Expert: Apex Credit Services, LLC - 12/28/2007

Question
hi i received a phone call from a collection agency wanting $4300 or theyd sue me, this is the first time ive been ever contacted by them, i told them i would try to get $1000.00 by the end of the month so i gave them my acct# for my bank , i couldnt so i called them back to cancel the check and negotiate payment,they cursed and yelled then hung up the phone. is this considered fraud because i wrote them a postdated check but then i called to cancel it. they are in clear violation of FDCPA what should i do?

Answer
Carlos:

    Their actions are certainly in violation of the FDCPA however, you would not be able to show that unless you recorded the aforementioned conversation.  

    I will answer your question by first stating that you should never give your banking information to a debt collector.  The reasons are obvious.  Secondly, you should never pay a collection agency without first demanding validation of the debt.

    Insofar as from what you've conveyed they have not communicated with you in writing, I would ascertain their mailing address and intimate in writing your request for validation.  Until that is received, they cannot take any further collection activity (because your communication would be the initial one and thus, you are within the 30 day window under the FDCPA).

            Apex Credit Services, LLC