I recieved a letter saying i owed money to citizens bank and i never had a account with them. they want me to pay them a settlement for a debt i dont owe.
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tj
There are a number of debt collectors that buy old debt cheaply, and then try to collect on it. They often do very little to try to locate the actual debtor, often just mailing out dunning letters to anyone they can find in various databases with a similar name. This results in many "erronous" collection accounts, and when they attempt to use deception or abusive collection tactics, it may result in defrauduing of consumers who do not owe the debt.
Send a letter disputing the debt and requesting proof from the original creditor that you owe it. Mail your letter certified return receipt requested.
Send this letter immediately. If you dispute a debt within 30 days of receiving their first letter, then according to FDCPA they must cease all collection activity until they obtain and send proof of the debt to you.
You can also call citizens bank directly, and have them see if there are any accounts in your name, or under your SSN, that might be due to id theft. If there are, you would file an id theft complaint with your local police, get a copy, and use that to block all collection on the fraudulent account from this and all other debt collectors, as well as remove any trace of the fraudulent account from your credeit reports, under FCRA/FACTA.
Do NOT, however, fail to send the dispute letter promptly to the debt collector, as that is what gives you the strongest protections against erroneous debt collection, allowing you to sue if they continue collection without validation.
If you have further demands for payment, or any other collection activity, without receiving any proof of the debt, file complaints with FTC, your state Attorney General, and the Minnesota Attorney General.
Then find a consumer attorney to discuss suing for violations of FDCPA. You might try www.naca.net
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I agree
Tj was right to suggest a consumer attorney- to cut to the chase I'd email Info@BergerPC.com with an explanation of your situation. Richard Berger is a fantastic Consumer Attorney and would love to speak with you.
Comments
Send a letter disputing the debt and requesting proof from the original creditor that you owe it. Mail your letter certified return receipt requested.
Send this letter immediately. If you dispute a debt within 30 days of receiving their first letter, then according to FDCPA they must cease all collection activity until they obtain and send proof of the debt to you.
You can also call citizens bank directly, and have them see if there are any accounts in your name, or under your SSN, that might be due to id theft. If there are, you would file an id theft complaint with your local police, get a copy, and use that to block all collection on the fraudulent account from this and all other debt collectors, as well as remove any trace of the fraudulent account from your credeit reports, under FCRA/FACTA.
Do NOT, however, fail to send the dispute letter promptly to the debt collector, as that is what gives you the strongest protections against erroneous debt collection, allowing you to sue if they continue collection without validation.
If you have further demands for payment, or any other collection activity, without receiving any proof of the debt, file complaints with FTC, your state Attorney General, and the Minnesota Attorney General.
Then find a consumer attorney to discuss suing for violations of FDCPA. You might try www.naca.net