Collections on an account

[tdz179]

I have a collection agency contacting me trying to collect on roughly a $75 bill from a Snap-On tools account I had about 3 years ago. To my knowledge, I don't owe anything. These guys are really annoying and call every day leaving messages.

It's still within the SOL (NY is 6 years). I never actually signed an agreement of any kind, and I would imagine that they would have to provide proof of what's owed / an explanation and detail of the amount they state that I owe, correct? And if they can't do that, it's obviously not a valid debt I would assume. Is this correct?

It's not a major collections agency, in fact it's some little local one. I'm not sure if they're skeevy or not but they sure are annoying.

[newbie7069]

This is exactly what Debt Validation is for. Have you actually spoken to someone on the phone from this CA? If so, did they send you something in writing including a mini miranda within 5 days of that communication?

Click the link above for Debt Validation.

[tdz179]

No, I haven't spoken to anyone there yet. I looked over the link you indicated. So basically I should start by asking if they bought the debt, and if so, to provide details of what is owed? What if they are just representing the tool guy and haven't actually bought the debt?

I really don't trust the validity of the debt -- one of the reasons my team and I stopped doing business with this particular tool guy was because he was really skeevy and not helpful at all. So I guess it wouldn't surprise me if his records are wrong or if he's trying to rip me off 3 years later.

[thomassl]

I agree with Newbie7069. When you talk to them, only ask them to give you their address and ask them to no longer call you...to only communicate by mail. Once you get their address, send them a DV letter. Make them prove this is your debt.

[stancil1]

Make sure that your DV contains a full C&D Request as well so that at least you have proof of your request.

[tdz179]

Thanks for the guidance so far. I've put together a letter asking them:

- to provide details of the amount they claim I owe

- to stop calling and only communicate via mail

- if they are representing the original creditor or if they have obtained the account

I just had a couple questions. It has been 30 days since they first contacted me, I stupidly waited. I still have the right to dispute the debt correct? Also they say they are reporting me to the credit bureaus, however I never recall signing anything with the creditor which states that I was obtaining credit from him or giving him authorization to report on my credit. Without anything like that, they can't mess with my credit can they?

[rjnjr1019]

are ca supposed to send you a letter after you talk to them on the phone

[newbie7069]

are ca supposed to send you a letter after you talk to them on the phone

To answer this question: the CA is required to send you a letter within 5 days of speaking to you on the phone if that is initial contact (you haven't already rec'd a letter from them).

[rmuse00]

It has been 30 days since they first contacted me, I stupidly waited. I still have the right to dispute the debt correct?

Also they say they are reporting me to the credit bureaus, however I never recall signing anything with the creditor which states that I was obtaining credit from him or giving him authorization to report on my credit.

Without anything like that, they can't mess with my credit can they?

First suggestion would be to read the FDCPA, see link above. It'a a great tool to arm yourself when dealing with the CA's Sorry this is lengthy but I was doing my own research and thought I'd help ya out! rjnjr: Newbie is right see 809 below regarding communication letter.

As far as your questions see below. 809 refers to your question regarding disputing after 30 day window and 807 refers to them telling you that they will report you to a credit bureau. I think that is what they meant. They are not suppose to be intimidating you with this. There is no law that says they have to report but what they report must be accurate.

We as consumers never reqlinquish our right to demand validation! CA's may continue to collect but we can still demand validation! Section © below refers to this.

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

§ 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

Good luck!

[tdz179]

Okay well it's good to know that I can still require them to prove the debt is valid. That just leaves me with the one question that I can't seem to figure out: Do they have the right to affect my credit rating if I have no signed agreement with him authorizing him to do? I can't imagine he can do that. That's like me sending a collection agency after a friend who didn't pay me back the $20 he borrowed like he told me he would, and having him reported to the credit bureaus. It seems like he'd need the business we conducted to be in some sort of agreement in order to have that option, even if I did legitimately owe the debt.

Stuff like my cell phone, credit cards, car payment, insurance... these things that can affect credit carry with them a signed agreement saying that in exchange for services/credit, I agree to pay them and if I don't the creditor can conduct collections activity as well as report my payment history to the credit bureaus. So I understand and accept that if I don't pay them, that's what they'll do. But I never had any such arrangement with this tools vendor.

Then again I really don't know how that whole thing works and I can't figure it out based on what I've read so far. So that's why my perception of it may be totally off.

[rmuse00]

Do they have the right to affect my credit rating if I have no signed agreement with him authorizing him to do? I can't imagine he can do that.

I think what you are asking is can they report your credit history without your permission?? If that is your question then the answer is yes. They cannot pull your credit report without your permission but it's not up to us to stop them from reporting unless there are in accuracies.

Credit reports are a reflection of our credit history. You can look up the link (FCRA) Fair Credit Reporting Act to read up on the Credit Reporting Guidelines by clicking on link above. There is no law that requires a business, vendor (Consumer Reporting Agency) etc to report but what they report must be accurate. Here is a bit from the FCRA:

(f) The term "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

[rmuse00]

Do they have the right to affect my credit rating if I have no signed agreement with him authorizing him to do? I can't imagine he can do that.

I think what you are asking is can they report your credit history without your permission?? If that is your question then the answer is yes. They cannot pull your credit report without your permission but it's not up to us to stop them from reporting unless there are inaccuracies.

Credit reports are a reflection of our credit history, good and bad. You can look up the link (FCRA) Fair Credit Reporting Act to read up on the Credit Reporting Guidelines by clicking on link above. There is no law that requires a business, vendor (Consumer Reporting Agency) etc to report but what they report must be accurate. Here is a bit from the FCRA:

(f) The term "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

Hope that helps.