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And another one!

Discussion in 'Other Debt, Collection, Garnishment' started by Miller M2, Aug 23, 2022.

  1. Miller M2

    Miller M2 Law Topic Starter Member

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    Thanks in advance.. Well here I go, last year I recieved a letter from a collection agency claiming that I owe a balance to AT&T… ($950). So I did my research and I did the following: I responded back accordingly (before the 30 day period) meanwhile I filed an Identity theft report and obtained a FTC report number also at that particular time also I filed a police report in regards of identity theft and in the report to the police I explained that an account with AT&T was opened using my social s #. But going back before going to my local PD I obtained all 3 credit reports and sure enough I saw “a spouse I have never met lol ” and also a couple of residential addresses I never lived on or visited at all and not to mention an inquiry from AT&T (but not an open account on my report )…so on one those residential addresses I believe that that AT&T account was created by the spouse that was on my credit report.. so I went ahead and contacted trans union and dispute/to be removed the spouse name, the residential addresses I never lived on, the AT&T inquiry…and also the inquiry left now by the collection company that obtained my info from my credit report.. so after a couple of letters I sent to the collection agency they stopped the collection process. (I explained to them on those letters that the account wasn’t mine and that I have never signed any agreements with AT&T to recieve their services and that I had filed and got and FTC report number and that I filed a police report.

    Now moving forward a year later….just a week ago “another collection agency” sent me a collection letter in regards of the same AT&T account. Now I went ahead and checked all of my 3 credit reports again and now I don’t see the AT&T inquiry on my report I had before (because I disputed it along with unknown spouse, etc).But what I do see is this Collection Agency that made an account review inquiry back in early 2021 and another account review inquiry dated today.. 8/23/22.

    So at this point I’m here just ready to reply to this letter I got last week the same way I did last year with the other Collection Agency but I’m here also thinking is this crap going to happen every year now??! Are these scammers? ( because on the back of they letter they offer to settle for half the original amount)!

    So my question is should I reply or ignore? Because eventually they will not get a penny out of me. But this is now stressing me out! Any pointers? Attorney time?

    Thanks again and sorry for typos!
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Look up the FDCPA about writing a cease and desist letter basically saying "not mine, won't pay, don't ever contact me again."

    Then the collection agency will have to decide if it's worth suing you.

    They are bottom feeders that buy debts for pennies on the dollar and then try to scare people into paying.

    What was the date that this alleged debt was incurred?
     
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  3. Miller M2

    Miller M2 Law Topic Starter Member

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    Ok so I been going back to all my documents in regards of last year situation with the “other collection agency collecting for the same AT&T account”… So last years collection agency was ERC. They at 8014 bayberry rd. Jacksonville, FL. And they sent me the letter back in April 2021 claiming that an amount is due $950 and they trying to collect from “me” and if I send $650 my account will be satisfied. So what I did I called AT&T and gave the account number and yes they told me that account owes money since early 2020 and I told them that I don’t have services with them so then she asked me where I lived I told her the county only…. And she then told me that the account was opened in a difrent county…( that’s when I knew someone stole my identity) then the lady at AT&T asked me where I reside I never told her I just told her that I recieved this letter in my P.O. Box and has my name on it and that account wasn’t mine and that I will dispute it then she gave me the address where the services where provided and then I hang up.

    then I spent a couple of days researching on how to answer to the collection agency so I sent them a letter called request of validation/dispute. I sent the letter within the 30 day window.

    While the letter was on its way I did more research in regards of the company and they seem legit.. while I was waiting for them to send me the documents that I requested I went ahead and check my credit report. did an FTC and went to my local police dept to file a report in regards of my identity being stolen and used for fraud.

    sure enough days letter I get a letter from the collection agency and they sent a copy of an AT&T statement showing my name and an address I never lived on or visit with an amount due of $950. So what I did I wrote back to them saying that to be aware that I have been a victim of identity theft and I have contacted my local police and also obtained an FTC report. After that letter I have never heard back from them!! I sent all letters certified.

    but now a year later here I am getting another collection letter from this other agency trying to settle for like half LOL!! $450!! .. what should I do? Attorney timeOr just respond the same way? or just send them a letter explaining about my past approach with the past collection agency so they Can f@ck off faster? Now what really gets me is that the other agency from last year should of notified AT&T in regards of my situation… but I guess they didn’t.

    Let’s keep in mind that AT&T was not on my credit report at all… it was as an inquiry last year but it was removed! But it was never showed on my credit report as an account and delinquent…

    Also I have learned that other agencies can pull information from other collection agencies to see what accounts they already try to get money from.! This other collection agency is called I.C. System Inc.

    it is not a scam is just like you say they get it for pennies and try to make a buck from whoever can pay it off .

    I am just tired of getting spammed and screwed like that and if I have grounds for an attorney and benefit from it might aswell lol. I can play their game all day but now that they taking more of my time I want to make my time more worth if possible ☺️.


    So the dates are as follow:

    account was past due back in may 2020 and they collecting now still in 2022..
     
  4. Zigner

    Zigner Well-Known Member

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    Your identity was stolen, and you will be dealing with the repercussions of that for some time to come. It is just an unfortunate reality. I would suggest that you take the same approach with the new debt collector as you took with the prior one. They'll likely go away, but sometime down the road you will likely have to do it again with a different collection agency.
     
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  5. adjusterjack

    adjusterjack Super Moderator

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  6. Zigner

    Zigner Well-Known Member

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    OP, as part of that notice, should also make sure the CA knows that s/he was a victim of identity theft.
     
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  7. Miller M2

    Miller M2 Law Topic Starter Member

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    thanks for your reply… last year when I first got the a letter from the another debt collection agency I did my research

    Well they say this happened back in early 2020, but my identity was stolen back in December 2019… and that person was added to my public records as a spouse and also added an adresss and then got AT&T services for like 3 months (looks like they got the service/account in February and didn’t pay their monthly bill, then in may got canceled).

    Yea that’s what I been thinking.. I will respond to them in a couple of days. I have till 9/11/22. Any words I should throw in that cease and deases letter?
     
  8. adjusterjack

    adjusterjack Super Moderator

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    You've heard of the KISS principle?

    Keep It Simple S..........

    ;)
     
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  9. Miller M2

    Miller M2 Law Topic Starter Member

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    Will do hahahaha.. I’ll post it here before sending it out..
     
  10. Miller M2

    Miller M2 Law Topic Starter Member

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    I am putting this letter together tomorrow but i have a question, on that letter should I add the case number from police dept report and the FTC report number when responding? Or should I write them with out showing them proof yet ? I mean if is this letter is going to be sent as a cease and decease letter I should include the information?…. The last collection agency I didn’t sent no police report, etc.no documents .. I just explained to them in a certified letter to be aware that I have been a victim of identity theft…and that I have contacted my local PD.. BUT the very first letter/response first letter I sent was the “proof of validation of debt letter” then they responded back with some statements showing the balance, original creditor info, etc…then I wrote back saying I was a victim of that crime and never heard from them again… now I’m this case I can mention what happened las year with the other CA… if that helps… (I rather not send any personal info if necessary)
     
  11. Zigner

    Zigner Well-Known Member

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    I can't make that choice for you. If it were me, I would send, basically, the same letter as the last time. You don't have to prove anything to them at this point.
     
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  12. Miller M2

    Miller M2 Law Topic Starter Member

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    i have a response drafted… and yes your right I am just basically saying I been a victim of identity theft and that’s it, later on if they ask for proof then I’ll proceed accordingly. Weird thing that this agency is shows on their letter as ATT u-verse and not AT&T u-verse and also the letter they sent me is not dated…

    I actually drafted 3 responses but i like this one better:
    —-
    Dear (company name):
    I am responding to your contact about a debt you are trying to collect. You contacted me recently by mail and identified the debt as a past due balance for account (***).

    Please be aware that I have been a victim of identity theft. In the meantime please treat this debt as being in dispute between us.

    thank you for your cooperation.
    Sincerely,
    (Name)
     
    Last edited: Aug 27, 2022
  13. adjusterjack

    adjusterjack Super Moderator

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    It doesn't conform to the FDCPA and they are free to ignore it.

    You have to include specific wording like: "Not my debt, I'm not paying it, don't ever contact me again" or words to that effect.

    That triggers the creditor's limitations in the FDCPA.

    Or, you can do it your way and handle future contacts, if any, as they come.
     
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  14. army judge

    army judge Super Moderator

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    Sample letter conforming to FDCPA requirements:

    ===============

    Below is a sample, fill-in-the-blank letter that you can use as a guide for disputing a debt with a collector. The Federal Trade Commission advises that you be as specific as possible in the letter about the reason why you think you do not owe this debt (or owe all of it, if you’re disputing the amount), but you should “give as little personal information as possible” in the letter.

    To confirm that the letter has been received, we recommend sending it by certified mail with “return receipt requested,” so you have it for your records later, if needed.

    [Your Name]
    [Your Address]
    [Your City, State, Zip Code]
    [Date]
    [Collection Company Name]
    [Street Address]
    [City, State, Zip Code]

    I was notified by your company on [date of contact] regarding an alleged debt. I have reason to believe I do not owe this debt because [briefly explain reason but provide minimal personal info (ex.: “because I have never had an account with that store,” or “because I believe you have me confused with a different person,” or “because the alleged debt is so old I no longer owe it under state law.”)]

    I request all of the following information be provided to me by mail:

    1. The amount of the alleged debt;
    2. The full name and mailing address of the original creditor for this alleged debt;
    3. Documentation showing you have verified that I am responsible for this debt, or a copy of any judgment;
    4. Documentation showing you are licensed to collect debts in [my state].
    Because I am writing you within 30 days of being notified by your company about this debt, you must cease attempting to collect this alleged debt until after you have provided the requested information.

    If you continue attempting to collect on this debt — or seek judgment for payment of the debt — without first providing written verification, you will be in violation of the Fair Debt Collection Practices Act. Additionally, the debt can not accrue any fees or interest beyond what is allowed by state law or by contract with the original creditor.

    Sincerely,

    [SIGNATURE]
    [Your name]
    [Date]

    You don’t have to dispute a debt to get debt collectors to stop calling you. Even if you know you owe debt, you can stop the collection calls and notices by writing the collectors and asking them to cease contact. That doesn’t get rid of the debt; it just means you will no longer hear about it, with the exception of notices involving legal actions over the debt.

    You can find more about your rights under the law at the Debt Collection section on the Federal Trade Commission website

    Debt Collection FAQs
    ...

    Editor's Note: This article originally appeared on Consumerist.

    Sample Letter For Disputing A Debt Collection Notice
    ...
     
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  15. Miller M2

    Miller M2 Law Topic Starter Member

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    i actually drafter something similar when I responded last year
    Their letter they sent doesn’t have a “date”on it. Should I wrote “recently” instead?
     
  16. adjusterjack

    adjusterjack Super Moderator

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    Sure. Doesn't really matter much.
     
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  17. Miller M2

    Miller M2 Law Topic Starter Member

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    Also should I file another FTC report for this matter? I already have one on file from last year’s situation.
     
  18. Miller M2

    Miller M2 Law Topic Starter Member

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  19. Miller M2

    Miller M2 Law Topic Starter Member

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  20. welkin

    welkin Active Member

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    But the envelope would be postmarked. On or about (date) I received your letter postmarked......
     
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