Collections Law/Debt collectors & credit reporting
Expert: Creditwrench - 7/15/2008
QuestionMy stepson (Dyllan)was buying a vehicle when he was told he had a debt in collection. He had never had an unpaid debt. He contacted the collection company and found out they had his name as well as his brothers and sister. When he was 16 his mother and his siblings were living with his mothers friend in Texas. This friend told his mother that she had signed all of the kids up for home schooling and that she put it on her credit card. His mother did not know her freind was going to do this and did not sign anything. Dyllan calls and this guy says he is a supervisor when my Dyllan asks for one. This guy tells Dyllan that the only way he can get this off his credit record so he can purchase the vehicle is to pay the $588.00 and convinces Dyllan to give him his routing and account number from his checking account. The same day Dyllan calls me, I tell him we need to close his checking account, which we do. Then we sent Cert. receipt return req. letter on dispute of debt, verification demand etc. This collector knew this debt did not belong to Dyllan. He has threatend to sue dyllan, have him arrested, has used profanity and two weeks after receipt of our letter has send Dyllan a simple demand letter with no verification and a new pay off of $600 and some odd dollars. What should we do moving forward?
AnswerYou should be keeping a careful written history of all that has transpired so you can sue them in federal court sooner or later. You should probably get a recording system on your phone so you can record the messages they leave. I see you have several causes of action already and so nailing them should be little problem.
Bill Bauer
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