Good day, I am filing a report against "The Best Service Company" out of Los Angeles, CA. For about the last 6 years, there has been an account listed on my three credit reports which I have no recollection of whatsoever. Well, after doing some research and reading the full context of the Fair Credit Reporting Act, I decided to write this company a letter requesting validation of the supposed debt that I owe to their organization. I sent out this letter on 4/14/08, and they received it a few days later.
I would also like to note that in this letter, I included my current street address which they may or may not have on file at this time, in an effort to communicate with this debt collector for the ultimate goal of resolution.
So, a month goes by, and I hear NOTHING from them. Because it is not conducive to a good relationship with a junk debt buyer to talk on the phone, I figure "Hey, I'll file a BBB complaint, perhaps that will get them to listen to me." So I did. And they replied, stating they sent me the validation I requested to an address I have NEVER lived at (my mother's address).
I have since called my Mom and asked her if anything came for me from a company by the name of "The Best Service Company." She told me that nothing had ever come to her address for me, and if she had seen anything addressed to me, she'd have forwarded it to me immediately. OK, so now who's lying? A scumbag debt collector, or my mother? I'd tend to think it'd be the debt collector.
Anyway, the company in question is governed by the FCRA as well as the Fair Debt Collection Practice Act, both of which were put into place by the Fair Trade Commission to protect consumers from predatory companies like The Best Service Company. The FCRA states that a collection agency may NOT continue collection activity (which includes reporting of information to the credit bureaus) until a debt has been properly validated.
All I ever requested was some type of proof that this debt belongs to me, and I will make arrangements to take care of it. Because this company cannot and did not (was not willing) to provide the validation requested, it is my belief that they should remove the inaccurate information from my reports. Well, they refused and simply told me to have my lawyer contact them so they could provide the requested validation.
It seems they are NOT the "Best Service" company in my eyes as they cannot comply with a simple request for validation, which I am entitled to under the laws of the United States of America.
I will continue to pursue this action, and have already filed a complaint with the Fair Trade Commission. My next step is the California Attorney General's office, followed by a summons for their CEO and President. If this is the way they want to do business, and they think they can play hardball and push me around, they've got another thing coming.
Oh yeah, just to clarify...
Even if they were able to provide validation, which they apparently have NOT been able to do, this debt is time-barred by the laws of the United States of America, and I have NO obligation to pay it. More specifically, in California the LAW states that a collection agency/junk debt buyer has approximately 4 years from the date of the first delinquency on the account in which to collect. This time has since come and gone, and this company will not EVER receive one penny from me, EVER. This is the action I am forced to take because of their inability to comply with several sections of the United States Code. Have a great day Mark!
0 comments