To start I requested twice a validation from Washington Mutual and never received it. Then I get this call from ERC (Enhanced Recovery Systems) out of Jacksonville, Fl.
John the collector says he is calling on behalf of the client Washington Mutual for the balance owed of 8200. I reiterated about asking for the validation and he says that they can’t do it. That THEY don’t actually own it but Hilco Receivables Owns it and they are just collecting a debt for them. So now Washington Mutual is no longer involved I suppose. He wanted me to make a full payment by transfer. I said I have 24 dollars in my checking account not over 8200 and I am not going to make a payment period or some such like that. I never admitted to anything.
So I am really confused here. How can they collect on something that they can not prove is valid? Should I contact Hilco Receivables. He said if we made a payment and were to pay this off that it would be reported positively. If it has already been charged off then how good can it do?
I just don’t know where to go or who to deal with?
So “Hilco Receivables” or SOMEONE has to provide validation. Otherwise, they can go jump in the lake. In fact, read them the appropriate part of the Fair Debt Act, and let them know that unless they provide validation, you can pay nothing and they need to stop calling you. Tell them you would truly love them to call again, as you would LOVE to own a collection agency, as you will do when they violate the law and you sue them!!!!
I think if I was you I would keep everything in writing. Get an address for “correspondence only” for WAMU, ERC, and Hilco and write them all the same inquiry type letter noting you’ve carbon copied each creditor/collector and wait for a response from each. This may help you get a better idea of the debt and who is holding it; the other thing you could do is order your credit report from annualcreditreport.com to see what it may be and who is collecting. Just some suggestions you could try.
They cannot legally collect without proof of the debt. Think about this, they threaten to sue. Then the sue, what are they going to tell the Judge? He/She owes because we say they do or because WaMu says they do? With out proof, the judge will laugh them right out of court.
Tell your harassers that with out proof of the debt, you will not talk to them again. You should do this in writing, return receipt requested as proof. Quote the Fair debt collections act in your letter.
And never, ever, ever give them electronic access to any account under any circumstances. They will, if they can, take more than you have in the account.
Best to you.