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 Post subject: Debt Collector
PostPosted: Mon Mar 12, 2012 4:32 pm 

Joined: Wed Oct 07, 2009 4:16 pm
Posts: 949
I have an old debt (8yrs), its no longer on my credit report.

I received a call from a debt collector trying to collect payments.

Since I didn't see it when I had started to pay off all my debts, I had no way of contacting them.

I asked the rep to send paperwork, and the rep stated there aren't any?!

What should I do? What can I do?

Should I just pay it off, even if it is off of my credit report.

I live in Florida if that matters.

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 Post subject: Re: Debt Collector
PostPosted: Mon Mar 12, 2012 5:29 pm 

Joined: Mon Nov 01, 2010 5:15 pm
Posts: 962
fantasma wrote:
I have an old debt (8yrs), its no longer on my credit report.

I received a call from a debt collector trying to collect payments.

Since I didn't see it when I had started to pay off all my debts, I had no way of contacting them.

I asked the rep to send paperwork, and the rep stated there aren't any?!

What should I do? What can I do?

Should I just pay it off, even if it is off of my credit report.

I live in Florida if that matters.

IMO...if he can't prove what you owe then you don't owe. I'd tell him not to call back until he has your paperwork.

From a practical standpoint if it's next to nothing & one little payment will make it go away, I'd just bite the bullet & pay it.


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 Post subject: Re: Debt Collector
PostPosted: Mon Mar 12, 2012 5:34 pm 

Joined: Wed Oct 07, 2009 4:16 pm
Posts: 949
its 800+ not more than 850$

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 Post subject: Re: Debt Collector
PostPosted: Mon Mar 12, 2012 6:07 pm 

Joined: Mon Nov 01, 2010 5:15 pm
Posts: 962
fantasma wrote:
its 800+ not more than 850$

So much just for paying them a couple of bucks just so they'll go away. I'd still put my foot down & make them produce documentation regardless of whether you owe the money or not.


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 Post subject: Re: Debt Collector
PostPosted: Tue Mar 13, 2012 3:19 am 

Joined: Mon Feb 07, 2011 6:33 pm
Posts: 841
Location: Illinois
Don't pay unless they can produce documentation.

Under the FDCPA*, they have to provide you with verification of the debt when you ask. If there is no verification, and they proceed further they are likely in violation and the penalties can be pretty severe for them. I'm not an expert in the act, so do our own research on it.

Since it was an 8 year old debt, it might be barred by your state's statute of limitations, as well. Again, do some research, I don't know Florida's laws

*Fair Debt Collection Practices Act (federal law)


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 Post subject: Re: Debt Collector
PostPosted: Tue Mar 13, 2012 7:53 am 

Joined: Thu Oct 23, 2008 9:57 am
Posts: 45
Location: Chevy Chase, MD
Honestly, it sounds like a scam more than anything legitimate. Even if it's legit, it's too old to be on your credit report, and it's not legit unless they provide paperwork.

Worse, if you do just up and pay it, it most likely WILL end up on your credit report, with a much newer date (possibly this year).

If they call again, document EVERYTHING until you get either paperwork or a court date. As a note, any court will likely throw them out without paperwork.

I'm not a lawyer, but I did go through a nasty bit of collections a while back, and made the mistake of paying off one lone debt years later when I was solvent. When everything else dropped off, I still had one floating, as it was about four years old, instead of 7-8. Screwed my credit for a while.


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 Post subject: Re: Debt Collector
PostPosted: Tue Mar 13, 2012 8:44 am 

Joined: Fri Sep 12, 2008 12:29 pm
Posts: 1305
Location: Seattle, WA
They probably bought the debt for pennies on the dollar and are looking to score. They're hoping you're not informed enough to know that a) They can't collect on the debt b) They can't do anything to your credit report c) They can't sue you and d) That your moral obligation, if any, is to the original creditor and not to a scrape-the-barrel debt collector.


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 Post subject: Re: Debt Collector
PostPosted: Tue Mar 13, 2012 9:35 am 

Joined: Thu Jun 23, 2011 3:24 pm
Posts: 88
I agree, if it's legit they should certainly have paperwork.

I got a written notice from a debt collector maybe a year ago that did asked for maybe $140 for a debt from many years ago (like 15!) - it did cite the original merchant, but it wasn't a merchant I had ever purchased anything from. I sent the collector a letter stating that this wasn't my debt and that they should leave me alone; I copied my State Attorney General's office. Never heard from the collector again.

If you have an address for the collector, you might try writing a similar letter.


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 Post subject: Re: Debt Collector
PostPosted: Sat Mar 17, 2012 6:01 am 

Joined: Tue Sep 20, 2011 2:20 am
Posts: 196
NO! Do not pay this person one cent. This is what they call a "scavenger debt collector". The debt is charged off and can't hurt you anymore, that is unless you pay this scumbag a single cent.

You have no legal obligation to pay off this debt. Tell the collector, IN WRITING, via certified AND first class mail, never to bother you again, and that the debt is invalid, and that you will sue them under the Fair Debt Collection Practices Act if they continue to harass you. They should go away pretty quick.

Just so you don't feel too guilty about not paying, this agency has bought your old debt for pennies on the dollar. They aren't losing out much, and for everyone who knows their rights and doesn't pay, there are ten more people getting fleeced by these tricksters.


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 Post subject: Re: Debt Collector
PostPosted: Sun Mar 18, 2012 11:50 am 

Joined: Fri Sep 12, 2008 12:29 pm
Posts: 1305
Location: Seattle, WA
flinch13 wrote:
Just so you don't feel too guilty about not paying, this agency has bought your old debt for pennies on the dollar. They aren't losing out much, and for everyone who knows their rights and doesn't pay, there are ten more people getting fleeced by these tricksters.


I doubt that they collect on 10 out of 11 of these old debts. I'd bet it's more like 1 out of 11. That's why they get them so cheap.


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 Post subject: Re: Debt Collector
PostPosted: Sun Mar 18, 2012 6:05 pm 

Joined: Wed Oct 07, 2009 4:16 pm
Posts: 949
stannius wrote:
flinch13 wrote:
Just so you don't feel too guilty about not paying, this agency has bought your old debt for pennies on the dollar. They aren't losing out much, and for everyone who knows their rights and doesn't pay, there are ten more people getting fleeced by these tricksters.


I doubt that they collect on 10 out of 11 of these old debts. I'd bet it's more like 1 out of 11. That's why they get them so cheap.



FYI: They haven't called since I asked for paperwork.

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 Post subject: Re: Debt Collector
PostPosted: Mon Mar 19, 2012 10:19 am 

Joined: Mon Apr 25, 2011 7:37 am
Posts: 386
Yes do exactly what they suggest. Outside the statute of limitations, the original owner of the debt has written it off by now (if it was even there). IF you say to the person on the phone, yes this is my debt, that is enough for them to start sending you harassing letters, etc, reactivate the debt. All they are doing is fishing, looking for you to acknowledge the debt.

This happened to my sister for a many years old medical debt. Since she didn't know her rights (even though the hospital long ago had written it off) she acknowledged it and they kept harrassing her till she paid a portion of the debt.


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 Post subject: Re: Debt Collector
PostPosted: Mon Mar 19, 2012 10:32 am 

Joined: Wed Oct 07, 2009 4:16 pm
Posts: 949
partgypsy1 wrote:
Yes do exactly what they suggest. Outside the statute of limitations, the original owner of the debt has written it off by now (if it was even there). IF you say to the person on the phone, yes this is my debt, that is enough for them to start sending you harassing letters, etc, reactivate the debt. All they are doing is fishing, looking for you to acknowledge the debt.

This happened to my sister for a many years old medical debt. Since she didn't know her rights (even though the hospital long ago had written it off) she acknowledged it and they kept harrassing her till she paid a portion of the debt.


I didn't acknowledge the debt, I told them to send me paperwork. I am still waiting to see, if they'll send it or not. They did call my work number though.

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 Post subject: Re: Debt Collector
PostPosted: Fri Mar 23, 2012 12:43 am 

Joined: Thu Mar 22, 2012 6:42 pm
Posts: 6
If I were in your situation, a complete documentation won't cut it. They have to verify it first.


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 Post subject: Re: Debt Collector
PostPosted: Fri Mar 23, 2012 4:55 am 

Joined: Tue Mar 11, 2008 12:19 pm
Posts: 1505
Location: Ottawa, Canada
All this loophole scumbaggery makes me sick. Welching on a debt you know you owe over some obscure technicality really shows everyone what kind of a person you are.

If you know you owe the debt, and you can pay it, then you should pay it. It's really as simple as The Golden Rule. If someone owed you the money, and you lost the "IOU", how would you feel if they weaseled out of it by saying, "Well, if you can't find the IOU, then I guess I'm not paying you back."

If you can't pay it back, then that's a different story. But if you've got the money, and you know you owe it, and are just trying to squirm out of it by asking for some impossibly old paperwork, well, I hope you're proud of yourself (in general - not you specifically, fantasma). What a great example for your children.


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