Jhancock22 Posted July 18, 2016 Report Share Posted July 18, 2016 Okay so I have an eBay account that got banned and has fees for selling that I had to pay. I am not going to pay fees for an account that will not be able to be used for selling. This is just background info. Anyways the fees went to a collections agency who sent me a letter asking to pay to to dispute writhin 30 days. I sent a dispute letter asking to evidence of the alleged debt and they basically send the invoice for the fees. Now I'm going to conduct a letter basically asking them for proof as to why the debt it's rightfully mine. Does anyone have any advice. what should I say to them? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 18, 2016 Report Share Posted July 18, 2016 41 minutes ago, Jhancock22 said: Now I'm going to conduct a letter basically asking them for proof as to why the debt it's rightfully mine. Does anyone have any advice. what should I say to them? Waste of time. Nothing in the FDCPA requires they do that. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted July 18, 2016 Report Share Posted July 18, 2016 Don't bother with the demand letter. The collector has produced enough evidence to satisfy the FDCPA so they do not have to produce any more. If you have an issue with the fees charged, you will probably have to force that into court. What you can do is send the collector a letter stating that you refuse to pay the debt (keep it simple, one or two sentences should be enough). That is the same as a cease and desist letter and will force the JDB to either pass the debt back to the OC, take you to court go try to collect, or pass it on to the next JDB. Depending on the amount of fees, they may not even want to bother with court. Quote Link to comment Share on other sites More sharing options...
Jhancock22 Posted July 18, 2016 Author Report Share Posted July 18, 2016 Okay thank you guys. Now my next question is if I send that letter saying I refuse to pay the debt can the debt go on my credit record ? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 18, 2016 Report Share Posted July 18, 2016 46 minutes ago, Jhancock22 said: Okay thank you guys. Now my next question is if I send that letter saying I refuse to pay the debt can the debt go on my credit record ? Yes, they can report. Quote Link to comment Share on other sites More sharing options...
Jhancock22 Posted July 18, 2016 Author Report Share Posted July 18, 2016 Can this be avoided or counteracted ? Quote Link to comment Share on other sites More sharing options...
kraftykrab Posted July 18, 2016 Report Share Posted July 18, 2016 The way to avoid it would be to pay the debt, and even then, it's not a guarantee that they will not report it as a paid collection. How much are we talking about? Ebay seller fees are not usually that much, unless you sold a lot of items, or sold expensive items, and did not pay. This is probably not that big of a debt....give us a ballpark here. How bad's the damage? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 18, 2016 Report Share Posted July 18, 2016 14 minutes ago, Jhancock22 said: Can this be avoided or counteracted ? If you pay before they report: yes, but there is no legal option to force them not to report or to delete a valid trade line once they do. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 18, 2016 Report Share Posted July 18, 2016 11 hours ago, Jhancock22 said: I am not going to pay fees for an account that will not be able to be used for selling. This is the flaw in your logic. The fees are not for you to be able to continue to use the account. Those fees are for activity you already engaged in. You owe the money if you want to avoid collections and/or a negative on your credit report then settle the matter. Quote Link to comment Share on other sites More sharing options...
Jhancock22 Posted July 18, 2016 Author Report Share Posted July 18, 2016 It's about $700. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted July 18, 2016 Report Share Posted July 18, 2016 They certainly can report, even if you pay the full debt. If you decide to fight, they will more likely than not put it on your report. Now, they have to report correctly (which means they have to report the actual date of default) or you could fight to have it fixed (which they usually remove). As long as it is correct, they have the right to report. Quote Link to comment Share on other sites More sharing options...
Jhancock22 Posted July 18, 2016 Author Report Share Posted July 18, 2016 Okay now for future reference is there any thread of info on how to fight to have it fixed Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 18, 2016 Report Share Posted July 18, 2016 32 minutes ago, Jhancock22 said: Okay now for future reference is there any thread of info on how to fight to have it fixed Define "fixed" because once it reports it if is accurate then your legal leverage to get it changed or removed is extremely limited if non-existent. Quote Link to comment Share on other sites More sharing options...
Jhancock22 Posted July 19, 2016 Author Report Share Posted July 19, 2016 Fixed as in removed Quote Link to comment Share on other sites More sharing options...
Jhancock22 Posted July 19, 2016 Author Report Share Posted July 19, 2016 On another forum the person stated this: "If they turn it over to collections you challenge it with the three credit bureaus. go to each of there websites and find out how to dispute and item on your credit report. You can even get sample letters off the internet. Make them prove that it was your account. (paypal and ebay never respond). Most internet debt is written off your credit score because it is so hard now to really prove it was you with all the internet fraud." Any truth in that statement ? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 19, 2016 Report Share Posted July 19, 2016 59 minutes ago, Jhancock22 said: If they turn it over to collections you challenge it with the three credit bureaus. This is accurate BUT if the item is valid it will stay. You always have the right to dispute. 59 minutes ago, Jhancock22 said: You can even get sample letters off the internet. This is a BAD idea. Most if not all of the sample letters you find on the internet are riddled with errors and using one simply tells the bureaus and creditor you know how to cut and paste. 1 hour ago, Jhancock22 said: Make them prove that it was your account. (paypal and ebay never respond). They don't have to prove it is your account to report it. They only need that level of proof if they sue you for the fees. As for Ebay not responding: I found a lot of hits on a Google search that showed they do report and respond. Do you want to take the chance? 1 hour ago, Jhancock22 said: Most internet debt is written off your credit score because it is so hard now to really prove it was you with all the internet fraud." Any truth in that statement ? NO truth in that statement unless you file a FACTA ID theft report. 1 hour ago, Jhancock22 said: Fixed as in removed There is NO legal method to force the removal or "fix" a valid trade line. The key is to deal with it before it reports. Quote Link to comment Share on other sites More sharing options...
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