Just received a fraudulent collections notice...

[BeyondThePale]

So, the wife received a claim notice for an overdue account (an account which we do not have). The notice claims that they are giving us a "double coupon" and that we only have to pay half! Wow!

Anyone ever heard of American Agencies, ACA Receivables, or Asset Acceptance? The first two are in Torrance, CA (although they appear to be just several different company names under a larger umbrella). Their Better Business Bureau rating is "F" with the following description:

Complainants allege the company fails to provide proof of debt, attempts to collect paid or settled debts, threatens to report derogatory information if the debt is disputed, and that company representatives are rude and uncooperative in resolving complaint issues. Some also complain of extreme tactics, such as repeated phone calls or threats and telephone calls to place of employment. The company responds to some complaints by providing verifications, clearing the debts, or closing accounts and stopping collection efforts.

I am super-pissed at these assholes, especially since we just learned that our teenage son needs another cardiac procedure (after having been through more than two dozen major surgeries and procedures).

So, tomorrow I am calling the BBB and my state and Cali AGs office... wish me luck! And any suggestions would be appreciated.

[flvegan]

1. If it's a notice of intent to collect a debt, PLEASE answer them

and refute the claim. Regardless of the BS, please just send a quick letter within 10 days refuting their claim.

[BeyondThePale]

3. Thanks!

I appreciate the suggestion.

[flvegan]

5. Not just a suggestion

something you really need per the Fair Debt Collection Act.

[BeyondThePale]

6. Got it loud and clear! Thanks again.

[ladywnch]

8. demand proof of the debt/claim. by law they must produce it or

drop all contact and cannot report ANYTHING to the credit bureaus. I had similar problem with an outfit out of NY. I thought I had it settled and it reappears 5 months later under another name but associated with the first company.

IMPORTANT:

do NOT under ANY circumstances acknowledge any familiarity with the original creditor. Just ask for proof of the debt. If you even acknowledge having done business with the original creditor these sleaze balls bascially refresh the debt and allow it to be pursued as current or new. the practice is dubious at best. see below:

The statute of limitations concerns the amount of time within which a legal remedy may be brought. In the case of the collection of a commercial debt, many statutes of limitations are set by individual states and may vary considerably based on the type of contract. For example, the limitation on a judgment may be longer than one involving open or revolving accounts. It should be noted that the statute of limitations can often be revived with either a partial payment or a written promise to pay.

A debt collector isn't bound by a statue of limitations when requesting payment on a debt. However, the debt collector may violate provisions of the federal Fair Debt Collection Practices Act when threatening to take legal action when the debt has gone beyond the statutory time limit. Some consumer lawyers have been argued that attempting to collect on a debt after the statue of limitations has expired is a misrepresentation of the legal status of the debt, and, as a result, is a violation of the Fair Debt Collection Practices Act.

[PA Democrat]

2. Sounds like you have the correct plan of attack.

Definitely file a complaint with the state attorney general's office. Make sure you put your complaint in writing and send a copy of your complaint to the company in question along with a letter stating that you will pursue the matter in court unless they immediately cease and desist.

[BeyondThePale]

4. Thanks PA!

[kath]

7. I looked up some info on collection agency tactics and the law a week or so back,

and found some good stuff. I don't have all of the links here (but I could try to find them tomorrow, if you'd like) but here is one article that is good:
http://articles.moneycentral.msn.com/SavingandDebt/ManageDebt/10WaysToCurbSleazyDebtCollectors.aspx see especially the section at the end called "know your rights" -- some ofthe links in that section have some VERY good info.

[Ex Lurker]

9. here's what that's about...

these companies buy defaulted consumer debt at pennies on the dollar and then try to collect whatever they can. They just go through the phone book and send out collection notices to anybody whose name is remotely familiar. If Joe Jones is on their list, they send out notices to every Joe Jones, Joseph Jones, Josephine Jones, J Jones in the book. If they're sufficiently harassing, a few people will pay up whether they owe anything or not. It only takes a tiny number of collections for them to make a profit. It works on the same principle as spam email.

[BeyondThePale]

10. THANK YOU ALL!

You all rock!

[Trailrider1951]

11. Plenty of good info here:

www.creditinfocenter.com

www.creditboards.com


:wow:

[melm00se]

12. as a former banker who ran

the default management aspect of my bank, do the following:

1) immediately, by registered mail, dispute the debt (something like this: http://www.fair-debt-collection.com/Disputing_Collections/initial-dispute-letter.html)
2) under NO circumstances discuss this debt with them via telephone
3) give them NO personal information (other than your address): no employer, no bank, no nothing
4) keep copies of everything
5) be polite
6) admit to NOTHING, everything is "alleged debt". put the onus on them to prove otherwise.

if they continue to contact you after you have advised them to, politely and legitimately, fuck off, send copies of all your correspondence as well as theirs to your state attorney general's office with a formal complaint. your might the straw that breaks the camel's back and gets your state AG to take action. (also copying the FTC is also a good idea).

be aware of and respond, immediately, to any summons...while the statute may have run out, if you don't raise that as a defense if they attempt to sue you, the court might miss that and issue a default judgment in their favor and then you have a real mess on your hands.