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I don't feel good about giving the CA her SSN


damnrook
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My now wife left the USA to go back to her native country 3 years ago. She left some debts unpaid. Two of her debts I successfully negotiated with the CA and paid back 2 years ago. The biggest one is stilled unsettled. We were married last year and she is now back and in college full time. 3 months ago we started receiving home phone calls and CA letters regarding the account which went ignored. Last week they finally sent a letter stating that since we chose not to contact them they would be forced to submit our case to an attorney in our area. Well, I figured we do have a bad debt and would like to rectify. Without sending a letter requesting the debt validation, I figured why not make them an offer to settle. On the web I found a sample letter and filled in her blanks. Stupidly, at the top of the sample it showed a sample SSN. I figured, what harm to send my wife's SSN; they will need it to make the fix to her credit report. So off the certified, RRR letter went. 5 days later, they are now calling her on her cell phone. Something they never did before. I feel like giving them her SSN was a very stupid move. I do want to make good on this debt and help to repair her credit report. On their letters she supposedly owes $1900 and I offered to settle at 25%. I am unhappy they are calling again telling us it is "time sensitive business matter" instead of replying to my US mail. I am expecting them to accept my offer or counter offer, NOT make more stupid (and unanswered) phone calls. My questions to you highly-educated people is: Should I send another letter requesting validation immediately before making any payment? Was I wrong to give up her SSN and how damaging was this? I may have more questions later. I thank you all in advance.

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they are now calling her on her cell phone. Something they never did before.

This is illegal if it is a CA. See Telephone Consumer Protection Act (TCPA)

Are they using an autodialer or prerecorded message? Both of these types of calls are illegal with out your Express Consent. "Express Consent" is defined by the FCC and in legal dictionaries as "written" consent. Obviously there is no consent.

If you did not give them consent, it is a $500 civil penalty for each call. You can enforce this by filing suit in state court. If you inform them that it is a cell phone, or they know or have reason to know it is a cell phone, then the penalty is tripled to $1,500 per call. Under this law there is NO exception for preexisting business relationship.

Just a little cut and paste from some of my friends :)

Cheers

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Thanks debtonator for your response. I believe the CA pulled the number from my wife's credit report after I gave away her SSN. She mistakenly used her cell phone, much to my dismay, on her college loan application. I don't believe the number is listed as a cell phone so the CA probably has no idea and they won't because I instructed her to not answer. How could I make them aware of this? Do I send a C & D for the cell phone? Any other thoughts on my original question about her SSN? Any thoughts on me sending the CA a validation letter? Or...Should I wait for a response from the CA regarding my offer?

Thanks again for everyone just taking the time to read my thread.

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Here is the body of my settlement letter to the CA to fulfill anyone's curiosity:

Dear Collection Manager:

I have learned that you claim that I owe a debt to your collection agency. I must note that I have not yet verified this debt as legitimate and, as you are undoubtedly aware, I have a full right to do so under Fair Debt Collection Practices Act. However, I will try to save us both time and effort and settle this alleged debt out.

Below is my offer. It is not a renewed promise to pay nor does it constitute any agreement unless you sign and return it. Again, I have not agreed that this debt is mine and have an option and a right to request further proof from your agency regarding this debt. I also know that your agency regularly purchases debts from creditors.

Needless to say, you have the right to report this debt to the credit reporting agencies as you see fit and you can change this record status any time as the debt source reporting. You have also the right not to report it at all.

I am sure you are aware of my right to dispute this debt and request a full proof. I will not pay this unverified debt or any portion of it to you, unless we can agree that you will report this debt as mentioned below.

I know that having “PAID COLLECTION” status on the credit report would be very detrimental to me. Please do not tell me that you are unable to change the status or I will simply stop communicating and request full verification of this debt.

My goal is to come to mutually acceptable terms since this debt is questionable to say the least.

I will pay your company the amount of $445.00 as lump sum PAYMENT IN FULL for the full satisfaction of this debt. Upon receipt of the above payment, your company agrees to change the status to the "PAID AS AGREED" with all credit reporting agencies. You further agree to remove all previous notations of any delinquency related to this account.

If you agree to these terms please acknowledge this with your signature and return it to me. You agree that the terms herein are confidential and you have the authority to make such decisions. No payment will be made without written confirmation.

Upon receipt of this signed acknowledgment, I will immediately send you funds priority mail. This is not a renewed promise to pay but rather a restricted offer only. If all the terms can not be met, no new arrangements will be made and the offer will be void.

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Yes the SSN is a NoNo..they should have it already an account # should suffice.

Your letter...Dr. Mr./Ms specifically. Anything else is opaque. I would want a person/s of reference. You will find out why;)

Otherwise since you are eager to settle the letter is fine as is. Don't get your hopes up on the TL though. Good Luck

Cheers

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Since they are calling now and you are obviously stressed about it, try sending them a Cease and Desist letter and any phone calls will now be recorded. You now want all contact to be via USPS and any phone calls received will be acknowledged to being recorded. Also, Damnrook has a nice letter, you should use it. ;)

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Please research these links.

Remember the operative/applicable phrase "using an autodialer or prerecorded message" & "Expressed Consent" albeit a telemarketer or CA.

http://www.tcpalaw.com/

http://www.dmaconsumers.org/telephoneconsumerprotectionact.html

http://www.ataconnect.org/public/consumers/teleconsumerprotection.php

Cheers

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Trade Line= it's the actual item reported on your CR. As examples: your car loan is a reported trade line, your credit card is another trade line, your personal loan is another trade line, your mortgage is another TL.

Turtle Licker= a person that licks turtles.

-r

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ok. googled "trade line" and figured it out. her credit report is a mess right now. we are just trying to repair and get current with any and all past debts. we do owe the money, we cannot deny this. of course, we have not admitted this to the CA.

there are alot of very intelligent people on this forum and i feel comfortable sharing with all of you. thanks for your thoughts and suggestions!

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ok. googled "trade line" and figured it out. her credit report is a mess right now. we are just trying to repair and get current with any and all past debts. we do owe the money, we cannot deny this. of course, we have not admitted this to the CA.

He man, welcome to the crowd! There is light at the end of the tunnel, just be persistent and you'll be okay. Persistence is the key.

-r <--likes to lick frogs

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Family Guy song Peter sings when the high school kids start licking toads...

Funny, that episode was shown on rerun toady! Er, umm, I mean today! :p

Sooooo happy to see other Family Guy fans are also concerned about their financial issues.

"I never licked a toad, but I towed a licker."

-damnrook

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The scumbag JDB called and left a message again today... NOW they use her married last name. Something they never did before. Something they could have only pulled from her credit report. :evil:

I should have NEVER, NEVER, NEVER, NEVER, NEVER, NEVER given them her SSN. Dammit! :evil: :evil: :evil: :evil: :evil::evil:

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