Last year, I received a letter from Midland Credit Management stating I owed $381.87 on some account with FCNB/Eddie Bauer/James River. Now, I have absolutely NO clue who any of these companies are and I have been dancing in cirles with Midland this past year. They never verify the debt, they just keep sending me offers for a settlement for a lower payoff amount. The damn accounts aren't mine and I am not paying for anything that's not mine!!! So, I have finally had enough and I am taking control. For all you people out there that have collection agencies calling you at work, at home, sending you demand letters and just plain making your life hell... YOU HAVE RIGHTS!
First, if you are being harassed on the phone all the time, simply telling them to stop calling is not enough; you must put it in writing! Then if they call you, you can sue them for harassment! Secondly, send all correspondence with a creditor by certified, return receipt mail. This proves they received your letter! That's where I almost screwed up, but not quite! I decided to send a packet to the local office as well as the corporate office. Their 30 days began as soon as Denise signed for my letter here at the local office!
I have filed complaints with the Federal Trade Commission, the BBB and the attorney general of California. Next on my list is the attorney general of Arizona (they have a license and office here) as well as the Arizona State Banking Department. The Banking Department reglates all the collection agency licensing! In my packet, I enclosed all copies of correspondence as well as the newest letter stating my intent to see them in court. I have the forms ready for the Arizona Small CLaims COurt, and my my files are ready to go! They signed for my letter 03/04/04 so they have 30 days from that date... I'll let you all nkow how it goes! Power to the consumers!!
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