Question

Five years old bad debts, collection agency..Follow-up?

Here's a letter we made for the collection agency, is this good enough?? Sir/Madam: This letter is in response to your letter dated June 13, 2009 which I got June 20, 2009. I have the right to question the said letter of you saying I agree on any terms, as I remember exactly, asking you to put any offer in writing as I wanted to see how the said debt is being calculated. That I can’t be able to set any payment unless, I verified and confirmed I owe the said amount as this debt past the statute of limitations. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act that this alleged debt is disputed. Please provide me with the following: •A detailed accounting of how the amount you say I owe was calculated. •A copy of a signed contract between me and the original creditor. •Proof that you own or have been assigned the debt. I will expect to receive the above documents within 30 days upon receipt of this letter. This letter also serves as written notice that your company is not to contact me by telephone. All future communications with me must be made in writing and sent to the address listed above. Actually that's what we are trying to do. But we make sure, we are really paying the people whom we owes the money, not some scam.

6 months ago - 7 answers

Best Answer

Chosen by Asker

You might consider removing: which I got June 20, 2009. And remove: I have the right to question the said letter of you saying I agree on any terms, as I remember exactly, asking you to put any offer in writing as I wanted to see how the said debt is being calculated. That I can’t be able to set any payment unless, I verified and confirmed I owe the said amount as this debt past the statute of limitations. The above is not clear and concise and they may try to use one part of it to reset your SOL. (if your state allows the SOL to be reset) Plus, if your state does allow the SOL to be reset, they can use that part against you in court - and they will probably win because of it. In the part where you ask them to provide info, you might include proving the SOL. ie Proof that this debt is still within the collection Statute of Limitations for <your state>. In the mini C&D, you should include the word inconvenient, as that is the term the FTC uses in this regard: This letter also serves as written notice that your company is not to contact me by telephone as phone calls are inconvenient to me. All future communications with me must be made in writing and sent to the address listed above.

by echo

6 months ago

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Other Answers

You should pay your debts man

by Ross T- 6 months ago

I think the letter is too wordy it seems like you are trying to use "legal-speak" but it is not coming across correctly.

by tada- 6 months ago

It is a good letter. Be sure to send it certified with a return receipt requested so you have the date they received it. You can also get some great sample letters online below is an awesome link for letters to collection agencies

by Mary Jo- 6 months ago

yeah that sounds good. i know i got a letter from a collection agency & i had already paid the debt over three years ago!

by cutekitten- 6 months ago

Sounds good! And I agree with you, original creditors deserve to be paid. Bottom-feeding debt collectors don't.

by aplbtm83- 6 months ago

What people dont know is there are many fraudulant collection agencies, where they buy old debts for pennies on a dollar. I have also talked with an attorney, in regards to collection letters I received last year. They were trying to collect a debt that was over 10 yrs old. In California after 7 yrs is past the SOL. He verified the agency, and said was not worth responding. They are violating several provisions of the FDCPA (Fair Debt Collection Practices Act), when trying to collect a debt that is past the statute of limitation. Per attorney, just ignore the letter and I never received another letter from them again. Not sure what state you're in, but if you receive a collection letter that is past your state's statue of limitation, dont respond. They are lowlife scum.

by vivica89- 6 months ago