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My Grandmother has collection....Please Help!


blue90
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I need help with a debt collection involving my grandmother. On November 16, 2006, she received a collections letter from an agency. She was really upset because she had no idea what it was about. We called the company and they said it was from a checking account that had been overdrawn in 2002 from US Bank. We called US Bank and they said that confirmed it had been overdrawn and they charged it off to internal collections and then sold it to an agency (not the one asking for the money). She's been at the same address for 10 years and no one has contacted her about this until now. Nothing has appeared on her credit report either.

The letter she received in Nov stated that they wouldn't put it on her report for 35 days. They also said she had 30 days to respond in writing. So my mother called her attorney and we sent the following certified to the company.

Letter sent to Debt Collection agency

November 20, 2006

Certified Mail #

Agency

Address

Re Account #

Collection Division

On Friday Nov 17th, we requested information and documentation of the above claim for $687.53 over the telephone on our Mother, X X. Since you cannot provide any paperwork on Mrs. X on the above account number from US Bank or any other company, we will not pay any amount that your company has requested. It is the responsibility of US Bank to keep records for seven (7) years by law. If you can produce the correct paperwork to settle this matter, please forward all information and all correspondence to our attorney at the address below.

Attorney

Sincerely,

Mrs. X Mrs. X Daughter

Enclosures (copy of collection request)

As far as I know, the lawyer has not received any information from the company. I checked my Grandmother's credit again last week and the collections has appeared on her report. I didn't find this site until last week, and I'm wondering if the letter above is considered a dispute. If so, and we've received no information from them, are they in violation of the FDCPA?

At this point, I am unsure if they bought the debt, or are assigned. I am going to contact the other company that US Bank says they sold it to and inquire whether they actually bought it or were assigned to it.

Any information on what step I should start on in the Debt Validation process and/or what to do next would be helpful.

Thanks

April

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The report lists as collection. There is no mention of disputed in the notes. My mother left a message with the attorney.

As far as the amount, we don't know how much is fees from the bank. The account was opened in Dec 01 and overdrawn in Jul 02. She doesn't even remember having the account. That doesn't mean it's not hers, though. She forgets a lot.

The attorney we have is actually a corporate attorney. I'm sure he's familiar with the credit laws. But what should be our next step? What communication should be next with this company if they have sent no further information? Should we resend something like the sample debt validation letter?

Thanks

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