Disputing bills with creditors?
Question by r1971n: Disputing bills with creditors?
I reciently was contacted by West Asset Management about a bill that I know I never had. They claim that they are working on behalf of Embarq (Part of Sprint Communications). I have contacted both Embarq and Sprint and both confirm that I owe nothing and my name isn’t even in their system.
My question is: if Embarq was alleged to either used West Asset or even sold my debt to them, wouldn’t Embarq still have some type of record on my account.
Best answer:
Answer by Jeremy Kitching
I agree with Jim B. Send them a debt validation letter. This gives them 30 days to prove the debt is yours or they have to remove any negative information from your credit report (if they have even put anything on it). If they don’t, then you can sue them for violation of the Fair Credit Reporting Act.
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September 12th, 2010 at 6:17 pm
Credit collection agencies are NOTORIOUS for chasing people who have similar names, phone numbers or addresses to people whose debts they buy.
This means if the real debtor is untraceable they will chase almost anyone…
I know it has happened to me. I was hounded 24/7 every 30 minutes for 3 weeks for someone’s business rates who had nothing in common but the first 3 digits of my phone number.
September 12th, 2010 at 6:23 pm
You need to request in writing a validation of debt from West Asset. They are a large agency. You have 30 days to do this. The agency must prove this is your debt or stop contacting you. It is very possible that Sprint would no longer show you open on their books if they turned over to collection agency since they have written off the debt. Doesn’t mean you don’t owe it & they can sell the debt to collection agency.
September 12th, 2010 at 6:53 pm
Not necessarily! A few years ago I went through something similar to this with a collection agency and Verizon. I contacted Verizon and they had no record since the account had been sold. I disputed the charges and was actually forced to pay when the collection agency was able to prove it was my account and I was past due. It was on a land line I only had for about three months and I sure didn’t remember the number nor the fact that I had not paid for the last month of service! It was ultimately proved that it was mine and I even went back through my bank statements seeing if I could verify I had paid for that last month’s service. Come to find out I had just spaced it out so I did owe, I did pay, and nothing was reported to my credit report.
September 12th, 2010 at 6:58 pm
From the infamous Hanna Family of notorious debt collectors, West Asset Management (a.k.a. World Wide Asset Mngmnt) is a bottom feeder debt buyer incorporated in NV and run out of Marietta, GA by Fred Hanna (brother to Fredrick J. and his son, Tye Hanna). The Hanna organization has a tainted reputation for lies.
Nothing this organization says or does should be taken at face value; anything and everything should be challenged including any court filings and credit bureau reporting. WWAP is a bottom feeder debt buyer of old portfolios that may be totally lacking in legal validation and possibly out of statutes. The Hanna reputation has always been one that is tainted, dating back more than twelve years, so anyone dealing with WWAP is warned to be very cautious. Paying WWAP will not help you or your credit reports.
Send them the following letter by certified mail/return receipt requested. Use the sample I have included, you just fill in the blanks with your information. Here is their mailing information:
2 Ravina Drive, #1750
Atlanta, Georgia 30308
Phone: 888-211-7488
866-252-9271
Fax: 770-618-2233
DO NOT talk to them on the phone (this gives you no records of contact) and DO NOT give them any bank or credit card info!!
DATE
From:(NAME)
(ADDRESS)
(CITY, STATE, ZIP)
To:(NAME OF AGENCY)
(ADDRESS)
(CITY, STATE, ZIP)
Subj: Verification of Debt, request for
Ref: (INSERT ACCOUNT NUMBER SHOWN ON COLLECTION NOTICE)
To whom it may concern:
This letter is to inform you that pursuant to Title VIII, Debt Collection Practices, § 809 of the Federal Trade Commission and 15 U.S.C. § 1692g, I am hereby registering a formal request for Verification of Debt.
The account in question listed as an installment account with (NAME OF ORIGINAL CREDITOR) opened (insert date) and indicates an initial balance of (enter amount) It is now currently being shown as collection account with past due amount of (enter amount) as of (insert date).
Unless legal proof and verification can be shown, I request you remove the derogatory entry with any credit reporting agencies that may list this debt (and any other agencies you have filed with) immediately to avoid any possible legal recourse on my behalf pursuant to 15 U.S.C.§ 1692k.
Respectfully
(NAME)
They will have 30 days to verify the debt (which they won’t be able to) durring this time they can not contact you or harass you. If you get no repsonse within thiry days, then you can file a dispute with the CRA’s to have the entry removed from your report as “unvalidated”. Here is a link to do that
http://www.ftc.gov/bcp/menus/consumer/credit/reports.shtm
Download a pdf file regarding how to dispute with CRA’s
Hope this answers your question
LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice.
September 12th, 2010 at 7:40 pm
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