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Report: #255662

Complaint Review: White Over Nite - Internet

  • Submitted:
  • Updated:
  • Reported By: Mcdonough Georgia
  • Author Confirmed What's this?
  • Why?
  • White Over Nite whiteovernite.com Internet U.S.A.

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I recently received a bill from Access Capital requesting a payment of $164.47 on behalf of White Over Nite. I had no clue of who White over nite was, so I call access Capital to find that the representatives are not helpful at all. The first person I spoke to was rude and when I requested to speak to a manager and told him how rude he was he said " we were having a special where you only pay the fees you owe White Over Nite without the collection fee but since I'm rude now you pay the full amount of $164.47" and hung up on me.

I called back and spoke to someone else and he explained to me that I requested a sample over the internet back on 4/06. I told him that I am not disputing that I may have ordered a sample but where is it? I have never recieved a sample, bill, or products from White Over Nite. Where is the stuff I'm getting sent to collections for? I have never heard of this company prior to recieveing this collectins notice from Access Capital.

The representative also realize that it was strange that it took White Over Nite over a year to send my information over to them. I honestly have never recieved a billing statement from this company. I thought that they only send you over to collection if they have made attempts to collect and they haven't. He then gave me my so called account # for White Over Nite which is 4605711 and a number to call (1877) 330-9587. When I called the # an automated rep came on and asked me for my acct# which I entered and she said "your account has been sent over to collection I cannot help you at this time goodbye".

Please help me out I feel like my back is against the wall I have no clue what to do from here, all I know is that I am not going to pay for something that i never orthorized or received. Help me please.

Darlene
Mcdonough, Georgia
U.S.A.

This report was posted on Ripoff Report on 06/20/2007 07:53 AM and is a permanent record located here: https://www.ripoffreport.com/reports/white-over-nite/internet/white-over-nite-beware-or-you-will-end-up-in-collections-internet-255662. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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#2 Consumer Suggestion

Send a certified, return receipt requested, letter to the debt collector!

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

POSTED: Wednesday, June 20, 2007

the whiteovernite.com website is down - how convenient.

The domain is registered by domainsbyproxy.com who will not release registration information except by subpoena and charges $75 per hour labor to "research" the matter - how convenient again!

All is not lost! The law requires the debt collector to VALIDATE the debt upon written request. Here's some info I'm sure will help:

I hope this helps. I developed this procedure in 2004 because a debt was mistakenly attached to my SSN and a DEBT COLLECTOR in Norcross, Georgia made numerous phone calls to me and would not tell me who owned the debt until I threatened to contact the New York State Attorney General and the Federal Trade Commission. Once I contacted the CREDITOR via certified mail, everything was corrected in my favor.

First Read the Fair Debt Collection Practices Act at ftc.gov/os/statutes/fdcpa/fdcpact.htm.

Second - send a certified letter, return receipt requested, to the DEPT COLLECTOR to dispute the debt and request written 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. Also, include a statement stating that you do not wish to be contacted again until you receive all the written debt verification information you have requested.

Once they receive the letter, they must cease all collection efforts until they provide the written information requested. This is in accordance with the Fair Debt Collection Practices Act.

Third - Once you received the written verification information requested, contact the CREDITOR (who owns the debt) via certified mail to resolve the matter.

Please note that simply sending the letter telling them to leave you alone does not absolve a valid debt. What the letter does do is force them to provide you with written validation of the debt and to stop all collection actions until you receive the information. Once you have the information, you should act on it accordingly by contacting the CREDITOR via certified mail.

Some other notes: Any statute of limitations does not absolve a valid debt; it merely prohibits the creditor from going to court to obtain a money judgment against you. IF there is already a money judgment, the statute of limitations most likely is longer in New York State it's 20 years.

You can check the statute of limitations for debt in your state at fair-debt-collection.com/statue-limitations.html.

In addition, a credit report listing does not in any way determine if a debt is valid or not, or collectible or not that is what courts are for. There are few ways a valid debt can be absolved; you pay it off, the creditor forgives it, or bankruptcy court orders it absolved.

Section 809 of the FDCPA covers debt validation nicely:

809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(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.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

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#1 Consumer Suggestion

Send a certified, return receipt requested, letter to the debt collector!

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

POSTED: Wednesday, June 20, 2007

the whiteovernite.com website is down - how convenient.

The domain is registered by domainsbyproxy.com who will not release registration information except by subpoena and charges $75 per hour labor to "research" the matter - how convenient again!

All is not lost! The law requires the debt collector to VALIDATE the debt upon written request. Here's some info I'm sure will help:

I hope this helps. I developed this procedure in 2004 because a debt was mistakenly attached to my SSN and a DEBT COLLECTOR in Norcross, Georgia made numerous phone calls to me and would not tell me who owned the debt until I threatened to contact the New York State Attorney General and the Federal Trade Commission. Once I contacted the CREDITOR via certified mail, everything was corrected in my favor.

First Read the Fair Debt Collection Practices Act at ftc.gov/os/statutes/fdcpa/fdcpact.htm.

Second - send a certified letter, return receipt requested, to the DEPT COLLECTOR to dispute the debt and request written 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. Also, include a statement stating that you do not wish to be contacted again until you receive all the written debt verification information you have requested.

Once they receive the letter, they must cease all collection efforts until they provide the written information requested. This is in accordance with the Fair Debt Collection Practices Act.

Third - Once you received the written verification information requested, contact the CREDITOR (who owns the debt) via certified mail to resolve the matter.

Please note that simply sending the letter telling them to leave you alone does not absolve a valid debt. What the letter does do is force them to provide you with written validation of the debt and to stop all collection actions until you receive the information. Once you have the information, you should act on it accordingly by contacting the CREDITOR via certified mail.

Some other notes: Any statute of limitations does not absolve a valid debt; it merely prohibits the creditor from going to court to obtain a money judgment against you. IF there is already a money judgment, the statute of limitations most likely is longer in New York State it's 20 years.

You can check the statute of limitations for debt in your state at fair-debt-collection.com/statue-limitations.html.

In addition, a credit report listing does not in any way determine if a debt is valid or not, or collectible or not that is what courts are for. There are few ways a valid debt can be absolved; you pay it off, the creditor forgives it, or bankruptcy court orders it absolved.

Section 809 of the FDCPA covers debt validation nicely:

809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(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.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

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