Question about debt collection?

Question

HSBC claims to have a debt that belongs to me. The account ended up going into default and they sold it to a collection agency. The collection agency sent me a threating letter. In accordance with the Fair Debt Collection Act, I sent them a certified letter demanding them to verify the debt and instructing them to not call me again. They never bothered to verify the debt and I never heard from them again.

Now over a year and half later, a new company has started calling me in reference to the debt.

I have a couple questions:

Does my original letter cover the debt or the company? What I mean is, Are they in violation of the FBCA by calling me? Or do I have to send a new letter?

Also, what are they required to send to verify the debt?

Answer 1

you need to send a new letter to the new company. you have 30 days to do so.

they arent in violation of the FDCPA. i'm not sure what FBCA is. They were sold a debt, the previous compnay should have taken care of it.

Answer 2

You need to send a new letter to the new agency.  The original letter stopped the agency, but the original creditor can place it with another agency.  If the debt was truly sold, it can be sold repeatedly.  If it's a threatening letter (not just asking for payment in strong terms), that's illegal.  Also note that this will remain on your credit for up to 7 years, but should only be listed once, not once per agency.

There's a lot of latitude in what verifies a debt.  Ideally would be something you signed, but it could also be as simple as an itemized statement for services provided.

Answer 3

First of all is this debt on your credit reports, if not then tell them to pound sand.

If it is listed on your credit report, then send them a request for validation, you just know they will not be able to validate the debt because the previous collection agency failed to validate it.

They can purchase the debt and call you but all you need to do is send them a cease and decist letter and state that because the prior collection agency never validated the debtas required by the FDCPA,  you will seek civil action under the FDCPA 15 U.S.C. § 1792 et se:  Ã‚§ 1692k. Civil liability.

If you disputed this debt once before with the credit reporting agencies and they deleted the debt on your credit report then under the FCRA, the CRA's would have to send you a notice that a disputed item that has been removed has been reinstated.  Ã‚§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

Also check to see if this debt is past your states statute of limitations to seek legal action (which it is no doubt time barred because it was sold to another agency)  Here is a link to find your states SOL

http://www.bcsalliance.com/statute_of_li...

If it is beyond your states SOL, then send them a certified letter/return receipt stating it is time barred.  If you need a sample email me.

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.

Answer 4

I am not a lawyer, but I know a lot of these companies are just bullies, hoping some people will pay just to get rid of them. This happened to me--it was NOT money I really owed, just a bookkeeping error on their part. I asked for confirmation and they never replied, just sent me increasingly threatening letters. I ignored them and they went away.

Answer 5

send nu letter...it werked 1 time, maby werk agin

Answer 6

You'll have to request separate validations for each new debt collector that tries to collect...sorry.

Answer 7

The first collection agency didn't bother to respond and just sold off the debt to another collection agency. This is very common.

You need to send a certified, return receipt letter to this new collection requesting VALIDATION (not verification).  Be careful using any form letters you find on the internet.  It is best to use your own words and not the amateur legalese and error riddled form letters.  Ask that validation include copies of any contracts or other documents that prove this is your debt.  Give them 30 days to respond.

If they fail to respond, send a dispute to the credit bureaus (if the item shows on your credit report), with a copy of your validation request.  Ask that the item be deleted as the creditor failed to validate.

The collector may very well sell the debt off to yet another collection agency.  You would have to send another validation request to the next one.