I received a phone call from Whitewing on October 22, regarding a non-existent debt to Palais Royal, a Texas department store chain which Whitewing had allegedly purchased from CAMCO. The woman, a MS. Claiborne, addressed me as Nancy. I am never shy about informing anyone I'm engaged in a business conversation that this is a business matter, please address me as Ms. %. I told MS Claiborn to address me properly or not at all and that I recognized her power play.
Although they admitted this debt' was 10 years old, they tried to shame me into paying it. At one point they read off my SS# which they said they said appeared on my phone account and wanted me to verify it. Frankly, I thought I was being targeted as a phone scam victim.
As I've worked in bankruptcy law off and on for 19 years, I wasn't worried about anything other than the aggravation of having to clear this up. I told them that the Texas 4-year statute of limitations had already run years ago and that the debt could neither be collected nor placed on my credit report.
That afternoon, I received a demand letter in the mail. The following morning I mailed a cease and desist' letter (see below) and demanded proof of the debt. The original was sent certified mail return receipt requested and copies were sent by regular US mail and by e-mail (address courtesy of another victim posting here). My letter also included the web page addresses on both Whitewing and CAMCO letters in complaint.
Not surprisingly, in today's mail, I received a letter from Whitewing's compliance officer, Margaret Watkins. She says they've marked the account disputed/paid prior' and have submitted a request for documentation.
Then, bless her empty little head, she continued with Please be advised that this process can take up to 24 months to receive documentation back and that there is no guarantee that documentation will be returned. We will not be contacting you for the purpose of collecting this debt unless we receive documentation regarding this account. As of 10/28/03 all collection efforts have ceased. It's a nice face-saving paragraph, but it doesn't mean I intend to let the matter rest.
Folks, if you don't have your state's attorney general's page on debt collection already bookmarked, do it now and read it carefully!
I learned that the reference to my phone account was a fraudulent attempt to gain information about me. And, I learned The debt collector has 30 days after receiving your written request to determine whether or not the disputed item is correct. If it is incorrect, it must be corrected. The debt collector must notify anyone who has already received a report containing the incorrect item. If, at the end of 30 days, the debt collector has not been able to determine whether the item is correct or not, he or she must make the change you requested and notify anyone who received a report containing the incorrect item.
If it is later determined that the item was correct after all, you must be notified and collection efforts may be continued. This, in effect, is calculated intimidation and harassment to ensure that I worry for the next two years. If I haven't received the proof by November 24, Whitewing will be in violation of another regulation and I'll file a report with the Texas AG the following morning.
There is no way I'm going to ignore this attempted robbery by Whitewing and CAMCO. My phone company advises me that they do not give out any information and have confirmed what dates my account was accessed and by whom (easy to accomplish, since the account is very new. Palais Royal has asked me to forward the letters so that they can perform their own investigation. I want to use every avenue the laws of Texas and the U.S. Provide me with to stop and to punish these bottom feeders. If any class action is filed, I want to be one of the plaintiffs. My e-mail is [email protected]. I'd like to hear from any Texas victims; maybe we can get organized.
US Fair Debt Collection Practices Act http://www.ftc. Gov/os/statutes/fdcpa/fdcpact.htm#816
Make notes of every call, get names, and phone numbers; save every written communication sent or received. Check the federal and state laws to see if there's anything you can use against them.
My cease and desist letter contained the following verbage:
I am in receipt of your demand letter dated October 18. I dispute the validity of this alleged debt and, in accordance with the Fair Debt Collection Practices Act and the fair debt collection laws of the State of Texas, demand that you cease and desist all collection activities on this debt and that you provide proof of such alleged debt. Further, I demand that any entries you have made to any credit reporting agencies be deleted and that you send me proof of your instructions to any of these agencies to delete such reports.
Nancy
Houston, Texas
U.S.A.
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