Steve
Bradenton,#2Consumer Suggestion
Thu, September 14, 2006
Mona, First, it is not your responsibility to prove anything. The entire burden of proof is on them to prove you owe them the money. You say you settled the accounts with 2 collection agencies. Please tell me you did not do check by phone or Western Union. Always make them clearly put everything in writing and always use your personal check that you will have a copy of, and always make notes, like paid in full, etc..on the check. You should never speak to any collector on the phone. It will never do anything positive for you, and almost always makes the situation worse, as you have found out. Do everything by certified mail, return reciept requested. Put the certified# on the letter itself, and keep a copy for your records. By the means above send a request for DEBT VALIDATION where you clearly dispute the debt and DEMAND all documentation on the debt including whatever you signed and a full account history. They will need this to win in court. Furthermore, demand proof of ownership of the "debt". They need to prove they actually own it and you are entitled to see that proof, including who they paid, and HOW MUCH they paid, and a copy of the check or wire transaction and contract. They cannot sue for future value, they can only sue for what they actually lost, plus costs if they win. What they actually lost is nothing as they are not creditors, they do not extend credit, and they knowingly bought a charged off bad debt as an investment. Are they using the court to guarantee return on investment? Thats exactly what they are trying to do, and you need to expose that fact.