Where do I go, who do I ask...

LucidLuthar · #1 (**permalink**) 01-23-2009, 06:34 AM

Hello, after finding this forum I did a couple searchs on my issue to no avail, my apologies if this is in the wrong place. I'm really hoping someone can help or give some info on what to do.

It all starts when I settled a $910 credit card debt that I'd owed for over a year. After receiving a collection letter notifying me that the debt had been sold and they (the agency that bought it) were willing to settle, I called the collection agency. (This was my first and LAST credit card...ever. btw)

Arrangements were made over the phone and my debit card was billed $407.00 to settle, I also received a confirmation number over the phone from the rep. They instructed me to call back 5 days later to request a confirmation letter. This was Nov 5th. After 5 days I called back, got a human on the phone, but as soon as I said request confirmation letter, I was cut off and forwarded to an answering machine. I left a message...I get worked up just typing this...

(eg, pure rage) After repeated calls all I get is cut off and sent to the machice.

Now about 3 weeks ago I had a new collection agency call me and try to collect the remaining amount, and then some ($600).....long story short...it's all a scam and they're trying to double dip my pocket book.

After repeated calls to the original collection agency I settled with, I did manage to get it out of them over the phone that the debt is in fact settled. However, they keep forwarding me to the machine to request a confirmation letter, which never comes.

What can I do to get this confirmation letter? Are they legally required to send me one? I've requested it 4 times now since Nov 5th. Doing a little research uncovered I'm not the only one that's had this problem with these guys.

All I have is my bank statement with their name and the $407 charge. I also have (what they admitted later on the phone) is a settlement confirmation number given to me over the phone at the time of payment.

Main question - Are they legally required to send me a confirmation letter once I request it? What can I do to get this thing out of them to get the other scammer off my back? (I think they work together)

I'm truly desparate on this matter, I can't afford a lawyer. I thank you for your time - any help will be much appreciated.

maat55 · #2 (**permalink**) 01-23-2009, 09:17 AM

The only knowledge I have on this subject is that when you agree to a settlement you must have them send the agreement in writing before you pay.

I've heard many times on the Dave Ramsey show that companies will make false agreements and not follow through if told you want the agreement in writing before hand.

If contacted again, I would demand proof of debt in writing. If you choose to settle again, get it in writing first and do not give your account number, pay them with a money order, by return reciet.

Also, call them and ask for their fax number, then fax them a letter informing them you will sue them under the FDCA.(Fair debt collection act)

Andy · #3 (**permalink**) 01-23-2009, 11:05 PM

If you are doing this to help your credit and it is actually being reported incorrectly on your credit report you can dispute it with the credit bureaus. When doing this the more documentation you have the better. Hopefully you have a copy of the letter offering the settlement, and you documented the day, time and person you spoke to when you made the settlement. Also a copy of your bank statement (cross out everything else) showing the withdrawal from your account (I guess you don't have a canceled check). you can use all these things to dispute that account with the credit bureaus (all of them) and let them know the account was settled. They will investigate it and update your report.
Let me know how it works out for you.

LucidLuthar · #4 (**permalink**) 01-24-2009, 12:31 AM

Thank you for your replies. I'm going to be getting a phone recorder and start recording every time I get a call. And so my dispute journey begins...talk about a life lesson. I'm a seasonal wildland firefighter so atleast I have the next 4 months off to fight this. I'll be sure to come back here with some updates as this progresses.

Again, thank you for taking the time to read my long winded post.

maat55 · #5 (**permalink**) 01-24-2009, 09:07 AM

Quote:

Originally Posted by LucidLuthar

Thank you for your replies. I'm going to be getting a phone recorder and start recording every time I get a call. And so my dispute journey begins...talk about a life lesson. I'm a seasonal wildland firefighter so atleast I have the next 4 months off to fight this. I'll be sure to come back here with some updates as this progresses.

Again, thank you for taking the time to read my long winded post.

Here is a site to get help.

Fair Debt Collection

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