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We've just paid a debt collection agency for an account that was fraudulently opened.

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vlrober

Junior Member
What is the name of your state?VA

This week, a debt collection agency Heavy Action Recovery called a relative of ours stating my husband owed a debt. Not knowing what it was about, we called HAR back. They told my husband that there was a Radio Shack account opened in 1994 to 1999 in his name with an outstanding amount. This account has NEVER showed up in his credit reports, we check our credit reports frequently, twice this year already. We asked for written documentation of the account and HAR told us the only doc we would get would be the the form of a court summons. They told us we have to settle the account in 24 hours or we would get a court summons. My husband believes the account was fraudulently opened in his name by a previous room mate 11 years ago. At that time, he had called the police (did not file a police report ) and called Radio Shack. Radio Shack verbally agreed not to make my husband liable for the account, hence he took no further action with the police.

Because we were frightened by HAR's threats to send us a court summons unless we settled the account in 24 hours, we paid the account off. On hindsight, we should have researched for ways to prove my husband's 'innocence' before caving in. But at that point in time we wanted HAR to stop harrassing us so we paid for the problem to go away.

Do you think we have a case to get our money back from HAR now? Or is it too late? Do you have advise for what we should have done instead?

Thanks.
 


TigerD

Senior Member
vlrober said:
What is the name of your state?VA

This week, a debt collection agency Heavy Action Recovery called a relative of ours stating my husband owed a debt. Not knowing what it was about, we called HAR back.
First mistake. Under the FDCPA CAs must follow the initial contact with a letter explaining your option to request validation in writing.

vlrober said:
They told my husband that there was a Radio Shack account opened in 1994 to 1999 in his name with an outstanding amount. This account has NEVER showed up in his credit reports, we check our credit reports frequently, twice this year already.
Good for you. Not enough people do that.

vlrober said:
We asked for written documentation of the account and HAR told us the only doc we would get would be the the form of a court summons. They told us we have to settle the account in 24 hours or we would get a court summons. My husband believes the account was fraudulently opened in his name by a previous room mate 11 years ago. At that time, he had called the police (did not file a police report ) and called Radio Shack. Radio Shack verbally agreed not to make my husband liable for the account, hence he took no further action with the police.
That validation request needs to be in writing. A verbal agreement isn't worth the paper it is printed on.

vlrober said:
Because we were frightened by HAR's threats to send us a court summons unless we settled the account in 24 hours, we paid the account off. On hindsight, we should have researched for ways to prove my husband's 'innocence' before caving in. But at that point in time we wanted HAR to stop harrassing us so we paid for the problem to go away.
Unfortunately, there are unsavory collectors out there. They got you.

vlrober said:
Do you think we have a case to get our money back from HAR now? Or is it too late? Do you have advise for what we should have done instead?
Not a chance. You should have taped the call and waited 24-hours for a summons and then filed suit for FDCPA violations.

DC
 

JETX

Senior Member
vlrober said:
Do you think we have a case to get our money back from HAR now? Or is it too late?
Too late. You got scammed.
How did you make this payment?? If by check, stop it. If by credit card, dispute it. If by cash or 'instant check', kiss it goodbye.

Do you have advise for what we should have done instead?
Two things:
1) First, the debt was DOA as the SOL (Statute of Limitations) had expired.
2) Second, you should have AT LEAST asked them to validate the debt. This is a RIGHT that you have from the FDCPA (Fair Debt Collection Practices Act). The collection agent can't do ANYTHING (including filing a lawsuit) until they validate the debt.

What you need to do NOW is to file a complaint against them with the FTC. It can be done online at:
https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01

Oh, and here is someone else who they are also trying to scam:
https://forum.freeadvice.com/showthread.php?t=276205&highlight=heavy+Action
 

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