loaf Posted May 2, 2007 Share Posted May 2, 2007 I kinda remember you posting how to combat this but can't find the thread. I got a friend who just shot this email over to me: I got a call last week from a collection agency about a Verizon bill I am sure I paid 4 and a half years ago. It wasn't for a whole lot of money but still significant, $150. This is the first I've heard of the bill and I am sure I would have paid it if we actually got the bill back then. Since then, we've moved and I have no idea where the receipt would be and we don't even have the same bank. I guess I could call my old banks and get statements but how can they come after me after more than 4 years? I am told by the collection agency I have no recourse at all, I either pay it or it goes on my credit. Anyone else run into this before? Between time on the phone with my old banks and probably having to pay for back statements it might be just as easy to pay the stupid $150. At least it wont hit my credit report as it would take at least a month for my banks to get all my back statements. I guess I mark this as a learned lesson, keep ALL receipt's for all bills paid at least 5 years. Wasn't there some sort of cease and desist or something or other you recommended? TIA Quote Link to comment Share on other sites More sharing options...
darin3 Posted May 2, 2007 Share Posted May 2, 2007 (edited) I kinda remember you posting how to combat this but can't find the thread. I got a friend who just shot this email over to me: Wasn't there some sort of cease and desist or something or other you recommended? TIA I believe that was a result of my query about something similar. I Googled "cease and desist samples" and got some decent info. Edit: Scammers are now posing as "collection agencies". I believe they are bound by law to provide written proof that you owe the money. Also, you could call the original debtor for the information, too. Edited May 2, 2007 by darin3 Quote Link to comment Share on other sites More sharing options...
yo mama Posted May 2, 2007 Share Posted May 2, 2007 I kinda remember you posting how to combat this but can't find the thread. I got a friend who just shot this email over to me: Wasn't there some sort of cease and desist or something or other you recommended? TIA Loaf! Quote Link to comment Share on other sites More sharing options...
Big John Posted May 2, 2007 Share Posted May 2, 2007 here is one Quote Link to comment Share on other sites More sharing options...
yo mama Posted May 2, 2007 Share Posted May 2, 2007 (edited) Okay, seriously now... Your friend doesn't have to do squat until he or she receives a "demand letter" in the mail. Until then, the debt collectors can't (legally) do anything to his credit, ask for money, etc. If and when your friend does get a demand letter, he has to send a "cease and desist" letter within X number of days (can't remember off the top of my head, but I think its 60). Its a standard looking letter, though in egregious cases (like where you are considering a counter-suit against the debt collector) you can go into as much detail as you want. I have my "long" version (where I beat the debt collector into bloody pulp then feed the mangled carcass to sharks with laser beams on top of their heads), and I have my "short" version (which merely contains the magic words you need to use to put the ball back into the collector's court). Long story short, a cease and desist letter puts the burden back on the debt collector to prove you owe the debt. Before that, they can make whatever ridiculous allegations they want to. However, if your buddy really does owe the debt the C&D letter will merely be a delay tactic that results in him getting sued to collect the debt. If there is no real debt, or its just not his, a C&D letter should make the problem go away. If I were your friend, and the collector called again, I'd demand all the collector's information (name, tele, addy, company working for, etc) then make it real clear to the collector that unless the next communication is a "demand letter" that he'll report the collector to the Federal Trade Commission. That might be enough. If it isn't, at least it will prompt a formal demand letter that he can reply to. Because, again, until that formal demand letter shows up in the mail he can just laugh at the debt collector over the phone then hang up on him, and nothing bad will happen. Edited May 2, 2007 by yo mama Quote Link to comment Share on other sites More sharing options...
loaf Posted May 2, 2007 Author Share Posted May 2, 2007 Thanks alot! Quote Link to comment Share on other sites More sharing options...
yo mama Posted May 2, 2007 Share Posted May 2, 2007 Thanks alot! If you need a draft C&D letter, PM me an email address. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.