They say FDCPA doesn't apply

[ConnorW]

I've been told by a collection agency and their attorney that the Fair Debt Collection Practices Act doesn't apply in my case because the matter is regarding a business lease. If this is so (details follow) what would apply, surely some sort of standards apply?

The basics of the issue:

THEM: I was contacted by a leasing company about some credit card equipment that belonged to a former employer, this was about a year and a half ago. They say my name is on the lease, that I guaranteed it and that I owe the remainder of the lease. I asked for a copy of the lease since I never signed anything like that and I never heard from them again. A couple of months ago I received a letter from a collection agency about the issue. Once more I requested a copy of the lease in writing (three times actually), but have received nothing but a letter from their law firm. I talked with someone at their law firm and was told that the FDCPA doesn't apply.

MINE: I signed up for direct deposit, provided all the required info, name SSN, bank info, voided check. I never got a pay check deposited, but did start seeing credit card stuff going through my account. Needless to say the short of it is some one put my name on this lease for new equipment and contract and when I questioned my employer (who still owes me about $30K) I was told that something must have gotten messed up with the paperwork and it would be taken care of. It wasn't taken care of so I took care of it myself. Almost two years later I'm getiing mail from the collection agency. I'm not even in the same state anymore.

There are more details to the whole sordid affair than above, but that's the basic issue boiled down. If more info is required I'd be happy to provide it.

I am not an attorney but was a senior debt collector for 4 years. Hope this helps. No, not all lenders are under FDCPA law such as private lenders, banks, etc. They should however be willing to provide you with a copy of that contract. Talk to their supervisor till you get a copy of it. Dispute this debt in writing then send it registered mail where they have to sign for it. Keep a diary of all conversations with them and names of everyone you talk to along with the dates. This will come in handy later. Also contact the bank where you had the direct deposit opened and dispute these charges. You may need a lawyer if you cant get this mess straightened out. Being in another state wont help. As long as the debt is owed they will track you down (skiptrace) you until the debt is paid. Also debts are always valid till they are paid off. They do not go away after 7 years like some people think so I would work on this several times a week till you get it corrected. Keep up on it really these types of companies will put a lein on your home or if you ever get a refinance or any loan they will just take your money. The negative account at the bank also may have put you into Chexsystems where you cant open another bank account for the next 7 years they may also have put you into SCAN where merchants wont accept your checks. Check this out and if they have dispute it in writing. Whenever you are dealing with these people it must ALWAYS!! be in writing. Hope this helps. Good luck.

[ConnorW]

Thanks Izzy.

So far I've talked with the original company almost two years ago on the phone and asked for a copy of the contract which they never did send me. I told them I'd help them as much as I could but never heard from them again.

As for the collection company, I've sent them two letters certified with acknowledgement of return. The first I never got anything back but they acknowldged getting it three days after I mailed it. Still nothing on the second which was a remail of the first certified. I mailed them three replies to their letter a few months ago, but only got a response to the first certified.

I've also talked to them and requested a copy of the contract. I'll have to send out a letter since I want everything in writing. I ended up putting a stop payment on the debits/credits at the bank two years ago since it was the only way to get them stopped.

So far aside from remarks on my credit report and the debt collectors I haven't had any problems.

Thanks again.

Glad I was of some help. Also I said most debts dont go away but I forgto to tell you to check and see what your states statute of limitations is. Good luck!