I am in California. I have a collector hassling me for a cc debt that I have disputed (in writing, cert. mail). This is the third collection company that has tried to collect, first two have NOT supplied the verification I have demanded in writing. This latest collector (who calls even though I previously stated ALL contact must be in writing) has refused to provide me with a verification of the debt in writing, and states that if I demand the written confirmation "they will assume I don't want to settle the debt for a lesser amount (75%)" and will move forward with "legal process".So what should I do at this point, what are my options?
State/Country relating to question: California
See my question. It says it.
Thank you for the post, I am happy to assist you by answering your questions. Do you legitimately not owe the debt, or are you forcing them to prove the debt as a defense strategy?
I am not 100% certain I owe it. They claim to represent HBSC, and I have an HBSC credit card which I use on occasion, and has $0 balance currently and is not/was not in arrears.
Thank you Mike, you can make them prove it by forcing them to file suit against you to enforce the debt at which point you could contest the suit on the grounds that debt was satisfied. If they prove that the debt is yours and enforceable, the next step would be to contact the plaintiff's counsel to reach a settlement.
So I thought consumer law says they were required to supply evidence of their claim in writing when demand is made by the consumer. I don't understand their reluctance to do so, lawsuit seems a lousy/expensive option for them and me just to get a piece of paper out of them.
They are required to verify your liability by contacting the creditor and providing verification of your liability, but this is not necessarily a copy of the credit card agreement.the law you are referencing is the fair debt collection practices act which requires that a collection agency produce evidence of the debt within 30 days of request. Please let me know if you have any follow up questions.
Thank you. I only have a fax. # XXXXX them, I will draft a letter, send by fax and demand they supply verification of liability from lender within 30 days. My bet is they are having a problem getting that, hence their trying to strong arm me into agreeing to accept their settlement amount or acknowledge the debt without actually getting some evidence of it.
Thank you Mike, please remember to rate my answers positively if I have answered your questions, and please let me know if you have any follow up questions.
Successful consumer advocate.
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