|
BusinessWallet posted:I forgot to mention: He did ask me where I work, what I do for a living, how much I make in a month, where I bank, stuff like that. I didn't give him any info, but I thought it was strange that he asked. He said he was trying to help me with the settlement and gave a bullshit explanation. At this point, I wouldn't pay. Find their address and fire off a DV letter CMRRR. Any company that does a PFD will be happy to wait for you to send them a confirmation letter, sign it, and return it.
|
#
?
Dec 10, 2010 04:38
|
|
|
|
| # ? May 10, 2024 00:00 |
|
|
BusinessWallet posted:I actually just called back again with my GV number and didn't identify myself, and spoke to a supervisor. Collectors openly talk about passing the phone to the person in the next cube if someone demands to speak with a manger. And while the legality is certainly questionable, good luck proving that the person you're talking to isn't a supervisor. quote:She said that they're a debt collector company, not a debt collection agency and I asked the difference and she said that they can sue. I asked her what states they have the power to collect in and she said that she wouldn't be able to answer that, but I did get her to explain that they send out a debt dispute letter, the first one that they always sent you which I have not received. quote:I think that they acquired the debt very recently and they're trying to collect on it before I get it or something. I will call them and talk about the settlement. When I said pay for delete the rep had no idea what I was talking about, and I said that I would only settle if the record would be erased from my credit report. He said that it would be "settled in full" and I would have to fax the record to the 3 credit bureaus and it would be taken off my credit report in 4-6 months. This sounds fishy to me? It doesn't sound like what has been talked about in this thread. You should consider crafting a specific DV / PFD strategy, if you're willing to pay. quote:I forgot to mention: He did ask me where I work, what I do for a living, how much I make in a month, where I bank, stuff like that. I didn't give him any info, but I thought it was strange that he asked. He said he was trying to help me with the settlement and gave a bullshit explanation. If I was a collector, I'd love to know how to bother you at work. And how hard I can squeeze you for money, how likely you are to remain employed, and to make you simple to garnish if I already know where you keep your money. If you said "I work part-time at Kentucky Fried Chicken, usually on the biscuits but sometimes I clean the Pepsi machine. And I usually cash my paycheck at the liquor store, so I don't need a bank account." a collector is going to be more apt to take a tiny settlement and leave you alone. Keep in mind that for better or worse, the collector deals with information. The more they can get, the better leverage they have. If you come out of the gate offering $800, why can't you do $1,000? If I know you never answer your phone at Acme Corp. from 12:30 - 1:30 and I start leaving messages with your receptionist or "accidentally" start hitting your co-workers' extensions looking for you, maybe you'll pay that extra $200 to make me stop embarrassing you. If I know your credit report is pristine other than what I've got on you, and I know that you're a neurosurgeon, you're going to have more money and inclination to pay me than the KFC guy who is $15k in the hole and has three judgements and every collector in town looking for him. If you're playing hardball, maybe all I need to do is make sure my next letter to you warns that I just might have to ask a court to let me garnish your checking account at First National of Anytown. Never, ever give a collector more info than they have. Don't verify SSN's. Don't verify phone numbers other than the one they called you on. If you're in credit repair for the long haul, get a PO box and stop verifying your home address. If you don't have the personality type to flatly tell a person "I decline to verify that information." tell them that you're concerned about identity theft and that for all you know, they're not who they say they are. If they want to prove otherwise, they shouldn't mind doing it in writing. CubsWoo posted:At this point, I wouldn't pay. Find their address and fire off a DV letter CMRRR. Any company that does a PFD will be happy to wait for you to send them a confirmation letter, sign it, and return it. At this point, I'd start with something like this: quote:To Whom It May Concern: They'll likely (re)send a "Hey, you owe us money." letter, where you can come back with "Prove it." / "I don't think that dollar amount is right, but I probably owe something. Let's call it 15%, you tell the CRA's that it was all a big mistake, and we'll all be happy." / "Oh my Christ, please don't hurt me. Paypal sent." TWiNKiE fucked around with this message at 08:01 on Dec 10, 2010 |
|
#
?
Dec 10, 2010 07:56
|
|
|
TWiNKiE posted:If you said "I work part-time at Kentucky Fried Chicken, usually on the biscuits but sometimes I clean the Pepsi machine. And I usually cash my paycheck at the liquor store, so I don't need a bank account." a collector is going to be more apt to take a tiny settlement and leave you alone.  Has anyone ITT had any positive experience negotiating a settlement with an original creditor? I got a letter from Wells Fargo Card Services offering to settle my $800 balance for $400. I haven't made a payment on it in about 12 months, although I've probably paid close to $1,500 on this balance over 4 years (broke college student, fees, etc etc) before I stopped giving a gently caress. They still own the debt AFAIK although I've gotten calls here and there from collections agencies on their behalf. I don't have 400$ to give them so I wiped my rear end with their settlement offer and sent them the following letter: quote:12-9-10 I'm well aware that a settled-in-full tradeline is not much better than an unpaid tradeline, but I am also aware that an OC will probably not do a pay for delete. I think $175 is a fair price for them to gently caress off. This was honestly just a shot in the dark to get them to stop being so irritating. Any thoughts?
|
|
#
?
Dec 10, 2010 10:42
|
|
|
antwizzle posted:This line is so hilarious I'm almost tempted to call one of my junk debt buyers just so I can use it on them I would still attempt the PFD, even if you're unlikely to get it. If they outright refuse, counter with what you currently have. If you're excessively anal you can also ask them to have the agreement returned notarized, but I only slip that in with JDBs that are settling with me. With the economy in its current terrible state, collectors (even OCs) are starting to take nearly any offer they can get. Lowball like crazy and demand a PFD. They won't stop negotiating with you if they think they can get anything on an account.
|
|
#
?
Dec 10, 2010 13:11
|
|
|
Also, a quick heads-up on a collection tactic that is popping back up recently: Never cash a check from a debt collector that was sent to you unprompted. They typically are small checks ($10 or less) that are sent to you under the pretense of 'interest owed' or some kind of accounting error on their end. When you cash it, they know you're active/they have your proper address. If you cash it in your personal account, they now know where you bank and will use that if they can get a judgment against you to attach your accounts.
|
|
#
?
Dec 10, 2010 13:19
|
|
|
Can a collection company garnish my wages because of student loans without suing me?
|
|
#
?
Dec 10, 2010 16:31
|
|
|
BusinessWallet posted:Wow, thanks for the quick reply! I actually just called back again with my GV number and didn't identify myself, and spoke to a supervisor. She said that they're a debt collector company, not a debt collection agency and I asked the difference and she said that they can sue. I asked her what states they have the power to collect in and she said that she wouldn't be able to answer that, but I did get her to explain that they send out a debt dispute letter, the first one that they always sent you which I have not received. I think that they acquired the debt very recently and they're trying to collect on it before I get it or something. I will call them and talk about the settlement. When I said pay for delete the rep had no idea what I was talking about, and I said that I would only settle if the record would be erased from my credit report. He said that it would be "settled in full" and I would have to fax the record to the 3 credit bureaus and it would be taken off my credit report in 4-6 months. This sounds fishy to me? It doesn't sound like what has been talked about in this thread. Everyone else gave good information, so I'll just condense it: 1. Send them a verification letter by certified mail, return receipt. Here's a template: http://ficoforums.myfico.com/t5/General-Credit-Topics/My-first-Debt-Verification-Letter/td-p/194852 2. When you get the green card (return receipt) back, start your timer. They have 30 days to verify that they own the debt and can collect it. They cannot take any action against you during this time.. Make sure the verification you get back isn't just a printed document from notepad that says "We can collect $500 from Business Wallet" 3. If they verify properly, send them off a letter like the one antwizzle posted requesting a full deletion (PFD). Send this CMRRR as well. Actually do that for anything. 4. By this point, there's a chance they will probably have given up on you. If not, come back and post again. Edit: Don't do anything over the phone, don't give them any more information at all, and don't give them your bank account information under any circumstances. If you absolutely have to pay it right now, tell them you're sending a money order and to 
|
|
#
?
Dec 10, 2010 16:51
|
|
|
Thanks a lot to everyone that posted on my behalf. It feels good to have some ammunition now.
|
|
#
?
Dec 10, 2010 18:12
|
|
|
antwizzle posted:This line is so hilarious I'm almost tempted to call one of my junk debt buyers just so I can use it on them I told their collection agency to pound sand, and called them to settle for about 25% of the outstanding balance. If the OC hasn't sold the debt, they're going to be delighted to have 25 cents on the dollar from you, instead of 9 cents that they'd get if the collection agency brokered the same deal. Some CA's require the OC to refer you to them as part of their contract, though. The way around that is risky, but paid off for me in the past. Send a cease and desist to the CA, and a settlement offer to the OC, both CMRR. Wait to get your green cards back and call up the OC. If they try to bounce you to the CA, tell them you sent a C&D. Ask for a manager and explain what you've done, and offer to settle. If nothing else, you've got yourself a paper trail that demonstrates that you tried to work something out with the OC, which may help you in court. You know this, but more importantly, the OC does, too. Now they get to decide... sue you and hope you have 100%, settle with you for the 10% you say you have, or sell off the debt to a JDB for 2%, because any CA they send after you is going to get shut down with a C&D? CubsWoo posted:I would still attempt the PFD, even if you're unlikely to get it. If they outright refuse, counter with what you currently have. If you're excessively anal you can also ask them to have the agreement returned notarized, but I only slip that in with JDBs that are settling with me. Most (though certainly not all) collectors will talk to you as long as they think they're going to get something out of you. It's exceedingly rare that you'll find one who says "gently caress this. I'm just going to sue you." Well... it's rare to find one who says that and means it, at least. You just need to be 110% sure that your bases are covered: Did they agree that the balance would be considered paid in full? Did they agree not to continue collection, and not to sell or transfer any outstanding balance to another party? Did they say they would remove the information from your credit reports -- or that they would refuse to verify if you disputed? Do you have this all in writing on actual paper with the company's letterhead? CubsWoo posted:Also, a quick heads-up on a collection tactic that is popping back up recently: Another trick is to send you a "preapproved" card with a $1,500 limit. What's that you say? The $1479 balance you already owe? Well, we've been keeping that for you from your last card. piranhas posted:Can a collection company garnish my wages because of student loans without suing me? Otherwise, it depends on your state's laws regarding wage garnishment. mintskoal posted:2. When you get the green card (return receipt) back, start your timer. They have 30 days to verify that they own the debt and can collect it. They cannot take any action against you during this time.. Make sure the verification you get back isn't just a printed document from notepad that says "We can collect $500 from Business Wallet" Sending a DV doesn't preclude a creditor's right to sue, assuming the creditor files suit in a court of competent jurisdiction within the statute of limitations. If that weren't the case, everyone would send a DV upon receipt of a summons.
|
|
#
?
Dec 10, 2010 21:04
|
|
|
TWiNKiE posted:Sending a DV doesn't preclude a creditor's right to sue, assuming the creditor files suit in a court of competent jurisdiction within the statute of limitations. If that weren't the case, everyone would send a DV upon receipt of a summons. If they sue after they recieve the verification request, but before they verify, then yes that's a clear cut violation. It dosen't stop them from sueing you, and you can't really use it as a defense against delinquency/default judgment, but it does give you standing to countersue for the violation.
|
|
#
?
Dec 10, 2010 21:14
|
|
|
LorneReams posted:If they sue after they recieve the verification request, but before they verify, then yes that's a clear cut violation. It dosen't stop them from sueing you, and you can't really use it as a defense against delinquency/default judgment, but it does give you standing to countersue for the violation. This is what I meant. If you send off a DV letter and it pisses the CA off and they decide to throw away your DV letter and sue you instead, you have a countersuit ready to go. I put that in there because BusinessWallet seemed to be concerned about an imminent lawsuit from a pushy collector.
|
|
#
?
Dec 10, 2010 21:34
|
|
|
So just today my brother received a call from a group that claimed to need to get a hold of me. He called me and gave me their return phone number of 877-900-1327 and a "case number" of ca31295-01jp. Google tells me the number seems be a collections agency who calls and claims to be sending you to court. I called the agency, and the person answering the phones simply said "corporate office." I said I needed to get some information on a case number, and was transferred to someone else. The next person refused to give me any information at all because I would not confirm the last 4 of my SSN. She said I won't be able to find any information on the case because it isn't in the public record yet. She claimed that they are an attorney group of some sort. A few things: 1. The case number from what I can tell is not the correct format. She stated that it was filed at the Fresno county superior court, how would it not be in the public record yet? 2. The only large debt that I had in California was a credit card that went to write off long ago. From what I can tell the statute of limitations is 4 years for any debt related thing in California. The card was closed 6 years ago and I haven't done or heard anything about it since. Am I being sued? or is this just some collection agency trying to get me to admit to a old debt? What should I do next?
|
|
#
?
Dec 10, 2010 21:57
|
|
|
LorneReams posted:If they sue after they recieve the verification request, but before they verify, then yes that's a clear cut violation. It dosen't stop them from sueing you, and you can't really use it as a defense against delinquency/default judgment, but it does give you standing to countersue for the violation. There's nothing stopping CA from responding with an affidavit of debt and filing suit. Whether or not they provided adequate validation is up to the judge. So in essence, the DV covers you from the day the CA receives it, to the day they choose to respond. fargom posted:1. The case number from what I can tell is not the correct format. She stated that it was filed at the Fresno county superior court, how would it not be in the public record yet?
|
|
#
?
Dec 10, 2010 22:45
|
|
|
TWiNKiE posted:Call the court and ask. This was my initial plan, however, the lady was adamant that there would be no record of the case since it is not "public information" yet. Also the case number format does not match what the court in question uses. I strongly think that this is a debt collection agency trying to scare me by making up some mumbo jumbo about a court case.
|
|
#
?
Dec 10, 2010 22:51
|
|
|
fargom posted:This was my initial plan, however, the lady was adamant that there would be no record of the case since it is not "public information" yet. Also the case number format does not match what the court in question uses. You have absolutely nothing to lose by calling the court and asking. And who is going to know better as to whether or not something's been filed at a specific court? Some CA with an autodialer, or a clerk at that court?
|
|
#
?
Dec 10, 2010 23:25
|
|
|
This is a great thread! Using the advice posted in here I actually got one negative thing wiped off my credit report by disputing through all 3 CRA's. I already sent one DV to Northland Group out of Minnesota (capital one credit card), I have to send another to a separate collection agency next paycheck. I have two or three questions. I was given a credit card at 18 with Capital One. Capital one is listed on my credit report, however, there is Credit One Bank listed as a closed account. I don't recall ever getting a second credit card. It remained after I disputed it through the CRA's and I'm going to send them a DV. Its just throwing me that I legitimately don't know who that is and don't recall ever having a second card. I guess I'll find out if they respond to the DV with a member agreement? The actual, important question I have: I racked up about five grand in ER bills over three years. Being stupid, young and homeless, I didn't know there were charity case options where they wipe out the debt (or set it up so you don't get sent to collections and pay what you can). Last year it was on my credit report (at least one, if not all three) as being charged off to a collection agency that had a pretty bad reputation for breaking the fair credit laws. When I start the dispute process back in October, every trace of that debt had disappeared. I hadn't contacted anybody about this debt, nor had anyone contacted me. The original hospital and the collection agency are not listed on my 2010 credit report. Why would it disappear with no action from me?
|
|
#
?
Dec 11, 2010 04:26
|
|
|
This is a great thread. The backstory is that in late August, I got rear ended twice by a semi while at work. My employer sent me to the hospital to have tests, x-rays, etc. done. My employer was going to cover the costs. Everything was fine until I got a letter a week ago from a collection agency stating that I was in default of $35. It appears to be a dunning letter. After some Googling, this default was related to the hospital visit. I've never received a bill from them before. I sent a copy to the letter to my employer who states they will pay for the bill. I was reading this thread a couple days later and realized I should have told them to request a pay for delete and to get it in writing. I sent an e-mail to them right away. I didn't receive a response. I will call/e-mail again tomorrow. I also checked my credit reports and I saw nothing about this. This was a couple of days ago so nothing has been reported. My questions are this: 1) Will this get reported on my credit report? 2) If my employer ends up settling in full, what are my options? Can I dispute this if it pops up on my credit report and see what might happen? 3) Should I send a DV letter although my employer has already talked to the collection agency? 4) Is it possible to delete the report after my employer has paid the bill? 5) Was this even legal? My employer clearly did not pay the bill so they are going after the patient. I'm anticipating the worst case scenario where no communication has taken place about PFD and it will end up as a "settled in full." Any answers are appreciated. Thank you
|
|
#
?
Dec 12, 2010 19:05
|
|
|
2508084 posted:I was given a credit card at 18 with Capital One. Capital one is listed on my credit report, however, there is Credit One Bank listed as a closed account. I don't recall ever getting a second credit card. It remained after I disputed it through the CRA's and I'm going to send them a DV. Its just throwing me that I legitimately don't know who that is and don't recall ever having a second card. I guess I'll find out if they respond to the DV with a member agreement? Did the CRA's already come back with "verified"? If you're still waiting on their response, you might want to hold off on DV'ing. quote:The actual, important question I have: I racked up about five grand in ER bills over three years. Being stupid, young and homeless, I didn't know there were charity case options where they wipe out the debt (or set it up so you don't get sent to collections and pay what you can). Last year it was on my credit report (at least one, if not all three) as being charged off to a collection agency that had a pretty bad reputation for breaking the fair credit laws. The privacy provisions about third-party disclosure in HIPAA are pretty amazing, and they trump the FCRA. In a nutshell: "The CRA's are third parties, and you disclosed my medical information to them. Pay up, chucklefuck." The more your dispute looked like a boilerplate letter from credit repair forums, the more likely they are to believe that you're trying to lure them in to a trap to sue them. That's not to say that the debt's gone, but if you sent them a "prove it" letter that didn't have a full C&D, you've made their lives much more difficult. And all things being equal, if you have a total of five grand in combined bills, they may have bigger fish to fry. (e.g. People who skipped out on a bill for surgery.) The Experiment posted:1) Will this get reported on my credit report? 2) If it isn't on your reports, I'd leave it alone. Otherwise, get a letter from your employer that says the debt is paid and wasn't your responsibility to send the the CRA and CA. If all else fails, threaten to sue (or actually sue) the CA for violating HIPAA. 3) If they sent you a letter, I would. If you can get your employer to write up a letter explaining the situation, include it as an attachement to the DV. For $35 that's been paid, I seriously doubt they're going to put up any fight. 4) Yes. It's possible to delete if your employer hasn't paid the bill, too.  5) More likely than not, when you were at the hospital, you signed something that said you'd be responsible for any charges not covered by insurance / someone else. Exceptions being in cases where you arrived completely incapacitated and signed nothing, or went to a hospital with the dumbest administrative staff in the country.
|
|
#
?
Dec 12, 2010 20:22
|
|
|
Thank you. I probably did sign something about paying if my employer doesn't. I'll mail a DV letter. I'll then wait and check my credit periodically and if it isn't posted three months after payment was made, I'll assume that they never will report it to the agencies.
|
|
#
?
Dec 12, 2010 20:42
|
|
|
TWiNKiE posted:Credit One is a subsidiary of Sherman Financial, one of the sleaziest CA's around. (Seriously, even people who think that all CA's are inherently sleazy have a special hate for Sherman.) Yes, they did. Experian for example, posted "The results are: The date closed has been updated. Equifax has verified that the last payment date is reporting correctly. This creditor/agency has verified to Equifax that the date of last activity is being reported correctly. Additional information has been provided from the original source regarding this item." All verifications from the 3 agencies were finished in November. The DV for capital one went to Northland Group, the next DV for this Credit One Bank account is going to go to "Security Credit Services", I assume. I only have 2 negative accounts and Northland sent me a collections letter about the Capital One account. Am I correct in assuming Security Credit is holding my Credit One Bank collections? I've never received any kind of mail about this account, being sent to collections, or anything from a collections agency either. I know nothing about this stuff.  quote:You took action by disputing.
|
|
#
?
Dec 12, 2010 23:19
|
|
|
The Experiment posted:This is a great thread. I think you are overthinking this one. The hospital had a counter from the day you were treated and when the they hadn't been paid after day 45 or day 60 or whatever day they use, it went to their collection agency. What you probably don't understand is that the hospital sends everyone to collections at that mark and it isn't necessarily a negative thing, it's just how the hospital does business. At this point, it hasn't hit your credit and it probably won't for awhile. At least, it won't unless you ignore it. Also, it's $35. Even if it had hit your credit, how much do you think it would cost to pay for deletion? I would call them tomorrow and pay it and then try to collect from your employer.
|
|
#
?
Dec 12, 2010 23:42
|
|
|
So I sent out my first DV letter. Low and behold the company called me before I received the information. I noted the date and time of the call and also have a record of it on my phone. What is my next step? Send them a intent to sue and ask that they settle? Are there any form letters I could use that any of you would recommend or should I just google Intent to Sue and see what I find? From what I understand after readin this thread I just made $1,000. Is this even close to true?
|
|
#
?
Dec 14, 2010 20:05
|
|
|
Cloud City Computer posted:So I sent out my first DV letter. Low and behold the company called me before I received the information. I noted the date and time of the call and also have a record of it on my phone. Even if they did and you can, you don't send an ITS unless you're actually prepared to sue.
|
|
#
?
Dec 14, 2010 20:56
|
|
|
TWiNKiE posted:Did they receive your letter? If so, can you prove it? I faxed it in and have my fax confirmation. I also called them and they verified that they indeed recieved it. I also got my reply back from them today in the mail so it's assured they got it. After reading through the FDCPA they also have other infractions. Here's my letter... ***** To Whom It May Concern, This letter is to inform your offices of my right and intent to litigate based on the following infractions made by your company… § 806. Harassment or abuse (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. (6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller’s identity. I was called several times per day by an autodialer and when I could answer (I was at work for most of the calls and unable to hold for the person calling) I was given no information as to who was calling. (It was only through Google I was able to find out it was you) Phone records will prove the amount of repeated calls. § 807. False or misleading representations (11) The failure to disclose in the initial written communi¬cation with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempt¬ing to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. When speaking to your company’s associates I was never given ANY information about who was calling. In fact it was refused unless I first verified my personal information. (I had already verified my first and last name) Why would I give a stranger on the phone my personal information if they won’t first telling me who they are and where they are from? § 809. Validation of debts (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 con¬sumer requests the name and address of the original credi-tor, 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. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the con¬sumer requests the name and address of the original credi¬tor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor. I sent my Debt Validation letter on 12/09/2010 (Confirmed through fax and a phone call to ensure it was received by Marlena) and without receiving the requested paperwork I was called and harassed on the phone at 5:17 PM CST on 12/13/2010. I went through the prompts to reach a live person only to have that person toy with me by refusing to talk. § 813. Civil liability (a) Except as otherwise provided by this section, any debt col¬lector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of— (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000 ***** This is where I don't know where to go. Should I tell them the amount I intend to sue for and hope for a settlement? Do I even have a case?
|
|
#
?
Dec 14, 2010 21:09
|
|
|
Cloud City Computer posted:I faxed it in and have my fax confirmation. I also called them and they verified that they indeed recieved it. I also got my reply back from them today in the mail so it's assured they got it. And is your objective to beat money out of them, or just make them go away and get off of your report?
|
|
#
?
Dec 14, 2010 21:21
|
|
|
TWiNKiE posted:What did they reply back with? Did they even try to validate? They sent me a copy of some sort of medical billing statement and I can make no sense of it. But for all intents and purposes it looks like it's validated. I want to hammer them for money at this point. I've been harrassed by these guys for some time (and many others). It would give me a sense of justice to get these guys for everything I'm legally obligated to get.
|
|
#
?
Dec 14, 2010 21:27
|
|
|
Cloud City Computer posted:They sent me a copy of some sort of medical billing statement and I can make no sense of it. But for all intents and purposes it looks like it's validated. Give them a few more weeks to tally up violations. Outside of hiring an actual lawyer (who probably won't take a case like this without good money up front) your goal is much like theirs when it comes to legal action - attempt to settle. Most of the time your letter will be ignored, but it sets up a paper trail if you do file a lawsuit. The first thing you should do is prepare your Complaint for court. You probably won't be going to court, but it's good to have the Complaint available (search Google for samples, or ask on credit repair-centric boards.) Attach the complaint to your ITS letter with the following: quote:Enclosed is a copy of the Complaint I will be filing 45 days after the receipt of this letter in the absence of a reasonable settlement, including but not limited to: Send it off CMRRR and wait 45 days from the time you get the green slip back. Be ready to sue if they don't respond.
|
|
#
?
Dec 14, 2010 22:29
|
|
|
CubsWoo posted:Be ready to sue if they don't respond. Thanks for the reponse. From the other credit repair boards I've been reading it seems like this is what the warning is as if it's going to be a bad thing that I actually sue. You've been successful in deealing with these things. Should I even bother?
|
|
#
?
Dec 14, 2010 23:36
|
|
|
CubsWoo posted:Give them a few more weeks to tally up violations. Outside of hiring an actual lawyer (who probably won't take a case like this without good money up front) your goal is much like theirs when it comes to legal action - attempt to settle. Most of the time your letter will be ignored, but it sets up a paper trail if you do file a lawsuit. The first thing you should do is prepare your Complaint for court. You probably won't be going to court, but it's good to have the Complaint available (search Google for samples, or ask on credit repair-centric boards.) Attach the complaint to your ITS letter with the following: Validation was asked for, and it was received. Everything else is rather subjective. They called a couple of days after getting the DV letter -- maybe they sent the validation quickly enough that they assumed it had arrived? Maybe it hadn't been processed yet. They called several times -- but you have to prove that they were calling several times exclusively for the purpose of harassment, and had no legitimate reason for calling. (It's one thing to have them call, tell them to stop, and then show that they called every half hour after that. It's quite another to have never answered the phone.) All but the most pro-consumer state judges would probably look at this and say "So?". It's not like showing up to countersue a JDB on a zombie debt. Short of luring them in to a trap that produces airtight evidence, there's not much wiggle room here beyond invoking HIPAA to get it off the reports, and hoping they do something major in the meantime. Cloud City Computer posted:From the other credit repair boards I've been reading it seems like this is what the warning is as if it's going to be a bad thing that I actually sue. We've already established that they probably have the documentation they'd need to be successful. TWiNKiE fucked around with this message at 23:45 on Dec 14, 2010 |
|
#
?
Dec 14, 2010 23:43
|
|
|
Cloud City Computer posted:Thanks for the reponse. From the other credit repair boards I've been reading it seems like this is what the warning is as if it's going to be a bad thing that I actually sue. There's no reason to send an Intent to Sue if you don't actually intend to sue. They'll toss it in the trash much the same way a debtor tosses the dunning letter in the trash, and if nothing comes of it, it meant nothing. TWiNKiE is right in that this really isn't (at this point, there's always the possibility they become harassing or otherwise lawsuit-friendly) the kind of case where you're going to get them to cut you a check. Try to make sense of the billing statement. Is this an outside company collecting? Can they provide you with a chain of custody (a bill of sale showing they bought the debt, things of that nature?) Does the statement match what they're attempting to collect? If not, why not? You have the right to request a full, fair accounting of the debt so they can show you why you owe what you owe, and what fees/interest/etc they're trying to collect - and you can then square that with the laws of your state and see if they're playing by the rules or not. Never jump to a lawsuit. If you go in unprepared, you're going to get laughed out of court, likely be out the money it cost to file, and have a newly zealous collector trying to squeeze more from you (since you could pay to file a suit, you've likely got money they can grab!)
|
|
#
?
Dec 15, 2010 00:36
|
|
|
A couple of years ago I racked up some huge credit card debt in addition to that I had taken out a personal loan to help move from state to state. After missing some payments the interest rate skyrocketed and I couldn't afford to pay any of it down so I simply stopped paying. For the last 2 years I've dodged collection agencies and ignored anything I got in the mail. This was probably a huge mistake. Today when I went into my bank account and found that it was frozen. It looks like there's a hold on the account by a court officer possibly to set up a garnishing of my wages. I'm not sure what to do now. Right now I can't access any of my money in my account but I'm assuming this is only temporary until I talk to the court officer and set up some sort of payment plan. Is my only option declaring bankruptcy or start paying them back? This is in New Jersey.
|
|
#
?
Dec 15, 2010 23:08
|
|
|
Thanks, Twinkie and CubsWoo. I'm going to see what happens for awhile. I guess I was so fired up after reading this thread that I was rearing to go!
|
|
#
?
Dec 15, 2010 23:29
|
|
|
5k worth of medical debt disappeared off my credit report without me disputing it. The original hospital and the collection agency who obtained it are completely gone from all three reports. Its been a couple days so I don't know if its been overlooked. I just want to know why? I didn't send anyone a DV about it and I didn't get a chance to dispute it through the CRA's websites, it just disappeared. 
|
|
#
?
Dec 15, 2010 23:41
|
|
|
2508084 posted:5k worth of medical debt disappeared off my credit report without me disputing it. The original hospital and the collection agency who obtained it are completely gone from all three reports. Its been a couple days so I don't know if its been overlooked. How old was it?
|
|
#
?
Dec 15, 2010 23:53
|
|
|
Rusty Shackelford posted:How old was it? My first ER admission couldn't have been before 2005, maybe 2006 (because I didn't live in said state before 2005), so it would have been only six years maximum. Doesn't it take seven to drop off on its own? I forgot I had a creditkarma account. In January of this year my score was 520 on CK, as of today is 571  I know thats still a terrible, horrible score, but its something and it makes me feel good.
|
|
#
?
Dec 16, 2010 01:10
|
|
|
antisocial posted:For the last 2 years I've dodged collection agencies and ignored anything I got in the mail. This was probably a huge mistake. Today when I went into my bank account and found that it was frozen. It looks like there's a hold on the account by a court officer possibly to set up a garnishing of my wages. I'm not sure what to do now. From now on, I'd probably stop saying that you ignore the mail, because that's going to make it difficult to claim that you were improperly served. (I doubt they're going to check this thread to build a case against you, though.) Presumably, the bank told you what court froze the account. So, you need to contact the court and find out why. Who sued you, and when. There are different approaches you can take, but you won't know what they are until you know what you're up against. And if you have direct deposit, now would probably be a good time to change it. 2508084 posted:5k worth of medical debt disappeared off my credit report without me disputing it. The original hospital and the collection agency who obtained it are completely gone from all three reports. Its been a couple days so I don't know if its been overlooked. If the hospital sold the debt to a JDB, they probably want to distance themselves from it. Same goes for their CA. Given the intricacies of HIPAA, it's a wise move for when a JDB down the line inevitably violates something. They're harder to find when you say "gently caress it. I'm suing everyone who ever touched this, and the judge can decide who pays me."
|
|
#
?
Dec 16, 2010 18:04
|
|
|
TWiNKiE posted:It sounds like one of the things in the mail you ignored was a summons, and someone managed to get a default judgement against you. I found out from the court officer that the levy was from a law office and they only gave me a number to contact them and the amount I owe for a credit card. What are my options here? Obviously I need to call the lawyer, but is there any way I can have my account unfrozen?
|
|
#
?
Dec 16, 2010 19:34
|
|
|
TWiNKiE posted:Could be that the debt is moving. I have no idea what "the debt is moving" means?  Sorry. Depending on what that phrase means, it looks like they just scrapped the debt and removed it from my report because their CA is crooked as crooked gets to avoid a (possible) huge lawsuit? They can't delete everything off my report, sell it to someone else, then put it all back, can they? There needs to be a smiley that combines and because thats how all this makes me feel.
|
|
#
?
Dec 16, 2010 19:40
|
|
|
antisocial posted:I found out from the court officer that the levy was from a law office and they only gave me a number to contact them and the amount I owe for a credit card. You can file a motion to vacate on grounds that you were never served, but having that file would go a long way to proving that you were never served. I'm not an expert on liens by any stretch of the imagination, so CubsWoo may have more insight than I do. 2508084 posted:I have no idea what "the debt is moving" means? Debt is property. Similar to a mortgage, the debt a person owes can usually be assigned (read: sold) to someone else. An original creditor (OC) will often keep the account for as long as they think you'll pay. They can send a collection agency (CA) after you, and the CA collects a fee or percentage of what's recovered. But failing this, an OC will usually sell the account to a CA for a fraction of the value. Lots of people assume that the buyer is a junk debt buyer (JDB), but this isn't always the case. If the debt isn't beyond your state's statute of limitations (SOL), it isn't junk. Though in actions, JDB's and CA's don't act much differently once the debt has left the OC. In terms of rights under the Fair Debt Collection Practices Act (FDCPA), you can tell a CA to cease and desist (C&D) and the OC has to decide what to do with the debt. The CA has a legal obligation to tell the OC that you dispute the account. The OC has no obligation to tell another CA, if they choose to continue pursuing the account. If the CA transfers the account to another CA, they are required to inform the new CA, and the new CA is bound by whatever the outcome of your first DV was (assuming you sent one). I'm going somewhere with this... So, let's say the OC is going to sell your account to a CA or JDB. They can remove the tradeline from your reports, and the assignee can add it. By removing the tradeline, the (presumably more accurate) information is gone, unless you kept a copy somewhere. So if the new CA says the account was opened this month on your credit report, you'd have a harder time proving that it wasn't. This impacts you in two major ways: 1) It looks like a new collection account, even if the account has been delinquent for years. This impacts your credit score with more weight than a three year-old debt. 2) When you go to dispute the account on your reports when they reach 7 years from the date of first delinquency (DOFD) or date of last action (DOLA), the credit reporting agencies (CRA's) may reference the date that the new CA lists. One of the intricacies of the Fair Credit Reporting Act (FCRA) is that a tradeline removed by your dispute can't be reinserted. So, let's say you successfully dispute the account listed by a CA today, and they sell it tomorrow. The new CA can't (legally) add the tradeline back to your report. But if the first CA removed the tradeline without you having disputed it, there's nothing that precludes the new CA from putting it on as a debt you owe to them, as long as they're reporting it properly (e.g. not as an open credit card that's 180 days past due, if the debt was really for a medical bill that's been in collections for years). By having removed the tradelines, the OC and their CA have both removed themselves from any dispute equation that might come up in the future. You won't be able to rope them in to a dispute by saying the new CA's date or amount is wrong, or accuse them of violating the third-party disclosure provisions of HIPAA, etc. Crystal clear now, isn't it? 
|
|
#
?
Dec 16, 2010 23:53
|
|
|
|
| # ? May 10, 2024 00:00 |
|
|
TWiNKiE posted: quote:Crystal clear now, isn't it? I understood et al., ASAP, PDQ LOL  No, seriously, thank you for spelling it out. That does make a fraction more sense. So, I'll just keep an eye out for it to re-appear anytime in the future and take care of it then, unless theres something pre-emptive I can do. Would calling the hospital (it was all at one hospital) do anything at all? I wouldn't think it would, but it doesn't hurt to ask someone who knows way more than I do. The second DV is going out tomorrow! It is okay to send an "unsolicited" DV, right? This CA hasn't contacted me at all about the debt (Credit one bank, the account I honestly don't remember having, but they verified to the CRA when I disputed it there so I guess I did have it.). I have the account number and their address from the credit report when the CRA's updated them all.
|
|
#
?
Dec 17, 2010 05:31
|
|
