Expert: Ray A Miller - 8/2/2010

Question
I reside in KY. One collection agency calls repeatedly. I actually did speak to them on a couple of occasions. Yes, I did have an account with ABC retailer. But I thought I had closed said account. Closed as in "paid in full". The Agency says this debt is from 2005. That does coincide with the time I opened the account, etc. Since I thought I closed this account I asked the agency "Well, what did I buy? Can you show me an invoice or something?" The collector said that it was MY burden to look this up. Is he right? Or is he simply lying to me? All I'm asking this agency is to show me what the heck I bought to owe ABC retailer all this money. I also told this collector to stop calling. Which, by the way, they are calling my Father now and harassing him. When he told them to stop calling, they said (and I quote), "We have every right to call." So I have several questions:

1) Must the collector provide PROOF OF DEBT if requested by me? And I'm not just talking about proof that they bought my account from ABC Retailer. I supposedly owe like $800. Funny, since my limit was only $500. I'm asking them what exactly I bought. That's my opinion of "proof of debt". Am I wrong?

2) I've read the FTC site that says once you've told the collector to stop calling, they must adhere to that request. Since this person told my Father they "have every right to call this number", what action can I take? To me, that's a huge no-no and to be honest, upsets me very much. If I call this person back, what should I say to them? Especially considering the fact they're lying to my 68 year-old Father and, in my opinion, harassing him.

Please advise.

Answer
Send the agency a letter demanding verification of the debt as well as disputing its validity.

Also, according to the FDCPA, a request to cease calling must be put in writing.  Put in the letter referenced above that the only contact they are to have with you or anyone else concerning this supposed debt be in writing.  I hope you find this helpful.