problems with zombie debt letter from Dynamic Recovery

[smurfette]

OK, back in October, I was called by AGA & Associates about a imminent 1099c filing for a debt they claim was last paid on back in 2001. The woman who called said this was not a collection call but they could help me out by accepting $1400 on what they claim was a $2800 charge-off. Otherwise, the filing will be for a 1099c for $4800 because of fees and penalties.This account isn't showing on any credit report I have access to at this point, and she was very clear that AGA is in no position to valdate this debt. I have received no written correspondence about this supposed debt. That same day, Dynamic Recovery Solutions/Systems (DRS) popped up as a HP on my EQ.

 

Today, my father-in-law received a letter from DRS addressed to me but at his address offering payment options for this debt. My problem is that I have never lived in the same state as my father-in-law and I have never used his address for anything (heck, I don't even know his address by heart!) My husband has used that address for mail when he was in the military, but my husband and I have never had any joint accounts, and do not share a last name. However, he did just refinance his house and I had to sign the title paperwork (even though I am not on the mortgage, FL is a community property state so I am on the title of the house). How would this junk debt collector have gotten my father-in-law's address? More importantly, how can I make them cease any communication to that address (which is not now and has never been mine)?

 

Any advice on the best way to make these people go away? I certainly don't want them just randomly sending mail about me to addresses that have never been mine- the whole thing frankly smacks of harassment and has my elderly in-laws all spun up, especially given that I was the victim of ID theft earlier this year.

 

[SomeGuyInCA]

They probably don't have any capacity to validate the debt, first of all. DV them. I bet they don't respond. Second, if they can't validate, odds are low that they could file a 1099c, and even if they could, the amount the IRS will charge you may be less. Moreover, if you can claim insolvency you won't owe anything. If you pay these blood suckers you might conceivably restart the civil SOL on a debt they probably acquired for pennies on the dollar. Don't do it. Either send them a DV or a FOAD.

[ICANHASMUNY?]

file a written dispute with the CRAs that this account is obsolete. and demand deletion.

 

you have to dispute thru the CRAS in order to have rights to sue thr furnisher. under the FCRA.

 

 

 

send DRS this Intent to sue letter at the address listed on your reports CMRR.

 

RE; Account # _____________ 1232

Dear Dynamic recovery Services.


On xx-xx-xxxx, I reviewed my credit report # _____________ as furnished by ______________, and found that your firm had listed an account as follows;


( list out details )

This Account is past the 7 year FCRA reporting limit and your firms reporting of this to ( CRA name ) is a violation of the FDCPA as well. -

 

I have never been contacted by your firm regarding this account - furthermore, you obviously have access to my location information via this Credit reporting agency, and since the address listed is current and correct there's no reason that you shouldn't have contacted me.

 

Your Agent; AGA & Associates contacted me in October of 2012 and had my correct address and phone number, but yet on xx-xx-xxxx, your firm sent a Collection letter to an address of a third party in a different state ; my Father in law, whom I have never resided with, and in a state that I have never resided in, at an address that could never have been legally associated with the account.

 

I am Obviously not a minor as defined by state law, communicating with the parents ( or in laws ) without the consent of the consumer, violates 805 ( of the Act.

 

As all credit reporting by a Debt collector is considered a "communication in regards to collection" and constitutes "collection activity" on the part of the collector.

FDCPA violations

 

15 U.S.C. § 1692e(8) providing false information to credit reporting agencies ; communicating or threatening to communicate credit information which is known or which should be known to be false, including reporting a false date of delinquency to a credit reporting agency in an attempt to re-age the debt.

 

15 U.S.C. § 1692e(10) misrepresentation of the debt

 

15 U.S.C. § 1692e(5) Taking an action which cannot legally be taken ( reporting a debt past the FCRA limit )

 

15 U.S.C. § 1692c( ] Communications with third parties

 

15 USC § 1692f - unfair and unconsiousable means to collect a debt.

FCRA violations;

 

15 U.S.C. § 1681i duties of furnishers to provide accurate information.

15 U.S.C. § 1681s-2 - failure to provide accurate information

 

15 U.S.C. § 1681s-2 (a)(5) Duty of furnishers to provide date of delinquency on charge-off, collection or similar accounts

 

if your firm does not delete the collection accounts, I will turn this matter over to an attorney for review and legal action in federal court. with additional counts as follows.

15 U.S.C. § 1681n Civil liability for willful noncompliance

15 U.S.C. § 1681o Civil liability for negligent noncompliance

Please Cease All communications regarding this debt, including indirect communications thru or to Third parties, or face the consequences.

[smurfette]

I don't think I have anything to dispute- the supposed account doesn't appear anywhere on my credit reports- there is just the one INQ on Eqifax from DRS, but no tradelines.

 

Advice on what type of letter to send to make them never reach out again? Any thoughts about how they connected me to my father-in-law's address when it has never appeared anywhere on my reports or records?

[Clydesmom]

I don't think I have anything to dispute- the supposed account doesn't appear anywhere on my credit reports- there is just the one INQ on Eqifax from DRS, but no tradelines.

 

Advice on what type of letter to send to make them never reach out again? Any thoughts about how they connected me to my father-in-law's address when it has never appeared anywhere on my reports or records?

 

I have a similar problem. A junk debt buyer a well known one at that, did a hard pull on my EX report despite the fact there is no account on any credit report attached to them. I disputed the hard pull with EX but got no response so I have opened a complaint with the CFPB.

 

If a creditor cannot post a trade line to your CR they should be prohibited from doing a hard pull on your report.

[ICANHASMUNY?]

I don't think I have anything to dispute- the supposed account doesn't appear anywhere on my credit reports- there is just the one INQ on Eqifax from DRS, but no tradelines.

 

Advice on what type of letter to send to make them never reach out again? Any thoughts about how they connected me to my father-in-law's address when it has never appeared anywhere on my reports or records?

sorry, thought you meant they were reporting

 

just Send the ITS based on the FDCPA violations

 

 

 

 

 

send DRS this Intent to sue letter at the address listed on your reports CMRR.

 

 

 

RE; Account # _____________ 1232

 

Dear Dynamic recovery Services.

 

 

On xx-xx-xxxx, I reviewed my credit report # _____________ as furnished by ______________, and found that your firm had made and inquiry on my report ;

 

 

( list out details )

 

 

This Account is past the 7 year FCRA reporting limit and your firms reporting of this to ( CRA name ) is a violation of the FDCPA as well. -

 

 

Your Agent; AGA & Associates contacted me in October of 2012 and had my correct address and phone number, but yet on xx-xx-xxxx, your firm sent a Collection letter to an address of a third party in a different state ; my Father in law, whom I have never resided with, and in a state that I have never resided in, at an address that could never have been legally associated with the account.

 

I have never been contacted by your firm regarding this account - furthermore, you obviously have access to my location information via this Credit reporting agency, and since the address listed is current and correct there's no reason that you shouldn't have contacted me.

 

I am Obviously not a minor as defined by state law, communicating with the parents ( or in laws ) without the consent of the consumer, violates 805 ( of the Act.

 

As all credit reporting by a Debt collector is considered a "communication in regards to collection" and constitutes "collection activity" on the part of the collector.

 

FDCPA violations

 

15 U.S.C. § 1692e(8) providing false information to credit reporting agencies ; communicating or threatening to communicate credit information which is known or which should be known to be false, including reporting a false date of delinquency to a credit reporting agency in an attempt to re-age the debt.

 

15 U.S.C. § 1692e(10) misrepresentation of the debt

 

15 U.S.C. § 1692e(5) Taking an action which cannot legally be taken ( reporting a debt past the FCRA limit )

 

15 U.S.C. § 1692c( ] Communications with third parties

 

15 USC § 1692f - unfair and unconsiousable means to collect a debt.

 

FCRA violations;

 

15 U.S.C. § 1681i duties of furnishers to provide accurate information.

 

15 U.S.C. § 1681s-2 - failure to provide accurate information

 

15 U.S.C. § 1681s-2 (a)(5) Duty of furnishers to provide date of delinquency on charge-off, collection or similar accounts

 

 

if your firm does not delete the collection accounts, I will turn this matter over to an attorney for review and legal action in federal court. with additional counts as follows.

 

15 U.S.C. § 1681n Civil liability for willful noncompliance

 

15 U.S.C. § 1681o Civil liability for negligent noncompliance

 

Please Cease All communications regarding this debt, including indirect communications thru or to Third parties, or face the consequences.