How can I dispute a debt with the original creditor?
So I keep getting contacted by collections agencies saying I owe for a credit card for Bank of America. The thing is, I never owned a Bank of America credit card. The closest the bank could come up with was that I might have owed for overdraft fees and that they added a credit card to this account as a “courtesy.” When I called the bank, they couldn’t give me any details about it or what the fines are for.
I’ve disputed this original debt with collections agencies and it keeps getting sold to the next one. One of the people I spoke to from collections said the only way it would stop if I took it up with the original creditor and took legal(??) action.
I am so sick of this and can’t figure out how to challenge Bank of America so all of this will stop!!!
This is a prime example of why you NEVER listen to a collection agent…THEY ALWAYS LIE!!
It is the responsibility of the debt collector to prove that you owe this debt. When you send a demand to validate letter the debt collector, if they follow the law, is supposed to provide proof of the debt from the files of the ORIGINAL CREDITOR and send it to you.
Again, it is THEIR job to obtain the proof, not yours.
Now if they keep selling off this debt to another collection agency who then attempts to collect, that is a violation of the FDCPA. The link below shows a sample letter that explains it a little bit. The letter is in post #77.
http://creditboards.com/forums/index.php?showtopic=234038&st=75
You definetly need to start learning your rights under the FDCPA, FCRA and any state laws you have. You also might consider joining CreditBoards (its free – no spam) and get help from other people who have dealt with this before.