculated what you say I owe;
--Provide me with copies of any papers that show I agreed to pay what you say I owe;
--Provide a verification or copy of any judgment if applicable;
--Identify the original creditor;
--Prove the Statute of Limitations has not expired on this account
--Show me that you are licensed to collect in my state
--Provide me with your license numbers and Registered Agent
Again, put THEM in the corner.
If they provide this proof for you, you may have to pay. But FIGHT it. They may not have the proof and may not want to bother to find it.
I won. I beat the collection agency so I know you can too. They will try and tack on every damn charge they can to run up a bill you don't owe.
-------------------------
These are the letters I used when I was being pursued unfairly by a collection agency.
This is the request for an investigation by the collection agency. Letter #1.
Quote:Dear Customer Service Manager:
I received a letter in the mail stating that my account with Sprint PCS (# XXXXX) had been sold to Cavalry SPVI, LLC in the amount of $1716.75. I do not believe that this debt amount is correct. I have not been a customer with XXXXX for approximately three years and have not received any correspondence from them regarding this account for some time. XXXX was remiss in contacting me regarding penalty, interest or delinquency fees that may have occurred in this time period and I do not feel I am responsible for any and all amounts pertaining to these fees, or any other fees that were issued after the termination of my contract with them.
I spoke with Candace on January 10th regarding my options to resolve this matter. She offered a $1000 settlement of my account or an investigation into the history of my account debt. Because XXXX was unable to provide me with documentation of this debt total when I contacted them on January 9th, and I cannot in good conscience pay any part of a debt that cannot be validated, I am requesting that Cavalry launch an investigation, procure the proper documentation and send an itemization of this debt in writing to me. At that time, I will be willing to discuss payment options and/or settlement amount regarding any debt that may be due. This correspondence is to inform you that until such time I will not be responsible for any debt that cannot be verified.
Please contact me with any questions. I will be expecting correspondence with you soon. If I have not heard back from you by February 11th, 2005, I will consider this matter closed and assume no liability regarding reference number XXXXX in the amount of $1716.75.
Sincerely,
Bella
This is letter #2 when I wrote to the collection agency to confirm that the account was under investigation.
Quote:Dear Customer Service Manager,
This is to confirm that my account has been put under investigation as to the validity of the debt sold to you by XXXX in the amount of $1716.75. I spoke with a customer service representative on the evening of February 15, 2005 around 8pm and he confirmed that my account was in investigation.
Please contact me with any further questions.
Thank you,
Bella
In addition to above, I also sent this to the original creditor.
Quote:Dear Collections Manager:
This letter is to inform you that I have launched an investigation into the total debt amount you sold to Cavalry SPVI, LLC in my name, in the amount of $1716.75. I have enclosed a copy of the letter to them for your reference.
Should this debt not be verified in its entirety, the account returned to you as un-collectible and resubmitted to another collection agency, I will continue to pursue documentation as to the validity of the total debt in regards to my account with you.
If you have any questions please feel free to contact me via the address listed above.
Sincerely,
Bella
This is letter #4, when the company sent me a statement with just the total amount of the said debt on it. Verification not validation. Work with words here. My validation letter to the collection agency.
Quote:Reference # 0XXXXX - Validation of Debt
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on April 7, 2005. Be advised that this is not a refusal to pay, but a notice that your claim of debt is disputed and validation is requested. In my original letter of validation, I requested an itemized statement and the proper documentation, neither of which I received. The "verification" you sent is a written version of the phone conversation I had with both you and XXXX.
I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you any or all of the said debt.
So that there is no more confusion on my request for validation, please provide me with the following:
What the money you say I owe you is for;
Identify the original creditor;
Explain and show how you or the original creditor calculated what you say I owe; meaning an itemization of the individual charges totaling what you say I owe;
Provide me with copies of any documents that show I entered into a contract with the original creditor and/ or agreed upon payment for service;
Provide a verification or copy of any judgment if applicable;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent
If your offices are able to provide the proper and sufficient documentation as requested I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. 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.
It would be advisable that you assure that your records are in order before I am forced to take legal action.
Best Regards,
Bella
Once the collection agency admitted they had no proof of debt, and sent me a notice saying they were ceasing collection on it, I sent this out to the original creditor. Letter #5
Quote:Dear Collections Manager:
This letter is to inform you of a resolution with Cavalry SPVI LLC regarding the account listed above and the said debt in the amount of $1716.75. Please see enclosed resolution letter.
As this debt cannot be validated with an itemized statement of all charges, I am requesting that you send me a letter stating that you, XXX, will no longer pursue this debt, will not re-sell this debt to any other collection agency and will remove all listings regarding this debt from my credit report.
Please contact me at the address above with any questions concerning this request.
Sincerely,
Bella
Here is a copy of the letter I sent originally to the credit bureaus.
Quote:Dear Sir or Madam:
I am writing this in regards to the following adverse credit information on my report:
XXX (account # XXXXX) / Cavalry SPVI, LLC (reference # 0XXXXX) in the amount of $1717.
I am currently in the process of disputing the validity of this total debt as reported to Cavalry SPVI, LLC by XXXXX. In accordance with the provisions of the Fair Credit Reporting Act, I request that this letter be made a part of my credit file and disseminated with any request for a credit report on me. Additionally, I request that said entry be deleted should the debt not be substantiated.
Thank you,
Bella
This is a long ass process. 6 months or more. But it was worth it. So worth it!!!!!!!!
CC everyone and god. I'm serious. Keep records of everything.