I was offered by ARS National a settlement amount and to be paid in 12 months so I accepted it & while I was making payments my account was transfered to another collection agency without my knowledge. ARS didn't send me any documents to proof that this dept was settled yet, the only thing I have to proof is my bank statement so now this new company is billing me for the full amount & they said that bank statement is not good enough as proof of payment. Right after my account was transfered I call ARS again asking for a letter or a document as proof of the settlement and ARS said they can't provide any information because my account is closed with them.
Thank you in advance for your help.
Among other tactics, you have a right under the FDCPA to demand a "verification" of the debt, which must be provided to you within 30 days. The best way to do this is to send a demand by certified mail to the new collection agency.
FIle a cross complaint against the "old" debt collector which held the debt, collected your money but failed to extinguish the debt.
That's what you absolutely need to do.
Obviously consult the laws of your state.
Both answers provided are very good. I would just add it will have more power and persuasion if this letter comes from a lawyer. But by setting up the debt collector with the FDCPA to demand a "verification" of the debt, which must be provided to you within 30 days. The file suit is the best method.
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