02-03-2008, 11:47 AM
|
|
Senior Member
|
|
Join Date: Nov 2006
Posts: 456
|
|
(
Quote:
Originally Posted by billrae
I have power of attorney for my mother. I received a message on my answering machine from United Bureau. In the message they claimed that they had called and sent written notice that She had she 30 days to dispute this claim. The message said that we must contact them now to settle this issue. I had spoken with them a few weeks ago and they had never made any mention of this. My mother does not have the assets to pay the balance off in full and there playment plan would not work. They also claim that citibank still owns the debt they are just representing them. I am positive my mother has never received anything in the mail regarding thirty days and not mention was ever made on the phone. Where do I go from here?
|
Once again, I would suggest reminding the creditor of their responsbility: From the FTC's website as posted above (Fair Debt Collection Practices Act.)
... (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
[/(c)[b] CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—(1) to advise the consumer that the debt collector’s further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notifica-tion shall be complete upon receipt. (d) For the purpose of this section, the term[b] “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator[b].
That's just "for starters." (And only a small portion of the information available on that site.) My first suggestion was/still is to "get them off of your back." If you choose to investigate the nature of the debt, you CAN follow up on your own. If you choose to renegotiate, that's your decision to make. IF you choose to contest the charges, that's also your personal decision/choice and personally, I wouldn't suggest you wade in with a combative stance without legal counsel. Pay someone licensed to practice law to look up the precedents, if your particular situation deteriorates to that level. (Chances are they won't.) My following comments were simply a suggestion beyond your original question; that regardless of the actual outcome, you follow up with the credit report aspect. Again, good luck.
|