Re: Need some advise on a charge off

Posted by Linda on January 24, 2002 at 22:49:38:

In Reply to: Re: Need some advise on a charge off posted by Shelley on January 24, 2002 at 10:53:17:

I think that if they will not give you any "statement of account" they are not on the up and up. You are entitled to send them a "Cease" letter - why not send them one that says to cease telephone communications. That is your right under the FDCPA. In the same letter, send then a request that they prove that this debt is yours by producing a copy of the original agreement with your signature on it.

Since you have been paying them, maybe you should wait a while before you send them a letter telling them to stop contacting you entirely. Once they get money out of you, they will want to try to get more. They are like sharks that have tasted blood.

Get one of the templates for a validation letter, include the statment that you request to be contacted in writing only (it may already be in the letter, I don't recall) and send it certified return receipt. Then wait and see what they do. If they don't send you a copy of your agreement you signed WITH your signature, send them a letter that insists that they have not proved that this debt is yours, and tell them not to contact you at all, in writing or over the phone. Anyone can put any kind of records in a computer printout, you know. I could make one up and send it ;)

Then if they do try to sue you (no promises, but I think they will give up if they can't threaten you into paying), you can tell the judge they never proved that this is your debt. I don't think it would get that far, but even if it does, you will have a paper trail to prove you asked them for proof and they didn't send it.

If they just continue to call you hang up. Just hang up - no explanation, nothing. Their only real weapon is your own fear and guilt. They are using that against you when they get you on the phone. If they can't get you on the phone, they can't threaten you. Get caller ID and don't answer when it says "unknown" or anything like that. I think they will give up when they can't get you. They want money, the easiest way possible. If it isn't easy, after a while they will go away.

By all means stop paying if you cannot get a statment of account, something showing the balance, the interest, etc. They could go on forever. Keep all your records, you might need them one of these days.

Linda

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