Emergency!..Plz help!

[cobbe]

South Carolina. I am in need of a promp response. I have an attorney's office that just called today for the first time. I also have a Private Eye recorded message that calls me at work everyday. I am in the middle of disputing my negative marks on my credit report with all 3 CRAs. They include the accounts these people are trying to collect on. Can they harrass me or collect when the items are in dispute? I wanted to call the one who called today and tell them it was not my account and it's being disputed. But I don't know the laws for that. I tried to read the FCRA, but it's so complicated to read. Also, shouldn't they have to prove that the account is indeed mine? Shouldn't they have the signed contract now? Somebody please help me. I don't want to be sued or have a judgement on my credit. That's all I need. Thanks!

 

[JETX]

"Can they harrass me or collect when the items are in dispute?"
*** EXACTLY how are you 'disputing' these debts?? If you mean that you have requested a written validation, then the 3rd party debt collectors must comply with the FDCPA:
"§ 809. Validation of debts:
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector."

"I wanted to call the one who called today and tell them it was not my account and it's being disputed. But I don't know the laws for that. I tried to read the FCRA, but it's so complicated to read."
*** The FCRA has nothing to do with debt collection contacts. You should read the FDCPA located at:
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

"Also, shouldn't they have to prove that the account is indeed mine?"
*** That is what the 'validation' process does.

 

[cobbe]

Thanks for the fast response. I am disputing them with the CRAs now as "Not my account." I just started the disputes a week ago. How can I do a Debt Validation? All they do is call me. They have sent nothing in writing. I tempted to disconnect my phone so they have no alternative but to send it in the mail. I'm afraid they'll just send me a summons to appear in court. I don't want them showing up at my work or anything. How embarrassing that would be. I'm afraid to call them cuz I don't know the FCRA and my rights. It's all so complicated. I can't argue with them if I don't know the laws.

 

[JETX]

Thanks for the fast response. I am disputing them with the CRAs now as "Not my account." I just started the disputes a week ago. How can I do a Debt Validation?

When I asked 'how' I meant are you doing this in writing, over the phone, etc. Presumably, from your post above, by phone. If so, that is NOT sufficient.
You need to request 'validation' in writing (certified RRR). A good sample letter can be found at: http://www.creditinfocenters.com/forms/

As for 'knowing the laws'..... read the FDCPA. A link to it is in my previous post, in addition to the good information at the creditinfocenter linked above.

 

[cobbe]

Thanks for all the responses.

LOKI15: I'm not sure what you mean by "opt out." What does that mean?

JETX: I did the disputes online. I printed everything that I could to prove the date that I did the online disputes. This should be as good as the "green card" you get through CMRR, right? The first batch of disputes is up next week. On the 12th. The others I still have about 2-3 weeks to go. We are trying to get our credit score up to buy a house. It needs to be over 600. Right now mine is 504 and my husband's is 517. No one will finance us for 100%. The best we got was one for 89% LTV, but we don't have 11% for a house. And I don't want to do that. Plus, I'm a vet. I'm eligible for 100% financing and no money down.

As for the phone calls from the attornies, I just turned my answering machine off and unplugged the phone. Then they have not choice but to mail something, then I can do the debt validation, right? Soon we'll be getting rid of our home phone cuz we both have cell phones (for work purposes) and don't need it. That's an added expense we can get rid of. Can they get your cell number?

Again, thanks for all your help!!! It's so appreciated!

 

[JETX]

LOKI15: I'm not sure what you mean by "opt out." What does that mean?

Ignore that one as it is not applicable to your circumstance. His confused response was as to the ability for a consumer to 'opt out' from offers being made by creditors. Clearly, this person didn't understand your post!!

I did the disputes online. I printed everything that I could to prove the date that I did the online disputes. This should be as good as the "green card" you get through CMRR, right?

Nope. The ONLY way to do a proper and valid 'verify' request is in writing, with proof of delivery.

Per the FDCPA:
"§ 809. Validation of debts
(b) If the consumer notifies the debt collector in writing........ "

The first batch of disputes is up next week. On the 12th. The others I still have about 2-3 weeks to go.

Very likely, you will need to start over.... doing it in writing this time.