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Brian
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Fri Feb 29, 2008 9:22 pm
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I haven't sent them anything yet as they haven't started to call...but this is a copy of the letter that I sent to that loser Burgess, any changes I should make?
Feb 22, 2008
Pelosino Law Office
Douglass R Burgess
4246 Ridge Lea Rd
Buffalo, NY 14226
Re: Dispute of Collection Action: Case # _____
To Douglass R Burgess:
On Jan 18, 2008 at 5:25am I was contacted by _______ of your agency, who informed me that the law offices of Douglass R Burgess is attempting to collect ______. This individual could not tell me for whom you are supposed to be collecting.
I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (your state) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
In addition, under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection.
Furthermore, any reporting of this matter to a credit reporting agency is premature. Until you have investigated my dispute, you should not relay negative information to a credit reporting agency. If negative information has already been reported, you will need to notify the agency to remove said report until the investigative process is over so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute.
Your next contact with me should be either notice that the creditor has failed to provide verification of the debt and that the matter has been closed or that you believe that this debt is valid and are providing proof of my responsibility. If the former, please confirm that I am not being held responsible for the debt in writing and also that if the account has already been noted on my credit report, that you will contact the bureau(s) in question to have the account removed. If the latter, I expect that you will provide me with an explanation as to why you have decided not to remove this account from collections and a copy of all documents relevant to the debt such as the application, bills, records of communications and payments, and any other data that indicates my responsibility.
I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing.
I look forward to your acknowledgement that you have received this notice by (30 days from today)
Sincerely, |
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Laura
Joined: 21 Jun 2007
Laura's page
Posts: 1334
35466 Magic Points
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Brian
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Thu Mar 06, 2008 4:29 pm
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| No response yet, but the CA did call me about a week after, left no message but the number showd up on the caller id...how easy is it to sue them for violations anyway? They've not only called after receiving the above letter, called my parents-left a message saying that if they called the CA back, she'd give them more information about my debt and prevent it from going to court, called me at 5:25am, and once called 6 times in a row... |
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Laura
Joined: 21 Jun 2007
Laura's page
Posts: 1334
35466 Magic Points
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Fri Mar 07, 2008 10:02 am
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FDCPA violation... Calling at 5:25a.m. is atrocious. Calling your relatives only for information regarding your contacts is legal. report Them to the FTC.
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Regards,
Laura. |
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Brian
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Thu Apr 17, 2008 7:44 am
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| Just an update...after sending the letter to Burgess, they sold the debt and have stopped calling. I've sent the same letter to just about every CA on my credit reports and almost all have dropped off (all SOL's have expired). They don't respond to the letter, so I don't know if it's good or bad, but some of the other debts have been resold as well, and more letters sent out...any way to break this seemingly endless cycle? |
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Morningstar
Joined: 17 Apr 2007
Morningstar's page
Posts: 582
11 Magic Points
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Thu Apr 17, 2008 1:25 pm
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Not that I know of, but postage is cheap compared to the balance on the debts, correct?
_________________
I don't dream since I quit sleeping |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Mon Apr 21, 2008 1:41 am
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| Good one Morningstar and very true. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Thu Apr 24, 2008 6:41 am
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This is pretty unbreakable. Collections keep changing hands Brian. You have to be patient.
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All the Best 
Justin |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Sun Apr 27, 2008 2:07 am
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| This is soo true. The past owners of my telephone # had some pretty massive debt by the amount of collectors who call here. I refuse to change my number(I was just getting use to it). I started picking up all the calls and threatening bbb and ftc..they only sell the account and a few weeks later it starts all over again. |
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christinayoung
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Subject: soo confused
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Sun Jun 08, 2008 7:33 pm
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| Yes I have these ppl on my report as well i was ready to call to make arrangements....NO? I read that isn't what to do....HELP i'm young and new at this I just wanna repair my credit that my parents NEVER expressed was SOOOOO important!!I guess its kinda like dental you only get one so you better take care!!! |
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CMBV22
Joined: 08 May 2008
CMBV22's page
Posts: 364
4811 Magic Points
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Mon Jun 09, 2008 6:18 am
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| Quote: |
| Well...NCO hasn't called me in a while....thank goodness. If they DON'T 'own' the loan, are they SUPPOSE to tell me who does? |
Yes, it is part of proper debt validation to tell you where the debt comes from.
_________________
****************************
Free sample letters,
info on paying off payday loans,
and quick credit repair tips.
Pesonalized credit repair advice in the forum:
www.homecreditrepair.net
http://homecreditrepair.hqforums.net/ |
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www.creditmagic.org
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Subject: RNbHUuXpiaEwgRPWg
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Sat Apr 09, 2011 11:15 am
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| Nco financial.. Outstanding |
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www.creditmagic.org
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Subject: KHZqQwkiQsTBUFP
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Fri Apr 22, 2011 3:07 pm
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| Nco financial.. Awesome |
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www.creditmagic.org
Guest
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Subject: dwOopYYzPojGvXR
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Tue May 03, 2011 3:23 pm
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| Nco financial.. Reposted it |
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www.creditmagic.org
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Subject: vxESHnxtGwoI
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Fri Jun 03, 2011 1:49 am
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| Nco financial.. Smashing |
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