Katie
03-04-2010, 10:32 AM
So recently I have been having issues with someone that accessed my credit report and I may or may not be a victim of identity theft I am trying to sort it all out... I have all kinds of junk on there that I shouldn't have, addresses I never lived at, credit cards I never had, etc. I have been getting harrassing threatening phone calls from junk debt collectors. I have been taking the time to educate myself about what to do. I will explain more later. I had one guy call and tell me He was "Sending a Federal marshall to my house to arrest me becuase I didn't answer a letter about my debt and now I was being sued by capital one" A) I don't owe Capital One any money, paid off my card in 2006, B) Fed Marshalls don't come Arrest people or serve them for CIVIL matters... which credit card debt is... Anyway, thought I would share little helpful tid bits I have found...
The first one is a "SCRIPT" for dealing with Creditors when they call.... VERY HANDY ;) They are snakes..:bartmoon:
Debt Collection Script #1 - You believe the debt to be invalid
Collector: "Hello, is Bill Debtor there?" (Or is this Bill's wife)?
You: "Who is calling please?" (Do not let the use of your first name throw you off guard, always confirm who you are speaking with. Under the FDCPA, collectors must identify themselves and their company)
Collector: "This is Mr. Collector from ABC collections, the collection agency representing Way Past Due on your outstanding balance of $3,700. I need to know if you are able to take care of this past due bill at this time.
" You: "Hold on while I turn on my tape recorder." (After turning on recorder ask the caller to repeat his or her name, company and reason for calling.) Then say, "I do not believe I owe this debt. Send me the information on this debt according to the Fair Debt Collection Practices Act so that I may review it."
Expect the collector to use questions or statements in an attempt to get you to admit the debt is yours. Do not answer these questions, stick to the answer outlined above and insist on the collector following the FDCPA by sending you the proper information - stay focused
Their script tells them to ignore your response and press on with asking you a bunch of questions. By refusing to take the "bait" you frustrate their efforts because your answer is not on their script. At this point, many collectors are unsure of what to say or do next so they resort to anger. Remain calm and be sure your tape recorder is on!
NOTE: Once you've verbally disputed a debt, there is only one legitimate question that you need to answer:
Collector: "Please verify your address?"
You: Go ahead and provide your correct address.
DO NOT answer any additional questions! If the collector insists on asking questions, terminate the call. Expect the collector to call right back. Turn on your recorder and answer the phone. Don't say anything except, "I am recording this call and, since I disputed this debt during your last call, this call from you violates the FDCPA and forces me to report your violation to my State Attorney General. Then, terminate the call again.
The first one is a "SCRIPT" for dealing with Creditors when they call.... VERY HANDY ;) They are snakes..:bartmoon:
Debt Collection Script #1 - You believe the debt to be invalid
Collector: "Hello, is Bill Debtor there?" (Or is this Bill's wife)?
You: "Who is calling please?" (Do not let the use of your first name throw you off guard, always confirm who you are speaking with. Under the FDCPA, collectors must identify themselves and their company)
Collector: "This is Mr. Collector from ABC collections, the collection agency representing Way Past Due on your outstanding balance of $3,700. I need to know if you are able to take care of this past due bill at this time.
" You: "Hold on while I turn on my tape recorder." (After turning on recorder ask the caller to repeat his or her name, company and reason for calling.) Then say, "I do not believe I owe this debt. Send me the information on this debt according to the Fair Debt Collection Practices Act so that I may review it."
Expect the collector to use questions or statements in an attempt to get you to admit the debt is yours. Do not answer these questions, stick to the answer outlined above and insist on the collector following the FDCPA by sending you the proper information - stay focused
Their script tells them to ignore your response and press on with asking you a bunch of questions. By refusing to take the "bait" you frustrate their efforts because your answer is not on their script. At this point, many collectors are unsure of what to say or do next so they resort to anger. Remain calm and be sure your tape recorder is on!
NOTE: Once you've verbally disputed a debt, there is only one legitimate question that you need to answer:
Collector: "Please verify your address?"
You: Go ahead and provide your correct address.
DO NOT answer any additional questions! If the collector insists on asking questions, terminate the call. Expect the collector to call right back. Turn on your recorder and answer the phone. Don't say anything except, "I am recording this call and, since I disputed this debt during your last call, this call from you violates the FDCPA and forces me to report your violation to my State Attorney General. Then, terminate the call again.