Debt Collection, what to do?

[GorilaBoyNorton]

Hey guys,

My mom got a call from a place called Cavalry Portfolio Services. They claim my mom owes like 50 or 60 bucks from an 8 year old Sprint bill.

I looked around on the internet, these guys seem to be bottom the barrel debt collectors.

So I was tooling around, and a lot of people seem to claim that they never owed the debt in the first place. Sprint seems to have let Cavalry handle their past due debt collection services.

What should I do? I was thinking about telling my mom to get her credit report and see if they listed the debt on her credit report, because aren't you supposed to contact the person in debt and give them a chance to pay the debt before you actually put it on their credit report?

It's only 50 bucks, but I'm afraid that if we pay (I will pay my USPS money order, no fucking way I'm using anything with a checking account number on it) they will have already fucked with my moms credit and probably ruined her credit score over 50 fucking bucks without giving her a chance to pay it back.

Anyone else been in this situation?

I honestly don't think my parents have ever used Sprint, so this is troubling me. But it's only 50 bucks, and I don't have the resources to take any kind of legal action. I asked them to mail me a letter with all the specifics so I could check with Sprint to see if the debt is legit.

Thanks guys!

Edit: Here is there link on the BBB: http://search.newyork.bbb.org/reports.aspx?id=44051&pid=44&page=0&FindStr=cavalry&SearchBy=company&Address=&City=&Phone1=&Phone2=&Phone3=&MembersOnly=False

I'm just really looking for what to do in my situation? Again, I think me or my mom filing a lawsuit for a 50 bill is out of the question, but I don't trust these guys to remove the debt in a timely manner.

[DanaReevesLungs]

It's a complete and total scam. Tell them it's way past the statute of limitations and have her tell them the moment she answers the phone that she's recording the conversation. They'll hang up immediately.

Listening to Dave Ramsey helps you weed out some of this shit, but common sense is the best practice.

[maz]

I started gettig bills for a GQ magazine subscription a while ago

Wrote back on 1 of them to Fuck Off

I never ordered that shite

Now got a couple from some collection agency

Haven't even bothered to respond

[wes mantooth]

If it's been over 8 years I seriously doubt they can do shit especially over 50 dollars. I'm sure some other baggers can give you more details though.

[GorilaBoyNorton]

But on some sites, they actually have reported that this company fucked up their credit score, like dropped it 100 points.

Cocksuckers also said they would email me a copy of the letter they were going to send me, they are full of shit.

I think I'm going to tell my parents to run a credit report and file a complaint with the Better Business Bureau.

[CousinDave]

As someone who has been a victim of identity theft - to the point of having someone getting a drivers license in my name, its a tough call, if you pay it and are not responsible for it, you'll get a lot more collection agencies coming after you.

Something that happens frequently is someone with a similar name and date of birth to you, you'll get a lot of their transactions on your credit report.

They will not remove the debt, and if you pay it, it will go on her credit report that it was years late.

Pressure needs to be put on politicians to pass laws that say you can not put a negative credit rating on someone with out first getting a judgment against that person.

[DanaReevesLungs]

But on some sites, they actually have reported that this company fucked up their credit score, like dropped it 100 points.

Cocksuckers also said they would email me a copy of the letter they were going to send me, they are full of shit.

I think I'm going to tell my parents to run a credit report and file a complaint with the Better Business Bureau.

If they fuck with her credit score, all you can do is dispute it, but if the debt's 8 years old, it shouldn't matter. Debt is wiped off of your credit report after 7 years.

[WhiteHonkyDevil]

If they fuck with her credit score, all you can do is dispute it, but if the debt's 8 years old, it shouldn't matter. Debt is wiped off of your credit report after 7 years.

You know what's fucked up? The goddamn PUBLIC LIBRARY is coming after me for money I may or may not owe from 1998. Holy shit...and it's not even for lost materials, it's for shit that's been turned in, but had late fees.

I don't know what the deal is...I think everything CAN be expunged after 7 years, but if someone wants it bad enough, they can keep it on your record (for lack of better terms...I'm drunk, alright?). I mean, really....I just learned 2 weeks ago that I have overdue fines from a fucking DECADE ago that are affecting my credit.

Fucking strange.

[GorilaBoyNorton]

Here are the specifics:

It is supposedly a Sprint bill owed from March 15, 2002. Funny thing, my parents never used Sprint.

Apparently a lot of these debt collection firms buy Sprints old or expiring debt for pennies on the dollar. And they try to collect from people who don't know any better.

http://articles.moneycentral.msn.com/Banking/YourCreditRating/IsThereAStatuteOfLimitationsOnDebt.aspx

Here is a site with all the statue of limitations on how long they can hound you for debt: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml#2
New York seems to have a 6 year statue of limitations, but I have to throw in a 6 months.

Another useful link: http://consumerist.com/consumer/interviews/debt-collector-trying-to-collect-7-year-old-debt-258826.php

So from my mom's quoted date, they have until September 15th 2008 (what a fucking coincidence they are calling now) to try and collect the debt.

I'm not quite sure what to do in this situation. Do I just sit tight until September 15th? I'm thinking wait until September 15th, or to be safe October 2008, deal with their bullshit calls, just keep asking them for proof of the debt. And then when for sure their statue of limitations is up, tell them to fuck off and file a complaint with the Better Business Bureau.

Fact of the matter is, there is no proof because my parents NEVER USED SPRINT!

BTW: Thanks to all the Baggers for their help. Fucking WB rules!

[BravoSierra]

Dude, if it feels like a scam... it's probably a scam. They probably see your mother is an older woman (I'm assuming) and expect her to be an easy target. Stand up to these shitholes... call them and question everything about them. Where is their office?.... speak to their supervisor... email them with questions.... which country are they based out of.... bug the fuck out of THEM. Once all those answers seem legit, then I guess pay them. If Macintosh started bugging me about some debt I owe them, I'd 100% call bullshit because I don't buy their products. If your mom doesn't use Sprint... what fucking debt will she owe? THINK MCFLY! THINK! :)

[DanaReevesLungs]

I wouldn't pay them a dime. You know how many people they are calling trying to collect bullshit debt? Probably tens of thousands. The probably got your mom's name and info through a telemarketer's call list and made the charge so minimal that the common person wouldn't even question it and pay. They likely paid a few thousand bucks and if they collect on just 10%, they've made 100% profit.

If they falsely hit your mom's credit the fines are astronomical, but dipshit companies like this are willing to take that chance.

Good luck with this.

[JimsInfectedEye]

First thing to do is to dispute the bill. Normally, when you get a collection letter (often referred to as a "dunning letter" in credit circles), it states you have 30 days to dispute this debt. Google "debt validation letter" and you'll come up with some hits. Send the letter certified mail and return receipt, so it proves they received your request for confirmation of the debt. 90% of debt collectors stop at that level, because it shows you're doing your homework and they'll move on to easier bait.

There are lots of credit laws protecting the consumer, such as the FCRA (Fair Credit Reporting Act) and FDCPA (Fair Dept Collection Practices Act).

Pull the credit report and make sure its not on there. If it is, dispute it. They have to legally provide proof about the debt, if they can't, by law it has to be removed. If its NOT on the report, I wouldn't sweat it too much.

[THE FEZ MAN]

fuck em.

[d0uche_n0zzle]

fuck em.

I concur.

But make sure you send a dispute letter, certified with return receipt.

[JSHAW]

I have heard that some debt collection agencies buy someone's old outstanding debts from company to company that have never been able to collect on it, and they keep that old outdated shit reactivated like it was never wiped clean after 7 years and these companies attempt to strongarm people into paying it.

I have recently had a company out of florida call me and leave a message that me OR my lawyer need to contact them immediately, like that is going to have me crapping my pants and lunging for the phone. Piss off is what I say to those scumbags.

[JimsInfectedEye]

I have heard that some debt collection agencies buy someone's old outstanding debts from company to company that have never been able to collect on it, and they keep that old outdated shit reactivated like it was never wiped clean after 7 years and these companies attempt to strongarm people into paying it.

I have recently had a company out of florida call me and leave a message that me OR my lawyer need to contact them immediately, like that is going to have me crapping my pants and lunging for the phone. Piss off is what I say to those scumbags.

Its called "re-aging". And its illegal, the collection company NCO got a hefty fine for doing this.

[d0uche_n0zzle]

Its called "re-aging". And its illegal, the collection company NCO got a hefty fine for doing this.

I had some clowns try and tell me I'm still responsible for a debt well over fifteen years ago. I loffed and loffed at the silly cunt on the phone and told her she must be on drugs. Of course, she was one of those dark skinned, low IQ people who insisted I was responsible for it.

Sent a certified letter basically telling them to FUCK OFF.

[Sinn Fein]

Everyone else has pretty much covered it, but there are companies buying up old uncollectable debt and trying to collect it from people who are uninformed and don't know any better.

[Arc Lite]

I concur.

But make sure you send a dispute letter, certified with return receipt.

Yes, do this for sure.

I recently had a similar thing from an old bank. This was a 7 year-old charge. Some collection agency sent me a letter claiming I owed the money. It may have been legit. But the bank didn't exist anymore so I couldn't call them to verify I had an account and I had no old paperwork.

They stated in the letter I had 30 days to dispute. I sent back a letter saying that I could not prove the charges were mine. I did a free credit report and those didn't have those charges on there, etc. I have not heard from them again.

[BCH]

Here is there link on the BBB: http://search.newyork.bbb.org/reports.aspx?id=44051&pid=44&page=0&FindStr=cavalry&SearchBy=company&Address=&City=&Phone1=&Phone2=&Phone3=&MembersOnly=False

Ha it's nice to know that if they come after me, I can drive over there in 5 minutes and beat the shit out of someone.

[ddberry]

Have you tried contacting Sprint? Even if a company turns a debt to an agency to collect, they still keep a record so they can record any recoveries. Also, if a company is using Sprint's name to commit fraud, Sprint may want to try and put the kibash on it.

[Jef Leppard]

Its called "re-aging". And its illegal, the collection company NCO got a hefty fine for doing this.

nco sucks a cock. theyre hounding me for my moms credit card debits totaling about 20k. she died in march 07 and all she charged was food, meds, and utilities. the dumb fuck tell me " they will arrange for recovery of items purchased" i told some jerkoff to bring his own shovel because he will dig his own grave before he digs up my moms. he told me i was twisted. i told him " no im just not stupid enough to pay a debit that aint mine". phone calls stopped but the letters keep coming in her name, i just write DECEASED over the address and return to sender.

[Hudson]

I concur.

But make sure you send a dispute letter, certified with return receipt.
Yup that is exactly what you should do.
The statue is gone by about a year.
It is either a scam or what they call a scavenger collector.

[oandapartycock]

Whatever you do, DO NOT PAY THEM ANYTHING!!!

If your mom pays them even one dollar now, it opens her up to two things:

1) That she gives merit to the claim that this in fact her bill, regardless of the fact that she ever used Sprint.

2) Your credit report goes back a maximum of 7 years FROM LAST ACTIVITY, not from when the account was opened or went into default. If she pays them ANYTHING now, it could stay on her credit report until 2015.

Definitely have her send the certified letter and tell the collection agency on the phone that they are in violation of the Fair Credit Reporting Act. Also explain that she is aware of her rights under the FCRA and the Fair Debt Practices Act and is documenting everything, including the recording of phone calls.

She is also aware that she can file a claim against the collectors for violations of the FCRA. This should be enough to get them to stop bugging her.

Check out:
http://www.ftc.gov/os/statutes/031224fcra.pdf
For dealing with harassment:
http://www.ftc.gov/os/statutes/fdcpajump.shtm


Civil liability for willful or negligent violations of the FCRA

Under § 616 of the Act, (15 U.S.C. § 1681n), a consumer may recover either actual damages or a minimum of $100 and a maximum of $1000 plus punitive damages and reasonable attorney's fees and costs for willful noncompliance with the Act. Under § 617 of the Act, (15 U.S.C. § 1681o), recovery for a negligent violation is of actual damages, plus attorney's fees. Under § 618, a consumer may file suit in state or federal court to enforce the Act, and the statute of limitations is the earlier of 2 years from discovery and 5 years from the violation. (15 U.S.C. § 1681p.)

§ 806. Harassment or abuse
A debt collector may not engage in any conduct the natural
consequence of which is to harass, oppress, or abuse any
person in connection with the collection of a debt. Without
limiting the general application of the foregoing, the following
conduct is a violation of this section:

(5) Causing a telephone to ring or engaging any person
in telephone conversation repeatedly or continuously
with intent to annoy, abuse, or harass any person at the
called number.
(6) Except as provided in section 804, the placement of
telephone calls without meaningful disclosure of the
caller’s identity.

[sn00wman]

send them a certified letter asking for all the receipts and original bills....ect....then they have 30 days to get all the info to you if they do not you can have it taken off her credit report and it can not ever go back on.....and then call them and fuck with them after its all done.

[Cunt Smasher]

Smokezilla is the expert here,right? Good info here.

[buxotica]

I went through the same shit but with way more than just one creditor. Some of it was legit debt, some was crazy stuff that got on my credit somehow. I've been using a law firm for a year that does all the negotiating for you for around $75 a month.They hammer the creditors with letters on your behalf demanding detailed accounts of the debt, which most places just can't provide. Got my credit score lowered by around 100 points. [douche from the XM commercial] My wife and I are shouting for joy right now[/douche from the XM commercial]. Seriously, it's worth doing if you are in enough debt.

[buxotica]

or rather it raised my credit score by 100 points... lowering it is easy to do all by yourself

[Smokezilla]

Hey guys. . . but I don't trust these guys to remove the debt in a timely manner.


My first advise to you would be check the laws regarding Collection practices in your particular state. . . I'm not sure about the details of the debt that you're talking about, but I really tend to think that a $50 bill wouldn't be much as far as them putting too much effort into it's collection to begin with. . . how much are you going to spend to collect that small amount of money?!? I don't see anything major that could come from this, but it's really hard to tell as I don't know all the details of her agreement with the Creditor. . . There may have been penalties in-place for default, late fees, etc. that I have no idea about. Ask them if there was a contract and for a copy if there is one. . . If they violate the Fair Debt Collections Act, (http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf) see (http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf%29see) an attorney about filing a suit against their sorry asses. . . There's collecting a "righteous" debt and then there's being a douchebag headhunter. . . BIG DIFFERENCE!!!