call from a creditor. claims i have a outstanding debt.

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waggy

waggy

No Lifer
Dec 14, 2000
68,143
10
81
as the title says.

i just got a call from vision financial. they are claiming i have a outstanding CC debt from 5 years ago. I do not remember having the credit card they claim. in fact the only credit card i have had in the last 10 years i canceled about 2 years ago.

i asked for him to send me written proof that the debt was mine. he said they will send out a statement. i said no i don't want a statement from you guys i want actual PROOF that the debt is mine. he told me the burden of proof is on me.

I told him no thats not how the law is. he said the debt is 5 years old and how did i expect them to prove it? i said not my problem.

he goes fine you have no desire to pay this so he is putting on my report. i told him he does and he will get sued.

I don't recall having the CC. also i called my wife and she said nope i didn't have a CC at that time.
 
halik

halik

Lifer
Oct 10, 2000
25,696
1
81
He was talking out of his ass, IIRC they can't do shit without the proof under FDCPA

ehow ftw:
http://www.ehow.com/facts_5996378_proof-debt_.html


Effects
# If the collection agency fails to provide adequate proof of the debt, any derogatory entry on the consumer's credit report concerning the debt must be removed.
 
dainthomas

dainthomas

Lifer
Dec 7, 2004
14,941
3,922
136
He's not putting you on any kind of "report". They'll lie about anything to squeeze cash from you.
 
zinfamous

zinfamous

No Lifer
Jul 12, 2006
111,892
31,410
146
Could be that someone with the debt found you in the phone book, or wherever, and used your name, number, address as contact info.

Happens a lot. A former boss of mine had, for several years, collection agencies contacting her constantly regarding some d-bag and his various debts. d-bag randomly selected her and despite her constantly explaining the situation to the creditors, they kept harassing her about it.
 
SunnyD

SunnyD

Belgian Waffler
Jan 2, 2001
32,675
146
106
www.neftastic.com
Actually, a verbal request for debt validation isn't good enough. You have to wait for them to send you a collections statement, then YOU have to send then a debt validation request IN WRITING (preferably by certified mail for your records). Then it's on them, they have to validate all details of the debt as legitimate with the original creditor. If there's so much as one mistake in the validation process then they may buzz off, or pretend there isn't, sending you the paperwork on said validations, at which point you pick through it and find the information that is incorrect.

Boom, invalid debt collection. If they continue to try to collect, you sue their asses.

Simply put, EVERYTHING MUST BE DONE BY MAIL.
 
D

darkxshade

Lifer
Mar 31, 2001
13,749
6
81
SunnyD said:
Simply put, EVERYTHING MUST BE DONE BY MAIL.
Click to expand...

That's sort of BS... what's stopping shady collection agencies from cold calling random people telling them they owe money? Almost criminal if you ask me... they may as well move their HQ to Nigeria.
 
GuitarDaddy

GuitarDaddy

Lifer
Nov 9, 2004
11,465
1
0
Next time they call ask them to give you the SS# or EIN on the account. If they don't come back with your #'s they don't have shit, tell them to go pound sand and don't worrry about it further. If they do have your # then it's a little more serious and you need to take the steps outlined by SunnyD
 
T

Train

Lifer
Jun 22, 2000
13,590
86
91
www.bing.com
Take a look at the statement. It will either be places you remember spseding money, or be totally bogus (could have been identity theft even)
 
LTC8K6

LTC8K6

Lifer
Mar 10, 2004
28,520
1,576
126
darkxshade said:
That's sort of BS... what's stopping shady collection agencies from cold calling random people telling them they owe money? Almost criminal if you ask me... they may as well move their HQ to Nigeria.
Click to expand...

They cold call people with the same or similar names. They are fishing. Happens all the time.

They have to send you a statement first, before anything will happen.
 
rudder

rudder

Lifer
Nov 9, 2000
19,441
86
91
purbeast0 said:
that is amazing.
Click to expand...

I don't believe it.... there is no way a debt collector would lie. These people take years of classes on state and federal laws. I just don't believe his story. Something else is going on here.
 
I

IceBergSLiM

Lifer
Jul 11, 2000
29,932
3
81
I was threatened I'd be served papers over $700 that I refused too pay. I almost caved and paid it. Glad I didn't as its been 6 months and I haven't heard anything else.
 
PingSpike

PingSpike

Lifer
Feb 25, 2004
21,758
603
126
I've had collectors calling my house for years because some one had my phone number before and had debts I guess. I'd tell them I had no idea who that was and they'd just call back over and over again. They'd always start out with a pissed demeanor and then act all nice once I told them I didn't know them. You'd think they'd actually go the other way around because if I had debts and some one growled into the phone "Hey, is fucking PingSpike there?" I'd still say I had no idea who that was.

Also, the previous owner of my house's son has some law office after him for I suspect child support. They've had a Sheriff try to serve him papers here, and then they've called a million times (they must have looked up the owners house address in the phone book, saw the completely wrong god damn names next to it and said "close enough" and started calling).

I've solved all these problems by just never picking up the telephone unless I recognize the caller. Unknown caller? Private Number? You'd better leave a message because I sure as fuck don't pick those up.

Edit: I just googled the name of previous owners son and my state. There's actually a foundation with the same name (no relation from the looks of it) created after a boy who went to our same local high school died of brain cancer. Oh man, I can just picture the same moron squad at that law office now calling his parents up and asking where their dead son is so they can serve him a court summons.
 
Last edited:
B

bobdole369

Diamond Member
Dec 15, 2004
4,504
2
0
Actually, a verbal request for debt validation isn't good enough. You have to wait for them to send you a collections statement, then YOU have to send then a debt validation request IN WRITING (preferably by certified mail for your records). Then it's on them, they have to validate all details of the debt as legitimate with the original creditor. If there's so much as one mistake in the validation process then they may buzz off, or pretend there isn't, sending you the paperwork on said validations, at which point you pick through it and find the information that is incorrect.

Boom, invalid debt collection. If they continue to try to collect, you sue their asses.

Simply put, EVERYTHING MUST BE DONE BY MAIL.
Click to expand...

This.

Also something that will help here, it'll cost you a few bucks -

Get your FACTA free yearly reports in a week or 2 if you don't get the dunning notice from them.

In any event look up "Vision Financial" (googles your friend)

Send them a certified letter return receipt requested -

Dear Vision Financial,

This is our first communication. I dispute the validity, character, amount, and status of any debt your company claims I owe. I request validation of any debt.

Further it is inconvenient to contact me by phone at any time or place. It is also inconvenient to call my workplace, or me at work as I am not allowed phone calls. Any further communications will be via US mail at this address.

Best Regards,

Waggy


And to another point made... There is NOTHING preventing

ATOT - stay off the phone when dealing with debt collectors. Since its likely illegal to record phone calls in your state (or that any recordings will be inadmissible) they will do anything they can, including break the law (they wipe their ass with the FDCPA and any state laws regularly, but since you can't (legally) record it, you can't prove they said something. ) in order to collect.

There is a number of things they cannot do or say, but the scumbags do it anyways. Educate thyself.
 
highland145

highland145

Lifer
Oct 12, 2009
43,973
6,338
136
bobdole369 said:
ATOT - stay off the phone when dealing with debt collectors. Since its likely illegal to record phone calls in your state (or that any recordings will be inadmissible) they will do anything they can, including break the law (they wipe their ass with the FDCPA and any state laws regularly, but since you can't (legally) record it, you can't prove they said something. ) in order to collect.

There is a number of things they cannot do or say, but the scumbags do it anyways. Educate thyself.
Click to expand...
In the fine state of S.C. only the recording party has to know.o_O
 
alkemyst

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
I'd make sure you review this off the meds that make you post odd.

If they can prove you owe a creditor and they bought your debt then you owe them.

Should be easy proof with just a credit report.
 
edro

edro

Lifer
Apr 5, 2002
24,326
68
91
My boss said he gets collections calls for the guy who used to live in his house.
It's a different phone number, but the address is the same, so the collectors start there.

Did you buy a foreclosure home? Are you living in a used home?
 
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