• Report: #263344

Complaint Review: Debt Recovery Solutions

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  • Submitted: Thu, July 26, 2007
  • Updated: Tue, August 14, 2007

  • Reported By:Swansea Illinois
Debt Recovery Solutions
900 Merchants Concourse, Suite 106 Westbury, New York U.S.A.

Debt Recovery Solutions, Trying to collect verizon wireless bill from 10 years ago+!!! Westbury New York

*Consumer Suggestion: Play it safe and demand validation

*Consumer Suggestion: Ignore this letter!

*Consumer Suggestion: Ignore this letter!

*Consumer Suggestion: Ignore this letter!

*Consumer Suggestion: Ignore this letter!

*Consumer Comment: Samething happened to me this past weekend.

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I received a letter from DRS, LLC indicating that I owed over $800 dollars to a Verizon account. Mind you, I haven't had Verizon in my name for at LEAST 10 years! I called them and they were very rude on the phone, asking for my the last 4 of my social. I told them I was calling to dispute their claim. Teddy (as he called himself) told me that they would send me a packet of information in the mail, showing that I did owe the amount. I still have not yet received the packet. I spoke with an attorney friend and he gave me this generic letter to write back to them: (as follows)

Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
Dear {insert name of collector or company},
I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) because I do not believe I owe what you say I owe.

This is the first I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

I respectfully request that you provide me with the following information:
* (1) the amount of the debt;
* (2) the name of the creditor to whom the debt is owed;
* (3) Provide a verification or copy of any judgment (if applicable);
* (4) Proof that you are licensed to collect debts in (insert name of your state)

Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:

* because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;

* you cannot add interest or fees except those allowed by the original contract or state law.

* you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA;

Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.

I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.

Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.
Signature here
Your Printed Name

I did find the CEO's name and personal number: Donald Schwartz 516-229-4803. More to come.......

Jason
Swansea, Illinois
U.S.A.

This report was posted on Ripoff Report on 07/26/2007 10:38 AM and is a permanent record located here: http://www.ripoffreport.com/r/Debt-Recovery-Solutions/Westbury-New-York-11590-5114/Debt-Recovery-Solutions-Trying-to-collect-verizon-wireless-bill-from-10-years-ago-Wes-263344. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 6Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Play it safe and demand validation

AUTHOR: Robert - (U.S.A.)

Mike, you wrote: "After three years, if the company or collection agency has sent you no communication and you have not communicated with them, they are barred from collecting the debt."

This is not true. I know of no law that states anything even remotely as this. By your statement, all anyone who doesn't want to pay a legitimate debt would have to do is 'not communicate' for 3 years and presto, the debt cannot be collected. Utterly false! Who told you this???

Further, the SOL in CA for credit card debt is 4 years.

You also wrote: "Once you dispute the debt or communicate with them, you validate the debt and they can collect." This is also completely false! Disputing a debt is NEVER considered a validation of the debt - read the FDCPA for yourself.

I can't imagine why you tell people this, unless your a debt collector yourself and you're hoping people will ignore such communications so that you might win default judgements when you sue folks.

Kindly explain (with cites from law) why you posted this gross misinformation.
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#2 Consumer Suggestion

Ignore this letter!

AUTHOR: Mike - (U.S.A.)

After three years, if the company or collection agency has sent you no communication and you have not communicated with them, they are barred from collecting the debt. I am surprized that the lawyer you consulted did not inform you of this. Once you dispute the debt or communicate with them, you validate the debt and they can collect.

I received such a letter from AFNI trying to collect a debt from 1999 from a Voice Stream account I had (Voice Stream was bought out by Verizon).

I have no intention of validating their debt.
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#3 Consumer Suggestion

Ignore this letter!

AUTHOR: Mike - (U.S.A.)

After three years, if the company or collection agency has sent you no communication and you have not communicated with them, they are barred from collecting the debt. I am surprized that the lawyer you consulted did not inform you of this. Once you dispute the debt or communicate with them, you validate the debt and they can collect.

I received such a letter from AFNI trying to collect a debt from 1999 from a Voice Stream account I had (Voice Stream was bought out by Verizon).

I have no intention of validating their debt.
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#4 Consumer Suggestion

Ignore this letter!

AUTHOR: Mike - (U.S.A.)

After three years, if the company or collection agency has sent you no communication and you have not communicated with them, they are barred from collecting the debt. I am surprized that the lawyer you consulted did not inform you of this. Once you dispute the debt or communicate with them, you validate the debt and they can collect.

I received such a letter from AFNI trying to collect a debt from 1999 from a Voice Stream account I had (Voice Stream was bought out by Verizon).

I have no intention of validating their debt.
Respond to this report!
What's this?

#5 Consumer Suggestion

Ignore this letter!

AUTHOR: Mike - (U.S.A.)

After three years, if the company or collection agency has sent you no communication and you have not communicated with them, they are barred from collecting the debt. I am surprized that the lawyer you consulted did not inform you of this. Once you dispute the debt or communicate with them, you validate the debt and they can collect.

I received such a letter from AFNI trying to collect a debt from 1999 from a Voice Stream account I had (Voice Stream was bought out by Verizon).

I have no intention of validating their debt.
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#6 Consumer Comment

Samething happened to me this past weekend.

AUTHOR: Phillyc22 - (U.S.A.)

I also received a bill from them for $918.72 for a verizon account i never opened. I will be sending the same letter to them however, do you know if this will effect my credit score since i am disputing this? and i did some research and someone opened this account 5 years ago under my name.
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