Collection Agency Not Attempting To Collect

[NicholasCage]

A collection company has on my credit report that I owe them, but yet the account is 'closed'.  I was originally contacted once back in 2001, but I'm unsure if that was the original financing company or the collection agency.  I have never received one attempt from them to contact me whatsoever.  After seeing this on my report, I initiated contact with them last fall to explain this is my ex-husbands debt because he was court-ordered in 11/2000 to refinance the auto to get my name off the loan.  He did not do this, he returned the vehicle 1/01 without my knowledge until the phone call in approximately June of that year.  I told the person at the collection agency that information and that I had not been contacted regarding this debt.  The person proceeded to tell me that he 'knew' I had been sent letters, which is absolutely false, the only letters that came to my address was addressed to my ex-husband only.  I explained to this person that the company needed to contact my ex-husband, provided them with the address.  He then proceeded to tell me that the letters that were sent to my address were for me.  I explained that my name was not on the address, therefore it is a federal offense for me to open my ex-husbands mail.  Since this conversation, there has been no contact.  I'm wondering what I can do about this to get it removed from my credit report?  Thanks for any advice in advance!

[Zedekiah]

Hello Rhonda,

First of all, thank you for writing to me.  I am getting ready to do a training in Honolulu next week, so bear with me.

First let me tell you the nature of the Debt Collection Business.  We, as debt collection agencies solicit clients from around the nation to collect their outstanding debts.

We deal with all types of debts, whether they are consumer or commercial.

You have to understand that the accounts now arrive on DVD and we simply IMPORT the DATA into our mainframe collections system.  There are thousands of accounts that arrive daily.

In the past, when an account arrived, a file would be created and there would be a collector that would call you and listen to your situation and come up with a win-win to resolve your issue.

Now, the industry is based upon auto-dialers and 7.00 hour clerks who do nothing more than read from a script on a call center floor.(There are exceptions)

Your issue is simple.  The account was placed with this agency and they sent you five automated letters and tried to call the last phone number that they had on file for you.  Since you were not easily contactable, they probably statused your account as a "SKIP" and put the account on your credit report in hopes that you would call in 5 years and freak out and pay.

THAT IS WHAT HAPPENS.

Regarding the court order, that really has no relevance to the issue at hand, as the creditor must have previously been MADE A PARTY TO THE DIVORCE ACTION and that rarely happens, so basically what the court ordered your husband to do is worthless in the eyes of a collector.

If I were you, I would send all of the data to support your claim to the Credit Bureau.  Send it certified and enclose a copy of this letter that I am writing to you.

I want you to also go to the judge that made the original order and ask him to PROVIDE AN OFFICIAL COURT ORDER TO HAVE THIS ITEM REMOVED FROM YOUR CREDIT REPORT.

Many Judges will do this, as they are sick and tired of having their rulings ignored.

Upon receiving the COURT ORDER, You have won!

This is a process, but I have been able to do it for my personal clients all the time.

Rhonda, thanks for writing and please provide feedback on the site!

Regards,

Robert Paisola

CEO

Western Capital

www.mycollector.com

ABOUT YOUR AUTHOR:

Robert Paisola is driven by a passion for people--motivating them to reach

for the highest standards of success. As founder and president of many

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professionals who want to strive to get to the top...and stay there.

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