Collections: They claim mail sent, but it never arrives

[cheddarsnax]

Recently, I began receiving calls from a collections agency seeking to make contact with my girlfriend regarding a credit card debt. She does not have a phone, and we've agreed that I will take on the burden of dealing with the agency over the phone.

 

A week ago, I spoke with a woman at the agency who stated that because prior mail sent to our address was ignored, she needed an email address where she could send a settlement letter, or speak with my girlfriend over the phone. Since we want everything in writing, the phone is a no-go. I'm also not entirely convinced about email; mail just seems more secure and official for this sort of correspondence. Because of this, I asked that another letter be sent, and said that I would ensure that it received some sort of response.

 

But there's an issue. The letter they supposedly sent out a week ago never arrived. Same with letters the agency claims were sent last month, and the month before. Our address is in a major American city. Every day, we receive various items in the mail from both near and far. But never mail from the collections agency. The woman I spoke to says the problem must be on our end, since their mailing service successfully sends thousands of letters a day.

 

But not to us!

 

The address she read back to me is correct, ZIP code and all. Yet we still don't have their mail.

 

My questions:

* Is it my responsibility (or my girlfriend's) to provide them with an email address?

* If we are not obligated to, should we?

* Do we have a legal right to receive information regarding the collections process, such as the settlement letter they claim to have sent, by POSTAL MAIL?

* Can/should we refuse to provide further information to the agency, including an email address, and including discussing settlement options by telephone, until we receive their settlement letter by POSTAL MAIL?

 

I would strongly prefer to have a hard copy of the settlement letter arrive in our mailbox, rather than receiving a copy by e-mail. However, I don't want to further imperil my girlfriend's finances. Answering their calls made to a phone number with no connection whatsoever to the alleged debtor was a mistake to begin with, but here we are.

 

Advice?

[Jen23514]

is the debt within SOL? if not.... I have a letter I'm kicking around in my head that will help with this.

[cheddarsnax]

I have no idea. The only information is that there is an alleged credit card debt. Since none of their mail has arrived, and since telephone conversations have been mostly limited to asking that information be mailed, any information beyond "alleged credit card debt" is not known.

[cheddarsnax]

Also, no idea what their address is, since there have only been limited phone conversations and none of the mail they've supposedly sent has been received.

[beli]

Have you gotten recent copies of her credit reports? That's one place to maybe look. If they "supposedly" sent a letter last month, they may have reported the debt already, and would give you a clue as to who the credit card company is.

Edited January 12, 2010 by beli

[cheddarsnax]

They did name the credit card company once on the phone, so at least the name of the credit card company that they say the debt originated with is known. I know what the collection agency's name is but not their address. Is there anything she should send them or ask them for?

[NeverQuietHere]

......

 

The address she read back to me is correct, ZIP code and all. Yet we still don't have their mail.

 

My questions:

* Is it my responsibility (or my girlfriend's) to provide them with an email address? NO

* If we are not obligated to, should we? NO

* Do we have a legal right to receive information regarding the collections process, such as the settlement letter they claim to have sent, by POSTAL MAIL? Not sure what you mean....

* Can/should we refuse to provide further information to the agency, including an email address, and including discussing settlement options by telephone, until we receive their settlement letter by POSTAL MAIL? My opinion only, but I bet they haven't put it in writing. Meaning, I bet they never even sent a letter...they are just saying they did. I wouldn't play ball with anyone until it's in writing.

 

I would strongly prefer to have a hard copy of the settlement letter arrive in our mailbox, rather than receiving a copy by e-mail. However, I don't want to further imperil my girlfriend's finances. Answering their calls made to a phone number with no connection whatsoever to the alleged debtor was a mistake to begin with, but here we are.

 

Advice?

 

They talked to you on the phone about this alleged debt, with or without your gf getting on the phone and telling them that they could talk to you?

 

How old is the acct? Is the debt a big amount?

[jtoast]

My thoughts are that they have nothing on this debt and don't want to commit anything in writing as long as there is a chance that they can get you to settle over the phone.

 

I would just ask them for their address and DV them. I would consider a LC&D. Once you have a paper trail started, they may decide to start creating their own and actually mail you something.

[cheddarsnax]

She spoke to them briefly the first time they called my phone. They didn't say who they were with, the guy just gave his name, so I assumed it was a friend or something... obviously not. She told him it was a bad time to talk (it was) and told him to call back the number he had just called (which is my personal cell phone account, she is not on it, and I'm 100% unaffiliated with her credit accounts) and leave a message with a number we could call. I don't believe she authorized them to speak with me. She has not spoken with them since.

 

I didn't return the call to the number left in the voicemail, and the next day the guy called again, saying he needed to tell their client what they were going to do, saying he needed a response now, asking if my GF would call him within the next hour. I told him not to call again and use mail to communicate.

 

Five days later, a woman from the agency called and left a voicemail on my mailbox, which states my name and not hers; after all, it is my personal cell phone. I called her back and told her to send a letter to the address on file. She recited the first portion of the address (street name and number) which is accurate, and I agreed that she could call me a week later to verify that the letter showed up.

 

One week later -- yesterday -- she called back, which is when I told her the letter was not received. She recited a full address which is 100% accurate, and said the problem must be on our end. But we receive plenty of mail at this address daily and have never had any problems sending or receiving mail. I told her I'd call her today with an email address, but I had second thoughts. I am not going to answer the phone when they call. This is my phone, not hers, and if they want to deal with my GF, they can send mail to her, instead of calling other people's phones trying to get at her.

 

My understanding -- this could be wrong -- is that the alleged debt is at the absolute most 5-6 years old, and low/mid four-figures.

[cheddarsnax]

Should I call them and ask for the address, or wait for them to call me and then ask for the address?

[NeverQuietHere]

They shouldn't be talking to you about a debt that is your girlfriend's. That's 3rd party disclosure since she never stated that they had permission to talk to you about that. I think they think they will get money out of you and that's why they continue to call.

 

I'd send a limited c&d. Telling them that all calls are inconvenient at any time and place and that the address that they may mail you correspondence to is xxxxxx.

 

The threats of "call us back in an hr" and crap like that...threats. Do you have that on tape? I mean, is that recorded?

[jtoast]

I personally would call them, get the address, and then DV them so you know exactly what cards they are holding. The SOL in many states for credit card debt is 3 years so there is a good chance that this debt is out of SOL and they have no teeth. What state are you in and what state did she live in when the cards were opened?

Edited January 12, 2010 by jtoast

[snark]

Who is the CA?

 

You do not have to provide them with ANY info, except a DV lettre, period.

 

Check the number on caller ID, find out who they are, get and address and DV them. Limited C & D also.

 

They lie all the time, probably never mailed the alleged letter.

[cheddarsnax]

No recordings, unfortunately. I've always wished I had a Google Voice account for that, but I'm still on the waiting list. I have been keeping a time/date/content of call log, with full names of the people calling.

 

She's thinking this: a letter indicating that I am not authorized to discuss the debt, and that statements made by me are not applicable to her. This is accurate; I've basically been freelancing on this whole thing. Also in the letter, after that part, informing them that postal mail at the address provided in the letter is the proper way to reach her.

 

What should I do if they continue to call me? The phone they're calling is not hers, it is my personal phone. She has no cell phone, and there is no landline.

[cheddarsnax]

I don't recall the callers ever identifying the agency's name to me, and my contact log contains no notes to contradict my recollection. However, through internet searches as well as the message that plays when you call their toll free number, the agency is MRS.

[jtoast]

Again...What state are you in? If this is out of SOL, you are getting all worried about nothing.

Edited January 12, 2010 by jtoast

[cheddarsnax]

Currently Minnesota, originally opened in Wisconsin. I can find out how old the account is in a few hours.

[NeverQuietHere]

Ahhh MRS.

 

1930 Olney Ave

CHerry Hill, NJ 08003

 

 

They are scum. I can almost guarantee that they've already pulled gf's credit reports.

 

I'd add in the letter that there is no need to contact any other 3rd parties as they have her mailing address and can communicate via mail. Don't write it from you--it's her debt, make it "written" by her. (even if you write it) kwim?

 

BUT if it is out of SOL, then send a FOAD and don't worry about it anymore.

Edited January 12, 2010 by cfj503

[jtoast]

I would suggest breaking that link. By putting a direct link, they can see traffic coming from CB if someone clicks on it. That might prompt them to begin monitoring this thread specifically.

[Imp]

If you DV them they go away quickly. I dealt with them last summer, one DV and pffffftt! they were gone.

[MannyLNJ]

You are saying that the honest caring kind compassionate collection agency employee (scarcasam) want's to help you but the mail they send ends up in some black hole. I would

 

1) Find their address and have your girlfriend send a limited Cease and Desist letter saying callas are inconvenient and to only contact you by mail

2) Have your girlfriend pull her reports go to https://www.annualcreditreport.com/cra/index.jsp and request a report from each place

3) Hi Opal! Oh wait wrong board

Edited January 13, 2010 by MannyLNJ