Back on around the first of December my wife and I received a letter for an alleged debt from a credit card company that Unifund was attempting to collect. My wife had no knowledge of this account, nor did the credit card company once we called and asked (gave them the original card number that Unifund gave on the letter). We even gave the credit card company her SSN and info to help locate some files. They said that it must be a mistake on Unifund's end as they had no records of the account under her name and that number. They agreed to contact Unifund and tell them to fix the account. We also sent the next day a full debt dispute letter drafted and reviewed by our legal representative.
I am also versed in laws, especially collection laws (having grown up with and been around legal staff a lot of my life). We both had spent 2.5 years previously cleaning up and paying all debts to improve our credit score and reports to buy our first home this year in 2008. We sent the letter (not signed but typewritten signed and dated) through certified mail with return receipt.
About a week later we got the return receipt back with their signature and the time and date delivered to Unifund Collections. We also a few days later got a correspondance from Unifund on their letterhead stating that they had received our letter and would have the documentation for the account to prove the validity in a couple weeks.
As of today still nothing. We do not talk to collectors or such on the telephone and screen all calls with caller ID on our home and cell phones. They have tried to call us many times even after noting on the letter that no phones calls will be taken. We noted that written documented agreements will only be taken and saved for any future action and/or questions.
Since we had not received the debt dispute verification that they promised in their second letter sent to our address on their letterhead and signed, we sent the followup dispute letter to Unifund simply pointing out the fact that we know that they have received our request and reminding them about their duty under state and federal law to supply us with the debt verification.
We noted that if this was not completed soon or some written correspondance was not received in the next 30 days, that we will be pursuing legal action against Unifund for several violations to include several FDCPA collection violations.By accepting and coressponding to the 1st letter, they agreed (written contract and binding) to send within 2 weeks the information (time limit set by Unifund in 2nd letter to our home) and to not attempt to call our numbers, due to the written correspondance clause agreed to in our first letter (ok, seems like a loophole, but our attorney says it is valid).
We know a lawyer as a friend that gives us legal help/advise from time to time if we ask. We sent this last week by certified mail with return receipt. Also inclosed for their viewing pleasure was a color photocopy of both sides of the 1st return receipt signed by them and a copy of their 2nd correspondance letter to us noting the time limits and agreements for debt verification. We checked online tonight and it was received in Ohio on Friday morning at their address. Several times yesterday and today our phones ran with their numbers displaying on caller ID.
We added in the last letter that a company that truly owned a valid account would have no trouble sending the proper verification to the alleged debtor (s). If they could not follow through, then the collection account by law has to be void, cleared and closed; then returned to the orginal creditor. They don't want to do this because they know the account is not valid.
Furthermore, we noted that a disputed debt cannot be reported on a credit report if the accused party send the collection agency a debt dispute letter within the 30 days of first notification. So far they have complied, but we watch her report every day to make sure. We have Triple Advantage and unlimited 3 reports, so we pull them each days and watch them carefully (does not affect her FICO score).
So. We will see what Unifund's next move is from this point going forward. We have communicated our point clearly in the last letter about legal action, so they know we are serious. We believe that they are sweating right now up in their corporate offices about this account as well they should. We have a 3rd letter already drafted to send out in a few weeks if nothing is heard from this company, mentioning the legal representation to contact and to expect a court summons for the State of Wyoming for the case noted as " (wife's name) versus Unifund" to commense at the summons date in Wyoming court. I am an executive for my company and expect legal written agreements to be honored and the law to be followed to the fullest.
We will post what happens with Unifund here in a few weeks and let everyone know the outcome. For more information about Unifund, go to Budd Hibbs website about collection companies. He has great advise and alerts for consumers. A very well versed and smart person. Keep posting your issues about this company, because many voices speaking as one send a clear message to the companies and to comsumers about these companies. Best of luck to everyone in your daily endeavors for the pursuit of happiness here in the United States, wherever you live.:-)
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