I have had a collection company for several years try to collect from me concerning a prior natural gas heating bill however when I dispute the fact that the bill is not mine (honestly) they do not respond to my certified request and is removed it was removed in 2004 then in 2006 and now I have it showing up on the CRA's again (same company and account no.) but this time they even was nice enough to list a new account with the same amount but with a new account number and even list the old original account too. so now I have two negatives showing on the CRA's I have disputed both via certified and also disputed through the CRAS and the company comes back to say "Verified" and it now is staying on the report. This company will not send anything to me to verify these accounts (which are none) but they can list them I am lost and need help. Please
Forums
NAFS has a good deal of reports which you already know as I feel.
Try contacting the original company may be they can help.
NAFS has to provide you with documents to clarify this debt collection attempt. Ask them to send it to you immediately and dispute the items once again.
Send the collection agency a debt validation letter. This might work for you.
I have sent the debt validation letters in the past (3) but they will not validate anything
Hi pscGlenn,
Once you have send the validation letter, they are supposed to reply within thirty days. Otherwise as per the FDCPA all attempts to collect your debt is illegal. Send them a letter once again as follow up, attach copies of your previous validation mails, mention that they are violating the FDCPA.
FDCPA Section 809. Validation of debts [15 USC 1692g]
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
They cannot report to the credit bureau without validating the debt which is again violation of the FDCPA. Send a letter to the credit bureau mentioning that they have not validated the debt and send the copies of your proof. Request the method of verification with the credit bureaus which is your right under the FCRA and is very crucial before you file a lawsuit.
You can file a lawsuit with the small claims court or the state or federal court. The basis of the lawsuit should be that the credit bureaus could not provide a satisfactory method of verification or did not conduct a reasonable investigation. This is to be done only if you think it suffices your situation.
You can also report it to the AG of your state, and the Better Business Bureau (BBB).
Keep me posted
NAFS Collections
Hi Laura,
Sorry that it took so long to get back to you, however on August 15 2007 I once again checked my credit report and found that NAFS had removed the account from collections that they was claiming was mine for the past 6 years however they continue to report the account with the bogus account number that they created in July as "Verified". Keep in mind that I did send a validation request as well as a docs to show that this account was not mine and has never been mine via certified mail which was signed for on August 1 2007 but they have Verified the account as mine. Do you think that I should send another validation request giving them fifteen days to respond via certified and in the meantime send a letter to the CRAs informing them that NAFS is not complying with my right to verify a debt they are reporting and ask for removal as well as send them copies of all docs. that I have.
Have they replied to your validation letter?
Did you get a reply from them for the validation letter that you send?
NAFS Collections
NO response from them.
No validation from their side but they have reported to the credit bureau. This is illegal. This is violation of FDCPA. Lodge a complaint with the AG.
Debt Validation
I recently sent a debt validation letter to a collection agency because the debt they say I owe is not me and I also requested a signed contract with my signature on it from them. It took then over thirty days to respond to me and all they sent was a debt verifacation letter after the 30 day period was over. What do I need to do now because I do not owe this debt.
How have they verified your debt? Do they have papers to show that the debt is yours?
pay the bill and get it over with the trouble you are going thu to dispute it is pointless if all the info on the account matches yours try to get a settlement which means they will reduce the amount of the bill to work with you
Guest
So "Guest" You're a debt collector, it's in your attitude. The person said it is not their debt. Why pay something when it is not your debt?!?! Typical debt collector comment. I had to deal with one of you clowns on a debt that was not mine as well. I NEVER had an account with this specific company and they had the spelling of my name wrong and everything and refused to repeat my social security number to me for validation! I refused to pay and guess what, they realized they were wrong and/or realized they were trying to scam the wrong person, after almost three months they desisted.
NAFS
I have been getting at least one call per day from NAFS. I have told them that they have my name (I think, but can't be sure with the thick accent the woman has), at an address that I have never lived at, with a membership at a gym that I have never heard of. I explained that I have never even talked to anyone about a gym membership and have never been inside of one. She apologizes all over the place and says she will take my name off her calling list. I am still getting calls. As long as it does not affect by credit rating, can I just ignore the calls, since it is not my debt?
NAFS
Hi,
If it is not your debt, then they are not supposed to call you. You can tell them to stop the calls, else you can file complaint with Federal Trade Commission. Next time they call, record the call as proof, if your state laws allow you to do so.
Thanks,
Aaron
Not validation
Sorry, I did not read the whole thread, but apparently you're trying to get "validation" of a debt from NAFS. According to the FDCPA (Fair Debt Protection Collections Act", they're not REQUIRED to VALIDATE, only to "verify" the debt. Section 809(a) para 4. What the legal difference between validation and verification is, I'm not sure, I've just been told by MANY there IS a difference. If you do not respond within 30 days, collections will (and legally so) assume it's valid. If you do respond and dispute, collections is supposed to receive "verification" of this debt of "judgement of settlement" against the consumer and mail it to you. Don't know if that's been done. Document EVERYTHING and continued problems usually push me in the direction of filing an official complaint with the FTC (Federal Trace Commission). FTC is required to annually report before Congress about collections and the practices both legal and illegal (amongst other things). Also consider taking this up with the Depart. of Commerce at the White House. This may seem extreme, but crap rolls down hill and Dept of Commerce (after numerous calls or faxes) will notify FTC who will notify NFAS. NFAS is a world wide company privately owned by Sanjiv Mirchandani. 5 minutes of internet research discovered this, not to mention some background as a former U.S. Marine Information Analyst. I hope this helps. Feel free to email me at bill37_newstart@live.com. I'll be glad to attempt to offer further assistance.
Recording phone calls
There are 12 states in the US that are 1 party states and NY is one of them. All the rest are 2 party states, meaning both parties have to give consent for the conversation to be recorded. When it's coming from one state to another, get legal clarification as to which states law applies to the call. Either the law from the state where the call initiated from, or the state where the destination call is going to. Recording a call illegally IS an FCC violation so proceed with caution here.
12 states
FYI, the 12 states that are 1 party states are California, Connecticut, Delaware, Florida, Massachusetts, Maryland, Michigan, Montana, New Hampshire, Pennsylvania and Washington. This information can be confirmed by googling out "recording phone calls" and look at the "American Legal Guide for Recording Phone Calls". Just trying to help and arm people with knowledge.
Gym membership
Angel, not sure if you are still having this issue, but the credit agencies will take a negative report off if you tell them it is from a gym membership.
I had a negative item from a CA -David Taylor and associates- regarding a gym membership that was cancelled due to a move, which the gym sent to the collection agency. I saw it on my credit report after I noticed a spike in my CC APR. Work with the agency directly and you should be able to clear it from your report, not much you can do about them calling you, especially since the CA's usually will sell the debt to another agency after you tell them to remove your name enough.
credit
Hi Bill:
Thanks for sharing such useful information :)
Aaron
BKQNwxGXyV
Z2AKal Thanks again for the article post.Thanks Again. Fantastic.
XFVxAnFqguVOiFeWY
IAnHda Very informative article. Keep writing.
ZUEWWsUayQygyL
ezO123 Thanks again for the blog.Thanks Again. Keep writing.