Requesting copy of personal records

by Trevor
(Austin, Texas)

Am I within my rights to demand that a debt collection agency provide me with a copy (hard/electronic) of all of the records they have on file for me?

I have been back and forth with Financial Corporation of America for over a year now. Seven months ago I faxed all of my proof of payment information to them. I was told it would be researched and I would be contacted when the process was complete.

Tonight, 9/14/2011, I received a phone call at 8pm!! It was the exact same company calling to attempt collection.

I missed their initial call and called them back, the rep on the other end did not identify themselves and refused to disclose any pertinent information until I provided my own credentials.

I explained to them again that I faxed all of the payment information already, back in January 2011, and understood that the matter was settled.

At this point I am very aggravated by the incompetence of these people and I requested they provide me with a copy of all of the information they have on file under my name.

The service rep couldn't do anything for me so I escalated it up to their manager. The manager checked the logs and told me there was an entry stating that my payment information was in-fact received (something the phone rep completely missed somehow).

I put my request for information out again and the manager told me flat out "It's just not going to happen, we don't do that" in regards to releasing my information to me.

He tried to suggest that his verbal acknowledgement was more than adequate and that I need to give them 24 hours to research the matter and get back to me.

I took the request higher and asked to speak to this manager's boss who won't be in the office until 9/15/2011.


How are they justified in telling me I can't have access to my own personally identifiable information? This is my credit score they are screwing with and I'm supposed to trust them after they lost track of my account status information for seven months?

Obviously their staff in incompetent and negligent, I need recourse against this company and a copy of my records for my own files should I need to make this a legal matter.

Comments for Requesting copy of personal records

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Nov 07, 2011
Requesting copy of personal records
by: Debtcollectionanswers.com.

Trevor:

I appreciate your frustration dealing with the collection agency. We hear from many, many consumers with accounts in collection who share your feelings. Unfortunately however, the federal Fair Debt Collection Practices Act (FDCPA) does not require that the collection agency comply with your request for a hard copy of every record the agency has on you. There may be a Texas law that could help you in this regard, but I am not an attorney nor am I familiar with Texas law so you would need to consult with a lawyer in your area to find out.

If you do not believe you owe the money that the agency wants you to pay, the FDCPA does entitle you to ask that the agency provide you with written proof of your debt. However, the agency is NOT required to provide you with that proof unless you request it within 30 days of being contacted about the debt by the agency for the very first time.

If you believe that you are being treated unfairly by the collection agency and/or that you are being asked to pay a debt that you do not owe, you may want to consult with a consumer law attorney in Austin who helps consumers resolve debt collection problems. Often, a call or letter from an attorney can get problems resolved more quickly than a consumer can. This is unfortunate, but true. Also, the attorney may decide that the agency has violated your legal rights in some way and recommend taking legal action. Go here to read how to get http://www.debtcollectionanswers.com/free-legal-advice-debt-collection.html for FREE or for no cost.

I also recommend that you learn about your legal rights when you are dealing with a debt collector and that you find out what collectors can and cannot do to collect money that you owe. Having this information will help you resolve any future debt collection problems more quickly and effectively. One good way to do that is to purchase a copy of our book Debt Collection Answers: How to Use Debt Collection Laws to Protect Your Rights. You can read the first chapter of Debt Collection Answers online for free.


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