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  • Jul 12, 2006, 05:57 PM
    J_9
    Sprint
    Hey folks, got a good one for you.

    Hubby and I just got a letter in the mail from a law firm in Utah claiming that we owe Sprint Communications a little over $50.

    We have never used Sprint and never plan to, geez we don't even have long distance access, that is what our cell phones are for. I was wondering how to go about getting info that will prove if a call was made to us (collect, but we never get collect calls) or to whom we have made a call.

    The letter only has hubby's name, no phone number (not ours) or any info that identifies us.

    It only threatens a lawsuit for around $50.

    Thanks for your help
  • Jul 12, 2006, 06:08 PM
    Fr_Chuck
    It could be many things,

    1. a fake law firm ( scam) hoping you will merely pay the money, if they send out 1000 letters like that and get 200 to pay, well you understand.

    2. someone used your husbands name and social security number to get a phone or long distance service. ( you should run your credit report on all three of the major credit reporting firms.

    3. It is a error from someone else with a similar name

    4. you owe it and just don't know why.

    Don't supply them any personal data without checking them out.And then only limited. Call the state bar ( or check the state bar web site) and see if the lawers listed are actually bar memebers.

    Check out the BBB on this law firm

    Call directly assistance and see if this law firm is listed with a phone number. Call them and verify their address.

    Send them a certified letter, stating you don't owe this money, and demand that they send proof of the debt, Someone posted a good leter to use, I think I got a copy of it and will try and post it below.

    If the original poster of this letter finds I left anything off, please update what I may have missed.

    Here is the letter

    But in general, deny oweing anything and demand they provide proof of the debt.

    **** sorry, I tried to paste it but it was too long, I will try and post it in a new window








    Recording Requested by, and
    When Recorded Return to:

    Your name
    Address
    State and zip code
    1.
  • Jul 12, 2006, 06:09 PM
    Fr_Chuck
    Debt collector name
    Address
    state

    RE; Account




    DEBT COLLECTOR DISCLOSURE STATEMENT
    This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction.
    Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e. “Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition” (Black's Law Dictionary, Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Fair Debt Collection Practices Act, 15 USC §1692g, applicable portions of Truth in Lending (Regulation Z), 12 CFR 226, and demands as cited above Disputed Debt. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following:
    1.Name of Debt Collector: ……………………………………………………………….……………………………………………...
    2.Address of Debt Collector: ……………………………………………….…………………………….. …………………………….
    3.Name of alleged Debtor: ………………………………………………………….. ………………………………………………….
    4. Address of alleged Debtor: ……………….……………………………………... ………………………………………………….. .
    5. Alleged Account Number: ……….. …………... …………………………………………………………………………………….. . 6.Alleged debt owed: $………………………………….…………………………………………………….. ………………………...
    7.Date alleged debt became payable: ……... …………………………….……….. …………….. ….. ……………………………….
    8.Re this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector?
    …………………………………………………………………………………………………………………………………… ………
    9. Re this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor?
    YES NO
    10. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable)
    11. If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount:
    Date: …………………………………………………… Amount: $…………………………………………….. ……………………
    12.Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A
    13. If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount:
    Date: …………………………………………………… Amount: $…………………………………………….. ……………………
    14. Regarding this alleged account, Debt Collector is currently the:
    Owner; (b) Assignee; (c) Other – explain: …………………………………………………….… .
    …………………………………………………………………………………………………………………………………… ………
    15.What are the terms of the transfer of rights re this alleged account? ……….………….……….……………………………….

    16. If applicable, transfer of rights re this alleged account was executed by the following method:
    (a) Assignment; (b) Negotiation; (c) Novation; (d) Other – explain:…………………….…………………... ……………
    ... ………………………………………………………………………………………... …… …………………………………
    17. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A
    18. What is the nature and cause of the consideration cited in # 17 above? ………………………….……….……….. …………
    ………………………………………………………………………………………... …………………………………… ……………………………………………………………………………………………………... ……………………… …………………………
    19. If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value?
    YES NO N/A
    20.What is the nature and cause of any value cited in #19 above? ……………………….………………………………………...
    …………………………………………………………………………………………………………………………………… ………
    21.If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A
    22. What is the nature and cause of any consent cited in #21 above? ………………………………………………………………
    …………………………………………………………………………………………………………………………………… ………
    23. Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO
    24. Date said verification cited above in # 23 was provided alleged Debtor: …………………………….………………………...
    25. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO
    26. Verification cited above in # 23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION
    27. Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO
    28. What is the nature and cause of any claim(s)/defense(s) re this alleged account? ……... …………………………………….
    …………………………………………………………………………………………………………………………………… ………
    29. Was alleged Debtor sold any products/services by Debt Collector? YES NO
    30. What is the nature and cause of any products/services cited above in # 29? …….……………………………………………
    …………………………………………………………………………………... ……………………………... …… …………………
    31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO
    32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? ……………………………….
    …………………………………………………………………………………... ……………………………... …… …………………
    33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO
    34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? …………………………………………………………………………………... ……………………………... …… ………………
    35. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO
    36. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? …………………………………………………………………………………………………………………………………… ……
    37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO
    38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO
    39. Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO
    40. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO
    41. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO
    42. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO
    43. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO
    44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO

    Debt Collector's failure, both intentional and otherwise, to complete/answer points “1” through “44” above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite verification validating the hereinabove - referenced alleged debt, constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account.
    Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief.

    ____________________________________ ____________________________________
    Date Printed name of Signatory

    ____________________________________ ____________________________________
    Official Title of Signatory Authorized Signature for Debt Collector

    Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC §1692 et seq. and which states in relevant part: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” which includes “the false representation of the character, or legal status of any debt,” and “the threat to take any action that cannot legally be taken,” all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector's claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty (30) days for processing after Respondent's receipt of Debt Collector's response.
  • Jul 12, 2006, 06:10 PM
    Fr_Chuck
    As I noted, this was not a letter I came up with, some other poster on here did this a week or two ago, I loved it so much I made a copy and saved it to file, I just forgot ( age getting to me) who did it, so I am sorry I can't give the proper person credit for this
  • Jul 12, 2006, 06:13 PM
    J_9
    Wow, great, so, now, I assume that I send this exact document with all blanks empty, with a cc to my file and send Certified Return Receipt Requested?

    We have never in over 15 years used Sprint Corp.

    So we have no idea how this came about.
  • Jul 12, 2006, 06:19 PM
    J_9
    Also, is it us who signs the Signatory line or do we leave that blank?
  • Jul 13, 2006, 09:00 AM
    excon
    Hello J 9:

    Fifty bucks?? Who knows what it is? Who cares? The "Fair Debt Collection Practices Act", requires that you dispute the debt in writing, within 30 days, or it is assumed to be valid, so you must do that. It also allows you to stop 'em cold in one sentence. All you have to do is simply tell them to stop. The only alternative they'll have then, is to sue. Somehow, I can't see them actually filing suit. Keep a lookout on your credit reports, though.

    This is the letter I would write:

    TO WHOM IT MAY CONCERN:

    I hereby, dispute this debt.

    You are hereby directed, pursuant to the Fair Debt Collection Practices Act, of 1968 to cease any and all contact with me! Should you NOT do so, you will be subject to fines and penalties of up to $1,000 per day.

    Furthermore, if you damage my credit rating, I will sue you for a lot more than $50.

    Contact me at your peril.

    Sincerely,

    J_9 and Hubby

    Send it certified, return receipt requested.

    excon

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