Got 1st letter from AllianceOne for credit card account

[Zelph]

I received my first letter from AllianceOne for one of my outstanding accounts that I am walking away from.

 

Dated Jan 6 received on Jan 11.  

 

My next move as I see it is to send a certified letter stating 'I refuse to pay the debt!'

 

I'm 67.

I am not worried about the CR's.

I have notified my bank to protect my SS and pension.  

I have ongoing health issues.  

I could care less about my FICO score.

I rent and have no property.

I have no phone.

 

If forced out of my rental my next move would be an RV in my son's name and live in an RV Park.

 

I decided that a DV is unnecessary at this time, and I am not in the business to sue them unless forced too.

 

Any other suggestions?

 

[Anon Amos]

I received my first letter from AllianceOne for one of my outstanding accounts that I am walking away from.

 

Dated Jan 6 received on Jan 11.  

 

My next move as I see it is to send a certified letter stating 'I refuse to pay the debt!'

 

I'm 67.

I am not worried about the CR's.

I have notified my bank to protect my SS and pension.  

I have ongoing health issues.  

I could care less about my FICO score.

I rent and have no property.

I have no phone.

 

If forced out of my rental my next move would be an RV in my son's name and live in an RV Park.

 

I decided that a DV is unnecessary at this time, and I am not in the business to sue them unless forced too.

 

Any other suggestions?

Send them DV anyway. a lot of people never hear from them again after the DV. You don't have much to worry about. I believe you are judgement proof. They can not touch your SS, not sure about the pension, someone else hear will know more about the pension and will chime in. Good luck.

[Torden]

You can do the RTP/CC later very easily.  But doing the DV can reveal more about what their intentions might be.  Then do RTP/CC afterwards.

[1stStep]

I''d send a DV - you could catch them in a violation and sue for $1k.

[Zelph]

DV went out this morning with a confirmation delivery notification. 

[Zelph]

This is a copy of the letter I will send in the future.  Any suggestions?

 

 

 

 

DD MMM YYYY

 

 

 

 

FROM: Name

Address

City, State, ZipCode

 

 

TO: Collection Agency

Address

City, State, ZipCode

 

 

Re: Acct # XXXX-XXXX-XXXX-XXXX

 

To Whom It May Concern:

 

VALIDATION:

 

I am sending this letter to you in response to a notice I received from you on (DD MMM YYYY). Be advised this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

 

CEASE AND DESIST:

 

Under the Fair Debt Collection Practices Act section 805 ©, I request that you immediately CEASE and DESIST all contact with me other than written communication through the USPS. CURRENT SITUATION:It should be noted that my only sources of income are from private pension and Social Security, both are protected from garnishment by State and/or Federal law.  I have health issues and cannot pay the debt and meet the obligations of my daily needs. I see no change to my health, employment or financial situations anytime now or in the future.

 

 

Regards

[Zelph]

Today received a response to my request for validation,

 

____________________________________________________________________________________________

 

 

[ALLIANCEONE LETTER HEAD]

 

 

February 4, 2013

 

 

 

XXXXX X XXXXXXXX

123 Anywere St

Yourbestguess City, XX 99999

 

 

Re: XXXXXXXXXXX

 

Dear Mr XXXXXXXX

 

I write in response to your letter dated January 22, 2013.

 

AllianceOne as not yet been able to locate the records of the obligation which your

recent letter indicates that AllianceOne has attempted to collect from your client.

 

Please provide to me any additional information, such as an AllianceOne account

number, or a copy of a letter from AllianceOne to your client, or your client's full name,

or date of birth, or social security number, or other relevant identifying information

which you may have, in order to facilitate AllianceOne's search for the correct records.

 

Sincerely,

 

AllianceOne Client Services

 

 

 

 

 

 

 

 

 

 

THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN

ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED

WILL BE USED FOR THAT PURPOSE.

 

 

______________________________________________________________________________________________

 

The letterhead logo address is the same as the first request

 

The account number on the (RE:) is the same as on my 1st letter

 

The date of my letter (DV) was actually January 14th, not the 22nd

 

They signed the USPS confirmation on the 17th

 

They have my full name, address and City/State/Zip they used it on the [TO:] line below the date of their letter.

 

Is this a ploy to drown me in paperwork or buy time or confuse the case?  The reference to 'my or your client' am I mistaken for a lawyer?

 

Any guesses????

 

[RockDaddy]

I trust in your correspondence that you included the original AllianceOne account number, yes?

 

I wouldn't send them *anything* else - definitely not any sort of personal information.

 

This reeks of a scam trying to get your social and other identifying info.

There's a lot of that going around these days. But I'm paranoid like that... lol.

 

Other than that - your letter says Cease & Desist.

You should have just said, 'All telephone calls are inconvenient, please correspond only by US Mail'.

[Zelph]

Yes I did have the correct acct number that was on their first contact letter, the letter example above is not the one I sent but a much more to the point letter.

 

Here is basically what I sent them - names changed to protect the innocent

 

 

 

DD MMM YYYY

 

 

 

 

FROM: Not on your life

123 Anywhere St

Bestguess City, USA 99999

 

TO: Collection Agency

Address

City, State, ZipCode

 

 

Re: Acct # XXXX-XXXX-XXXX-XXXX

 

To Whom It May Concern:

 

VALIDATION:

 

I am sending this letter to you in response to a notice I received from you on (DD MMM YYYY). Be advised this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

 

CEASE AND DESIST:

 

Under the Fair Debt Collection Practices Act section 805 ©, Because of the inconvience I request that you immediately CEASE and DESIST all contact with me other than written communication through the USPS. 

Regards

[Zelph]

If I'm not mistaken do I have a violation of the FDCPA in my hands.

 

 

§ 807.  False or misleading representations  [15 USC 1692e]

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:

 

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

 

 

I've been thinking about the above response to my DV dated Jan 14th that the only way that a scammer could obtain the information in the letter would be to get it from and AllianceOne internal source.  They have my correct name/address/city/state/zip and also the correct AllianceOne Account number referenced in their letter.  I mailed the DV with a CMRRR and have the green stub showing it was received on Jan 17th so unless the postal service released the information (which I doubt) the only source had to be from within AllianceOne or they are violating the FDCPA 807-10.