Expert: Barnette Law Offices, LLC - 10/29/2008

Question
I was contacted by LDG financial on June 25. I had never heard of them before nor had I received any correspondence from them. I asked for something in writing regarding he debt and who it was for. She stated that they had already sent me a letter. I asked her when a letter was sent, and the balance due. The representative gave me two different amounts due, and different dates that this supposed letter was sent. it then became 3 letters sent. When I asked for clarification of exactly when the letter was sent, where it was sent and how much was the balance, she became upset. She attempted the intimidation rout. I told her that I am not going to agree to pay anything until I have something in writing. She then put her "supervisor" on the phone. I talked to supervisor. He was very rude and insulting. Said that he would only fax me a verification or e-mail. I said that I will not corresponde on something of importance on neither one of those. Supervisor then told me I have 24 hrs to take care of this. At the beginning of the call I had until June 30. Supervisor made comments about my employer. The call was ended. I then immediately sent a certified letter with return receipt to them requesting the debt be validated. They received and signed for the letter. I never heard back from them until today. They left a message on my answering maching stating that I had until Oct 29 to call them and make arrangements.  I checked my credit report and I have found nothing regarding my validation request. I did find that they pulled my credit report back in May. What are my options.

Answer
Richard:

  LDG Financial is a debt purchaser.  They probably bought an old credit card account of yours or simply have you mixed up with someone else.

  That said, you have a violation of the FDCPA and perhaps, state law where you reside.  A debt collector cannot continue collection activity when a consumer requests validation within 30 days from the debt collectors initial contact.  The debt collector does not have to provide validation however, unless they do, they cannot ensue collection activity.  Calling you is certainly collection activity.

  If they're on your reports and the item isn't marked as being in dispute, then you would have additional FDCPA violations as well as FCRA violations (in some circuits).  I would dispute it through the credit reporting agencies by account type and date of last activity (if not present, dispute for lack of complete data).

  Ultimately, I would advise you to consult with a consumer attorney firm such as Barnette Law Offices, LLC but, one located in your state.

           Jason Barnette
           Barnette Law Offices, LLC
           http://www.barnettelawoffices.com
           1-615-585-3885