wrong acct number on collection notice

[nickifan]

One of my BkofA CC's has gone to collections, a Sunrise Credit Services.

They sent a letter in early August that I have just opened...and I noticed that the "client account #" they provided is not my correct BofA one. Half of it is right...but not all. And they have a different acct # of their own, (in other words, a separate SCS number) so that's not the reason.

I think this may be the first debt validation request I send...I've just ignored all the others, as I do know it is my debt. But should I send a photocopy of the correct Bk of A # from the last statement Bof A sent me? Or just tell them their number is wrong and not provide the right one?? And by the way, don't call me and send all future correspondence by mail....

Thanks.

[spidge]

Just send the debt validation requesting the correct account #. It is thier burden of proof. They should be able to provide a copy of a statement to, that is if they actually have a right to collect on it. Be sure to state on your validation request that it is up to $1000 fine for each time they attempt to collect on a debt they have no proof for. Some of these collection letters are fishing expaditions as it seems you already know.
If you are filling BK and have a case # just call them and give the info and don't waste your time.

[nickifan]

Just send the debt validation requesting the correct account #. It is thier burden of proof. They should be able to provide a copy of a statement to, that is if they actually have a right to collect on it. Be sure to state on your validation request that it is up to $1000 fine for each time they attempt to collect on a debt they have no proof for. Some of these collection letters are fishing expaditions as it seems you already know.
If you are filling BK and have a case # just call them and give the info and don't waste your time.

Thanks.
Not filing BK yet...the little I had set aside for a retainer is paying my rent next week . I'm back to square one...which is why I'm so worried that one of my CC's (and yes I have Discover AND Chase AND Amex, among others) will sue me and I'll have to somehow quickly come up with the full attorney fee so I can file.)
Can I just send this letter with a regular first class stamp or is it imperative to send certified or registered or something that gets a receipt signature??

[spidge]

If you have an address that is not a po box I would send it registered or signature required. Collection agency have been getting into trouble with judges as they attempt to say they did not receive something in the normal coarse of mail/bussiness. Call them and see if they give you a different address than what is on the letter you received, then send to all address info you can come up with from researching them. Record everything!

I called and verbally requested a debt verification and I mailed a letter via slug mail. In my letter I suggested email and they agreed supplying me with a managers email and I was able to get them to agree on an amount then renig after payment as agreed. I then sent the manager a file containing all emails showing what she had agreed to and copied it to some government body. They were quick to send me a letter confirming the settlement is complete as agreed.

By the way I don't know what your debts are but I have not paid on any of my cc's ($40,000 spread over 7 accounts) in 3 years and have not been sued yet. The debt verification letter seems to scare them away. I think they put me in the file of last resort when all the easy pickings dry up.

[nickifan]

If you have an address that is not a po box I would send it registered or signature required. Collection agency have been getting into trouble with judges as they attempt to say they did not receive something in the normal coarse of mail/bussiness. Call them and see if they give you a different address than what is on the letter you received, then send to all address info you can come up with from researching them. Record everything!

By the way I don't know what your debts are but I have not paid on any of my cc's ($40,000 spread over 7 accounts) in 3 years and have not been sued yet. The debt verification letter seems to scare them away. I think they put me in the file of last resort when all the easy pickings dry up.

Thanks again. I'm perhaps being overly literal here...there is a street address on the letter PLUS the P.O. Box number...(e.g 123 Main Street, P.O. Box 9565) so I could get the simplest signature required possible? I know there's something about no signatures at P.O. Boxes only.

My debt is just a bit higher than yours, and about the same # of cards.
I stopped paying first card last December 09 and all have been unpaid since...so longest one is about 8 months. Several are with collection agencies now. Several have offered settlement figures, even though I never asked (and I talk to no one anymore. In the beginning I talked to every CC at least once.) I'm in Texas so no wage garnishment, and I'm not working so that doesn't matter right now anyway. Also am renting apartment; don't own a home anymore. So I like to think I'm not being viewed as a likely success story for them, but who knows.

It's ironic -- and infuriating -- in a way. One of my dept. store cards I only owed $55 on, but I just didn't have it. With fees that has now ballooned to about $260. If I _were going to pay it off, I'd insist on paying only the original amount, not the inflated one!

[flyinbroke]

I read someplace that BoA changes account numbers once it charges off, or changes hands. To me this is sort of stupid...wouldn't it make accountability more difficult once the chain of custody is broken? But who am I to argue with dumb people.

[catleg]

For gosh sakes don't send a photocopy of your bill, then you've just validated the debt yourself!

I wouldn't waste the money on certified mail, just a regular stamp is enough. Unless you really plan to be a professional litigant, which I doubt.

If you can make your letter sound a little bit like you're a victim of identity theft and the balance is disputed, it helps. Also always refer to it as the "alleged debt".

[GoingDown]

For gosh sakes don't send a photocopy of your bill, then you've just validated the debt yourself!

I wouldn't waste the money on certified mail, just a regular stamp is enough. Unless you really plan to be a professional litigant, which I doubt.

If you can make your letter sound a little bit like you're a victim of identity theft and the balance is disputed, it helps. Also always refer to it as the "alleged debt".

I cringed when I read that too.

Don't give them anything to use against you.

And yes, send it by regular mail. Certified mail is a waste of postage if you don't really intend to file a lawsuit.

[BigJohn]

Why even contact them? Will anything they say or do change matters? Or will it confirm to them they got the right guy?

[spidge]

You want them to verify or better yet not verify. If they cannot verify then insist they stop the proccess. If they don't tell them each time they call or send a letter each instance is a violation of FDCPA laws. Up to $1000 per instance which can be collected through small claims court. Then right them, call them, and email them citing any violations thus far. A manager or supossed self proclaimed president will file your stuff in the last resort file. I have heard of attorneys treading lightly once someone starts responding to collections in this way. If they do sue and discovery starts you can bury the attorney in so much crap that they will give up and settle. they have the burden of proof.
If they do verify then be prepared to settle or deal with them in whatever way you have planned, but always keep the mentioning any violations to help your position in negotiations.
I had one guy yelling at the top of his lungs and all I could do was laugh my butt off. I couldn't stop. We settled that one for 25cents on the dollar and I still feel good about it even though my end result is to file BK.

Read up on the proccess before diving in.

[flyinbroke]

You want them to verify or better yet not verify. If they cannot verify then insist they stop the proccess. If they don't tell them each time they call or send a letter each instance is a violation of FDCPA laws. Up to $1000 per instance which can be collected through small claims court. Then right them, call them, and email them citing any violations thus far. A manager or supossed self proclaimed president will file your stuff in the last resort file. I have heard of attorneys treading lightly once someone starts responding to collections in this way. If they do sue and discovery starts you can bury the attorney in so much crap that they will give up and settle. they have the burden of proof.
If they do verify then be prepared to settle or deal with them in whatever way you have planned, but always keep the mentioning any violations to help your position in negotiations.
I had one guy yelling at the top of his lungs and all I could do was laugh my butt off. I couldn't stop. We settled that one for 25cents on the dollar and I still feel good about it even though my end result is to file BK.

Read up on the proccess before diving in.

The bolded portion is not quite correct. It is 1000 per action, not per instance or violation. They can violate FDCPA 30 times in one incident but when you file the incidents, you can only collect 1K. However, you have state laws in many places, and the potential of damages as well. And if you file 30 suits of 1k each, you risk making the judges a little peeved.

Odds are you won't see a courtroom...I have three suits with a lawyer and one settled rapidly, one offered to settle and was rejected and one did not bother responding at all. I am about to go after a fourth for impermissible pull (hard pulled for collections, then never sent any letter as to why or which account. Made a couple of phone calls and that was it.)