My friend has an auto repossession on his credit report; he called and asked them to send proof that this was actually his because there's another person 2 hours away from him with the same name(even the Junior at the end!). All the collections agency mailed him was a settlement agreement. He called back after he got the agreement and again asked for proof that this was in fact his debt. They said they would send out the necessary papers showing identification; that was over a week ago. So there's still no proof that this was his vehicle and the deadline is coming up to make the settlement. What can he do to get them to prove that this is his debt?

Good luck. My daughter is possibly being kicked out of the air force by the end of the month because she has been begging the collection agencies to send proof of her payments and the payment arrangement because she can't have bad credit in the military. They refuse to send her anything. They claim they are not allowed to send anything about anything until she has them paid off.

Send another request to respond you your demand they provide positive proof of the alleged debt. If the fail to supply it, file a complaint with the FTC against them. File a law suit also.

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Originally Posted by this8384

My friend has an auto repossession on his credit report................... and the deadline is coming up to make the settlement.

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Hello this:

A lot of stuff happened in between his finding the debt on his credit report and some deadline coming up for something with somebody.

If you would like a detailed response, please give us more details.

excon

Oct. Of 2007: He pulled up his credit report and saw that he allegedly owed someone $12,000.00; there is also a bankruptcy on his credit report that he never filed for. This led him to believe that the $12,000.00 wasn't his either. He filed an initial dispute on the bankruptcy to see what they said about that and as of today's date, has still not received a response.

Dec. 28, 2007: Having heard nothing on the bankruptcy dispute, he filed another dispute regarding it and called the collections agency that says he owes them $12,000.00 and asked that they send documentation proving that this was his debt.

Jan. 9, 2008: He receives a settlement agreement in the mail saying that they'll offer him a discount but he needs to accept by Feb. 4, 2008. He calls them and tells them that this is not what he asked for, he wants proof that this debt belongs to him. They say they'll send it out right away.

Jan. 18, 2008: He calls and asks why he hasn't received any paperwork because if it is his debt, he would like to take advantage of the discounted settlement but he's not going to just mail them a check without any proof.

That's why I was asking how he can get proof of this debt. He keeps running in circles with these people and they're not doing anything to help him. If they won't prove it's him, how can they possibly ask him to pay?

The credit bureaus are only the messenger ; they do not prove or disprove the existence of anything on your credit records. If this debt is not the person's you speak of then he needs to contest it by first notifying the credit bureaus. They may be able to give him some guidance as to how to proceed in contesting a debt but they do not furnish the proof or disproof.

Also, he has to stop calling ; everything should be put in writing. He doesn't call and ask, he sends written requests. It's OK for him to follow up with a phone call after the fact but all correspondence needs to be put in writing. And he shouldn't be merely asking for proof, he should be actively denying that the debt is his and suggesting the possibility of mistaken identity (due to the name duplication.)

I know the credit bureau doesn't provide proof; he didn't ask the credit bureau for proof. He asked the collections agency for proof, which they said they have in their building.

Like I stated, he filed a dispute over the bankruptcy and heard nothing in a 90-day time period; the credit bureau said a dispute takes 30-45 days to resolve, and that he will then receive a copy of his credit report as well as the result of the dispute. He has gotten nothing regarding this bankruptcy dispute he filed twice.

Also, I have some issue, lead him to believe this was not his debt?

He knows if this is or if this is not his debt would he not,?

So if he knows this is his valid debt, then it is, and he shuld pay it and it should be on his credit report. If this is not his debt and he would know if he owed them or not,
If he had a car repo'ed then it would be his?? If he did not have a car repoed then he demands it be taken off his record.

Hello again, this:

Thanks. That helps a lot. So, I know you don't want to hear about all the stuff he did WRONG, but let's start there.

His memory is faulty, or he's not telling the truth. I opt for the latter. It's fine that you tell us he doesn't want to pay. I get that, and I'm not here to judge. But, to tell us that he doesn't remember if he had an expensive car repossessed ain't going to wash here.

They weren't bothering him at all, so he decided to tug on superman's cape a little... Well, he shouldn't have done that. KNOWING it was his debt, he thought he could get the collection agency to remove it by slick talking them. He heard somewhere that he doesn't have to pay if they can't verify the loan...

What he DID was start the clock ticking again making it even more difficult to resolve the debt.

Then he continued his conversation with the collector scumbags. And, YOU somehow think they're supposed to help him...

So, that explains how he got himself in deeper...

Challenging it with the credit bureaus is going to be a lot harder now too, since the collection agent is smelling blood.

Here's what he should have done. You say he filed a dispute with the credit bureaus. THAT'S where he should have stayed until that job was finished. With proper challenging techniques, he could have had it removed and that would have been that.

But, now he's in a can of worms of his own making... I don't know what he wants to do. Does he want to settle it?? That's one course of action. Does he want to fight?? That's another course.

By the way, now that he awakened the sleeping giant, they know he's got bucks so they're not going to go away. If they sue him and win, he's going to owe twice what he does now, and with a judgment, they'll make his life miserable.

So, you tell me what course he wants to take, and I'll tell you how to navigate it.

excon

The issue is they're saying he had a car repossessed in 2002, which he knows he didn't. He did have one repossessed but it was long before that. He's trying to clarify what exactly is going on, whether this is his debt, and if it is, he is going to pay it.

He didn't file a dispute over the collections for $12,000; he filed a dispute over a bankruptcy for another account that he never had.

He's not trying to get out of anything, if it's even his to get out of. He wants proof of it being his, and they're not giving it. If they show it to be his debt, he'll get a loan and opt for the settlement. If it's not his, he's going to file a dispute. The whole problem lies in the fact that they won't give him any information showing that it belongs to him but are listing this on his credit as his debt.

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Originally Posted by this8384

The whole problem lies in the fact that they won't give him any information showing that it belongs to him but are listing this on his credit as his debt.

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Hello again, this:

Couple things. Legally speaking, at this stage of the process, they don't have to verify the debt. You assume they do. You further assume that they have to help clarify the law for you. They don't.

You also seem to think he has leverage to force them to verify the debt. He has none. In fact, they do. They have a big hammer they're about to use. At this stage, your friend doesn't have squat.

I suggest the loan is his. If he wants to take care of it, here's what he should do.

If he needs to take out a loan, have him do that. When he has cash in hand, he should get on the phone with them and negotiate. Once he gets to that point, he HAS leverage. Why? Because now they can smell the money. They want to get paid. They work on commission. No tickee - no washee.

Once he reaches a monetary settlement ($.50 on the dollar?), he should make his payment based upon two contingencies. 1) They fax PROOF that they have his signature on file, and 2) their promise that they will not respond to the credit bureaus when they inquire about the debt in the future.

Get the second promise in writing. Once he has it in his hands, he is free to pay the debt. He can then challenge it with the credit bureaus. They will go back to the collection scumbags and ask them to verify the debt. They won't, per their promise, and the repo comes off the credit report.

That's what I'd do, anyway.

excon

Thanks, I'll let him know & let you know what happens :)

So after calling the SIXTH time about this, they finally faxed him the paperwork on 01/28. The loan was his; as for what happened exactly, we don't know. First they said it was a repo, then they said he returned the car to the dealer on his own. I swear to you, I've never seen a bunch of more incompetent people in all of my life! He was after them for a month when they had the paperwork all along. Also, they sent him a letter saying the settlement offer expired on 02/03, but they have no copy of the letter ever going out so they were trying to tell him he had until 01/31 to accept. He had to fax them their own settlement letter... what a joke!

Long story short: he was able to get a loan and he overnighted a check to them yesterday. Thanks to everyone for all of your help!!