Being charged intrest

[jwmckims]

What is the name of your state? CA

I thought I had paid off a credit card in Dec. 2002. I had paid what I thought was the remaining balance on the statement, but when they received payment was a day after the due date and some interest occured. The card was cancelled the day the payment was due. I have since not received a bill. Yesterday I got a call from a collection company National Asset Management Enterprises saying that I owe $575. They explained from the credit card and so on. I asked what the original balance of the credit card was and that is 30.33. They acquired it in March 2003 and have been charging intrest ever since. They told me I had to pay it immediatley or it will continue to charge interest. Can they charge me interest? Can they call you before you receive some kind of notification on who they are?

 

[JETX]

"Can they charge me interest?"
*** If the original agreement allows interest to be charged on an outstanding balance (likely), then yes, they can charge interest.

"Can they call you before you receive some kind of notification on who they are?"
*** Yep. There is no statutory obligation for them to give you an 'notification' as to who they are..... in their initial contact. However, since this is a 3rd party debt collector, they MUST comply with federal laws (FDCPA). And one of the requirements (almost ALWAYS violated!!) after they contact you is:
"§ 809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor."
Source: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Considering the amounts in question (as described in your post), I strongly suggest you take advantage of your FDCPA right to have them validate the debt. A good sample letter (send it certified RRR) for this process can be found at:
http://www.creditinfocenter.com/forms/

 

[jwmckims]

I had sent them a Validation letter from the website listed below. They had only sent me of a copy of the original postcard application dated 1996. Is this enough to prove I owe this debt. Or are the suppose to send me copies of the last bills or something to that effect showing what I owe is what I owe.

 

[Ladynred]

Does that 'application' have YOUR signature on it ??

Even if it does, that alone does NOT prove the alleged amount they say you owe. They HAVE to account for the balance and that means more than just the last couple of statements as they would not prove the amount they say you now owe.

There's a secondary validation letter on creditinfocenter.com to use when a CA has sent you half-azzed validation. I believe it references Spears v. Brennan. Time to send the next letter.