|
LorneReams posted:These are the goddamn worst. I've sued more gyms then EVERYTHING else combined. It's usually the only way Well, I'm sending off the debt validation letter, and their argument is that the 12-month fixed term contract isn't really a fixed term contract, apparently.
|
#
?
Mar 16, 2011 06:02
|
|
|
|
| # ? May 12, 2024 02:36 |
|
|
some texas redneck posted:They haven't taken money yet - but they have denied me access to the funds that are currently in my Paypal account (significantly more than what they claim I owe). quote:It looks exactly like a normal credit card statement. They're still adding interest as well, though I'm not able to login to the account online anymore. They emailed me yesterday with "Today, we’re notifying you that your account is scheduled to be sold to another company in approximately the next 45 to 105 days" and to call them if I'd like to work out my debt. quote:Also, the Texas Debt Collection Practices Act treats OC and third party collectors the same. A C&D would work, in fact I sent them one a few years ago telling them to only contact me via mail, and they haven't called me since. What's odder about the Capital One statement showing up though - it had my old address (in a different city), and there was no yellow "Forwarding" sticker that the post office usually sticks on. And my forwarding request with USPS should have expired by now.
|
|
#
?
Mar 16, 2011 07:54
|
|
|
TWiNKiE posted:If you're 110% positive that this is beyond the SOL, let 'em sell the debt to a JDB, and tell the JDB to gently caress off and die when they send you a dunning letter. So, if you live in e.g. Texas, where the SOL is 4 years and you're very unlikely to get sued for amounts < $1,000 (no wage garnishment for most consumer debt), they can continue to ruin your credit for 3 more years even though they can do gently caress all about actually collecting the money. And from what I understand they will be glad to respond to CRA disputes, or re-sell the debt, thus restarting the 7 year clock, since without the option of getting an enforceable judgment, those are the only tools for getting money off that post-SOL account. So even though I would love to send a "gently caress off and die" letter to ever single collections agency in the universe, wouldn't it be better to start with a DV followed by (if validated) PFD assuming you're < 7 years? Knowing that they're lucky to get 20 bucks on your completely-uncollectible-unless-your-rear end-moves-out-of Texas 1000$ account they should be likely to take it. Otherwise it might be 3 more years of USPSCMRR wars. In conclusion, God bless the Great State of Texas, and God bless the FDCPA.
|
|
#
?
Mar 16, 2011 08:24
|
|
|
seacat posted:Speaking of, just because a debt is beyond the SOL for a state doesn't mean that it can't be reported on your credit report, as negative items only drop off after seven years... right? quote:So, if you live in e.g. Texas, where the SOL is 4 years and you're very unlikely to get sued for amounts < $1,000 (no wage garnishment for most consumer debt), they can continue to ruin your credit for 3 more years even though they can do gently caress all about actually collecting the money. quote:And from what I understand they will be glad to respond to CRA disputes, or re-sell the debt, thus restarting the 7 year clock, since without the option of getting an enforceable judgment, those are the only tools for getting money off that post-SOL account. They can respond to the CRA, but as the consumer, you have the right to go back to the CRA and ask how the CA validated. If you're willing to go the distance, it's not as slanted against you as you might think. The OC (or CA) can sell or reassign the debt, but whoever takes it on has to play by the rules, too. This does not restart the clock. The new assignee is potentially violating the FCDPA and FCRA if they try to extend the date. quote:So even though I would love to send a "gently caress off and die" letter to ever single collections agency in the universe, wouldn't it be better to start with a DV followed by (if validated) PFD assuming you're < 7 years? Knowing that they're lucky to get 20 bucks on your completely-uncollectible-unless-your-rear end-moves-out-of Texas 1000$ account they should be likely to take it. Otherwise it might be 3 more years of USPSCMRR wars. Assuming the tolling laws in Texas are similar to Michigan (you have to explicitly affirm the debt in writing), a PFD might work with the JDB. Cap 1 isn't very likely to play ball on a PFD. quote:In conclusion, God bless the Great State of Texas, and God bless the FDCPA.
|
|
#
?
Mar 16, 2011 08:44
|
|
|
If you get a letter from a loan company due to lack of credit, can you ask them for a copy of your credit report and or credit score? I think I remember something like this, but I can't remember what all you could actually ask for.
|
|
#
?
Mar 16, 2011 20:37
|
|
|
seacat posted:In conclusion, God bless the Great State of Texas, and God bless the FDCPA. This actually sparks a question for me. Is pro-consumer legislation about debt collection traditionally favored the Democrats or Republicans? I've never really bothered to check and while I'd assume that it's a progressive idea since Republicans are generally pro-business/industry and I've seen some legislation floated by Democrats, I never really looked into it.
|
|
#
?
Mar 16, 2011 21:20
|
|
|
uapyro posted:If you get a letter from a loan company due to lack of credit, can you ask them for a copy of your credit report and or credit score? I think I remember something like this, but I can't remember what all you could actually ask for. I want to say they have to provide the reason if denying you, I don't think they have to provide a credit report/score.
|
|
#
?
Mar 16, 2011 21:35
|
|
|
Knightmare posted:I want to say they have to provide the reason if denying you, I don't think they have to provide a credit report/score. If you're denied credit, that's a valid excuse to get a credit report for free.
|
|
#
?
Mar 16, 2011 23:08
|
|
|
SWATJester posted:This actually sparks a question for me. Is pro-consumer legislation about debt collection traditionally favored the Democrats or Republicans? I've never really bothered to check and while I'd assume that it's a progressive idea since Republicans are generally pro-business/industry and I've seen some legislation floated by Democrats, I never really looked into it. Both parties are pro who ever is paying them, which means consumers tend to get hosed no matter what. Luckily, creditors are stupid and tend to gently caress over TPTB family and cousins and poo poo, so angry "working" class people push for concessions every now and then (i.e FCRA, FDCPA, FACT, etc.). However TPTB are never one to take it on the chin as shown in the last BK revisions.
|
|
#
?
Mar 17, 2011 00:46
|
|
|
uapyro posted:If you get a letter from a loan company due to lack of credit, can you ask them for a copy of your credit report and or credit score? I think I remember something like this, but I can't remember what all you could actually ask for. 1) The reason(s) why the action was taken. 2) Where the information was obtained from. 3) That you have a right to receive a copy of the report obtained, at no cost to you. 4) How to contact the information furnisher.
|
|
#
?
Mar 17, 2011 04:14
|
|
|
I read through the thread, so I apologize if I missed this. I have an old debt from Chase to the tune of about 4 grand. I am in Texas, but it has not been four years. Recently, a law firm has contacted me saying they are dealing with the payments for the debt collection agency that hired them. Not a law suit(yet), so I asked if there was any way for me to talk to the debt collection agency that hired them, and they said no, all correspondence goes through them. I am now at a more stable point in my life to possibly afford to pay my debt down. I talked to the law firm and asked for a letter confirming the debt, so I will be getting that soon. How exactly do I deal or negotiate with the collection agency? The law firm doesn't have the authority to do pay to delete and the lady I talked to said it wouldn't make a difference to talk to the collection agency, since they would just refer me right back to the law firm. The collection agency never sent me a confirmation of my debt and called several times a day from an unknown number and several times when I would answer, I would hear nothing. They never left a voice mail either. I guess what I am asking is what are my options here as far as dealing with this, now that I am actually able to deal with it. Especially since there is no law suit, but I am having to only deal with the law firm. Again, I apologize if this information has been covered.
|
|
#
?
Mar 20, 2011 10:09
|
|
|
Don't take their word for it that they are sending you a debt validation letter. It doesn't count less you send them a letter requesting one, and have a tracking number of that letter so you know it arrived. If its not in writing with proof that it was sent, it doesn't count.
|
|
#
?
Mar 20, 2011 13:52
|
|
|
Boofchicken posted:I read through the thread, so I apologize if I missed this. I have an old debt from Chase to the tune of about 4 grand. I am in Texas, but it has not been four years. Recently, a law firm has contacted me saying they are dealing with the payments for the debt collection agency that hired them. Not a law suit(yet), so I asked if there was any way for me to talk to the debt collection agency that hired them, and they said no, all correspondence goes through them. I am now at a more stable point in my life to possibly afford to pay my debt down. I talked to the law firm and asked for a letter confirming the debt, so I will be getting that soon. Are you sure it's an actual law firm? A lot of collections agencies have law-firm-like names "J.C. Christensen & Associates" and others blab a lot of about their legal department (oooooohhhhh, scary) when they may or may not have an attorney on board, to try to scare you into paying. Whatever you do, don't just cut them a check for 4 grand. If it is indeed a bona fide law firm and they have all their ducks in a row and can validate the debt they may sue you. But as has been pointed out recently itt, in Texas even if they sue, win, and get a judgment, it will be very difficult for them to enforce (no wage garnishment). Now you do NOT want a judgment, even an unenforceable one, on your record. But it may make the CA more open to settlements, preferably a PFD, knowing that they have to waste billable hours dragging your rear end into court and even if they win, aren't likely to get any money. If a collections agency owns that debt they probably paid cents on the dollar for it and even settling for $1K would still be a profit for them.
|
|
#
?
Mar 20, 2011 19:31
|
|
|
Thanks, yes they said they were the law firm and not the collection agency. I asked them to confirm they have the debt, but now I will be sure to write back instead of talking on the phone, asking for validation before things go further. I will make sure it is an actual law firm too once I get the letter. I am also staying on top of things and trying my best to make sure a judgment does not happen. I said come in! posted:Don't take their word for it that they are sending you a debt validation letter. It doesn't count less you send them a letter requesting one, and have a tracking number of that letter so you know it arrived. If its not in writing with proof that it was sent, it doesn't count. I will do this too, once I get the letter, just to be on the safe side. It can't hurt. When I talked to them on the phone, I told them to hold off on me until mid April, so I should have some time before they start bothering me about it again, or so I hope.
|
|
#
?
Mar 20, 2011 20:14
|
|
|
Which letter are you talking about? Send your request for validation letter ASAP. This needed to be done yesterday. Correct me if I am wrong but I believe you only have 30 days to do it once you get the letter in the mail that says you owe $4000. Otherwise your debt is deemed valid and it gets very complicated for you from there. You cannot say in court "I told the law firm over the phone to send me the validation letter and they said they would". The law firm is not going to be honest and you won't have any proof that the conversation took place. This is why everything has to be done by mail.
|
|
#
?
Mar 20, 2011 21:11
|
|
|
Sorry, the letter that they said they would send at first, before I knew to write in for the verification of debt. The collection agency never sent me a letter in the mail stating that I owe the money, just numerous calls. But yes, I am going to do that first thing tomorrow. I'll have to call back and get their address, but beyond that I won't be dealing with them over the phone.
|
|
#
?
Mar 21, 2011 04:43
|
|
|
With a debt validation letter, is regular mail sufficient, or is registered mail necessary?
|
|
#
?
Mar 21, 2011 04:49
|
|
|
Registered mail is necessary, otherwise they can just throw the letter away and claim you never sent anything at all. Boofchicken, don't take this as 100% fact but i'm pretty sure the collection agency cannot collect on the debt they claim you owe until they send you something in the mail.
|
|
#
?
Mar 21, 2011 04:57
|
|
|
I said come in! posted:Which letter are you talking about? Send your request for validation letter ASAP. This needed to be done yesterday. Correct me if I am wrong but I believe you only have 30 days to do it once you get the letter in the mail that says you owe $4000. Otherwise your debt is deemed valid and it gets very complicated for you from there. It's my understanding from reading this thread that requesting verification, etc 30 days after the first letter means they have to verify in 30 days. If you don't, then they can take as long as they want to verify, but they can't contact you until they do. Is that right?
|
|
#
?
Mar 21, 2011 07:21
|
|
|
duz posted:It's my understanding from reading this thread that requesting verification, etc 30 days after the first letter means they have to verify in 30 days. If you don't, then they can take as long as they want to verify, but they can't contact you until they do. Is that right? How I understood it was that you have to send that verification letter within 30 days of getting your letter from the CA that claims you owe them money. If you do it after 30 days then its a waste of time because the law considers your debt valid at that point. They will also still contact you by phone unless you specifically tell them by letter to stop. Yeah they might listen to you by phone, if you tell them not to contact you, but from what i've read online you should never assume a collector is going to be honest. Their entire business model is based on walking a fine line with the law and hoping the people they are trying to scare don't know their rights. I still haven't gotten my verification letter in the mail yet. Still hoping it doesn't come but they have until April 7th to get it to me.
|
|
#
?
Mar 21, 2011 14:43
|
|
|
Boofchicken posted:Sorry, the letter that they said they would send at first, before I knew to write in for the verification of debt. The collection agency never sent me a letter in the mail stating that I owe the money, just numerous calls. If a CA (collections agency) OWNS your debt (ie Chase has written it off and wants nothing to do with you), they should send you what's called a dunning letter. It is usually very concise and says "You owe us X! Pay up, fucker!" and does not usually contain any info about where they got the account. As soon as you get this letter, send them a CMRR request for validation and save that green card. From the point they receive it, they have 30 days to provide full validation of the debt (basically a chain of custody of the debt, and how they came to the number they claim you owe, incl. any added fees). If they do not do so within 30 days they lose a bunch of their rights -- I am a credit repair noob still so maybe TWiNKiE can provide some details on what to do next. They may also send you some random crappy looky xeroxes of various spreadsheets and poo poo. This is not a full validation. For more info see http://creditreportscrub.blogspot.com/2008/07/debt-validation-why-you-should-do-it.html .. Actually I would read his entire blog, it is very useful. I've had a few old utility bills (100-300$ range) go unvalidated and disputed them with the CRAs successfully, citing that the CA failed to validate -- they are no longer listed as colletions items on my credit report which provided a big boost to my score (which is still in the toilet). They will probably validate on a 4K debt, but who knows. If the CA is calling you, perhaps they don't have your address, or perhaps they don't legally own the debt and are collecting on behalf of Chase. This does happen, and if the agency gets $$$ out of it they get a cut, the rest goes to the OC (original creditor). This is happening to me with a Wells Fargo account - some CA is harrassing me trying to get me to pay up, but they haven't sent me a dunning letter. I am going to probably hit them with a DV anyway, but I'm not sure what to do. If anything in this post is incorrect please correct me, but that is how it goes to the best of my knowledge (also, IANAL and this is not legal advice).
|
|
#
?
Mar 21, 2011 19:12
|
|
|
I said come in! posted:Which letter are you talking about? Send your request for validation letter ASAP. This needed to be done yesterday. Correct me if I am wrong but I believe you only have 30 days to do it once you get the letter in the mail that says you owe $4000. Otherwise your debt is deemed valid and it gets very complicated for you from there. You can ask for validation whenever you want to. And, not disputing / asking for validation isn't the same as admitting that you owe the debt (assuming you come to court and deny that you owe the debt if you're sued). You certainly can recount a conversation you had on the phone in court. People do that all the time, and in cases far more serious than whether or not you're trying to stick your bank with a balance. It's not as good as having something in writing, though. On the other hand, if you're trying to rack up violations, you basically need to make sure you've followed the process to the letter, and have everything documented. Baruch Obamawitz posted:With a debt validation letter, is regular mail sufficient, or is registered mail necessary? Here's how I prioritized it: *Toying with a JDB on something they can't collect on anyway - regular mail. *Follow-up letters to a company's registered agent or DV letters after 30 days - certified mail. *DV letters within 30 days, or any letter to someone I might sue - certified mail w/ return receipt. I said come in! posted:How I understood it was that you have to send that verification letter within 30 days of getting your letter from the CA that claims you owe them money. If you do it after 30 days then its a waste of time because the law considers your debt valid at that point. It's in the law itself. 15 USC 1692g § 809(c) quote:The failure of a consumer to dispute the validity of a debt quote:They will also still contact you by phone unless you specifically tell them by letter to stop. Yeah they might listen to you by phone, if you tell them not to contact you, but from what i've read online you should never assume a collector is going to be honest. Their entire business model is based on walking a fine line with the law and hoping the people they are trying to scare don't know their rights. A collector is required to cease collection activities when notified of a dispute. In fact, the FTC believes that so much as updating a negative credit report with something other than your dispute is a violation. seacat posted:If a CA (collections agency) OWNS your debt (ie Chase has written it off and wants nothing to do with you), they should send you what's called a dunning letter. It is usually very concise and says "You owe us X! Pay up, fucker!" and does not usually contain any info about where they got the account. It's pretty rare that they say much more than that. quote:As soon as you get this letter, send them a CMRR request for validation and save that green card. From the point they receive it, they have 30 days to provide full validation of the debt (basically a chain of custody of the debt, and how they came to the number they claim you owe, incl. any added fees). If they do not do so within 30 days they lose a bunch of their rights. They don't necessarily have to show a full chain of custody, but they do have to give a proper accounting of the debt. Responding in more than 30 days (or not responding at all) doesn't waive rights per se. If they don't respond in 30 days and you dispute negatives with the CA, it makes things more interesting. But, it doesn't change whether or not they can collect the debt. quote:-- I am a credit repair noob still so maybe TWiNKiE can provide some details on what to do next. They may also send you some random crappy looky xeroxes of various spreadsheets and poo poo. This is not a full validation. For more info see http://creditreportscrub.blogspot.com/2008/07/debt-validation-why-you-should-do-it.html .. Actually I would read his entire blog, it is very useful. I had one company send me photocopies of every account statement I had with a credit card company, and each page was initialed by someone. I've had another send me a letter that basically said "We called the OC, and they said you owe it.", and then came back with an "invoice" on their own letterhead that said "PAST DUE" when I told them that wasn't good enough. There's not a legal standard for what they have to send, as far as the FDCPA goes. That's part of why they might send you something meaningless, and that's why you can say "no, this isn't good enough". Your state may have specific laws about what they have to send. A good rule of thumb is if they've sent you photocopies of old statements that can explain why they say you owe what they're demanding, they've validated. quote:I've had a few old utility bills (100-300$ range) go unvalidated and disputed them with the CRAs successfully, citing that the CA failed to validate -- they are no longer listed as colletions items on my credit report which provided a big boost to my score (which is still in the toilet). quote:They will probably validate on a 4K debt, but who knows. quote:If the CA is calling you, perhaps they don't have your address, or perhaps they don't legally own the debt and are collecting on behalf of Chase. This does happen, and if the agency gets $$$ out of it they get a cut, the rest goes to the OC (original creditor). This is happening to me with a Wells Fargo account - some CA is harrassing me trying to get me to pay up, but they haven't sent me a dunning letter. I am going to probably hit them with a DV anyway, but I'm not sure what to do. Dear Scumbag, I don't know why you're calling me, but someone from your company says it's for an alleged debt to Wells Fargo. I'm not aware of an outstanding debt, and have received no statement or other information pursuant to my rights under 15 USC 1692g § 809(a) from your company regarding this matter. If you are attempting to collect a debt, you should be aware that I dispute its validity, and demand validation. It is generally inconvenient for me to discuss this matter on the telephone, and my employer does not allow me to receive personal calls while at work. All correspondance should be directed to the address you have on file (or a different address / PO Box, if you want). gently caress you, Seacat 15 USC 1692g § 809(a), in case you're interested: quote:§ 809. Validation of debts TWiNKiE fucked around with this message at 21:20 on Mar 21, 2011 |
|
#
?
Mar 21, 2011 21:16
|
|
|
Oops, thanks for the corrections.
|
|
#
?
Mar 21, 2011 21:39
|
|
|
So they called me again. I simply asked for the mailing address so I could send a debt verification letter. I also googled the phone number that called me and it seems to be a collection agency masquerading as a law firm. Regardless, I am mailing out the letter asking for verification of debt, etc. Once all that comes back and it turns out they do own the debt, I am going negotiate with them a price for pay for delete. I want to get this off my record and I should have enough from my tax return to take care of this. They still never sent me anything regarding this, but they seemed to have my address on hand, so not sure what the deal is.
|
|
#
?
Mar 22, 2011 00:07
|
|
|
Does anyone know anything with regards to the laws in the UK? I got my self into a bit of a mess when i was younger (not all my own fault) with credit cards and have never made payments. I regularly get letters telling me if i dont clear them soon i will face court action and/or baliffs turning up at my house to collect my personal items. I dont actually think they will go through with any of this as ive been getting the same letters now for about 3 years but the companys they are coming from keep seeming to change.
|
|
#
?
Mar 23, 2011 00:43
|
|
|
I had a fraudulent purchase on my credit card probably a year ago ($40 on some webcam site) called my credit card provider (Chase) they closed the card, had me complete some paperwork, I mailed it back and eventually my card was credited and they advised me that the case had been closed. Just this week I received a collection notice from some collection company trying to collect on that same money. I plan on sending them the debt validation notice. Is there anything else to be wary of or that I should send in addition? I should probably state that I am in Ohio.
|
|
#
?
Mar 28, 2011 04:19
|
|
|
ifuckedjesus posted:I had a fraudulent purchase on my credit card probably a year ago ($40 on some webcam site) called my credit card provider (Chase) they closed the card, had me complete some paperwork, I mailed it back and eventually my card was credited and they advised me that the case had been closed. Speaking from personal experience, Chase is extremely helpful in things like this, as long as you get routed to the right person. The situation itself sounds strange, though. On a fraudulent charge, they should have done a chargeback without needing to close your account. Did they open a new one?
|
|
#
?
Mar 28, 2011 06:48
|
|
|
Just got the response to my request for validation of a gym membership debt All it is is a copy of the contract. There's nothing indicating any accounting of how they got the dollar figure they're quoting as owed. The contract was entered 12/5/08 and said 10 payments of $74 starting 1/5/08 (sic). I paid with my credit card, and I have printed out statements from May through October of 2009, because that's what's available online right now; I'm pulling January-April as I post this. What's my next step? Another letter telling them that what they sent me doesn't approach a validation? Do I go straight to the "the contract says I owe you $888, here are receipts totalling $888, gently caress off?" WhiskeyJuvenile fucked around with this message at 08:34 on Mar 28, 2011 |
|
#
?
Mar 28, 2011 08:32
|
|
|
TWiNKiE posted:If you're still a customer, call Chase and ask them to straighten it out. If you're not making progress on the phone, visit a branch and ask one of the not-tellers if they can help. Well I got a replacement card, they didn't close my account or anything they just got me one with a new number since my old one was compromised.
|
|
#
?
Mar 28, 2011 12:21
|
|
|
Baruch Obamawitz posted:Just got the response to my request for validation of a gym membership debt End it with something like: "Based on the contract you have and the records I have, it appears your office made a mistake in attempting to collect upon a debt that has been paid in full. If you have any records to the contrary, please send them. If you have reported information regarding this alleged debt to any consumer reporting agency, please remove the tradeline immediately. Failure to do so may constitute a violation of the Fair Debt Collection Practices Act as well as the Fair Credit Reporting Act. This notice does constitute, and should not be construed as, any waive of rights I may have under these acts or any other legal remedies that may be available to me. " ifuckedjesus posted:Well I got a replacement card, they didn't close my account or anything they just got me one with a new number since my old one was compromised.
|
|
#
?
Mar 28, 2011 22:54
|
|
|
Quick backstory: roommate had a joint CC through Capital One about four years ago, she died, he was homeless, wasn't able to get statements/pay, card got wrote off, debt collector's wrote, when asked to verify they refused to and sent a court summons instead. Anyway, my roommate is going to small claims to deal with the above situation this Friday, what should he know? His main defense is that the debt collector's refused to verify his debt and will not show him the original contract, which is a violation of the FDCPA if I'm not mistaken. However, slight problem, my roommate didn't mail in his answer to the Admissions of Documents form they asked him to fill out in time - but the debt collector never wrote anything back telling him he was late/etc. Is he in the clear still or will being late on the Admissions of Documents hurt him/penalize him?
|
|
#
?
Mar 30, 2011 22:38
|
|
|
Thank you for a very interesting thread. I'd like to ask a question. I am a veteran and am trying to get a VA loan on a house. I'm working on cleaning up my credit, because you need a median credit score of 640 to be able to qualify for 0 down 100% financing. Unfortunately, my median score right now is 613. I have the following outstanding debts reported on my credit report as being sent to collections: First Credit Services: $569 GC Services: $185 Palisades Collection: $185 (more on this later) Sequoia Financial Services: $328 I have other loans and stuff but they've been paid pretty well. So here's what happened. Way back in the day (2004 I think) I was not aware that my cell phone was turned off. As I remember it, I thought I closed my account. The $185 is a double hit on my credit report, from a secondary and what looks like a tertiary bill collector. I believe the statute of limitations has expired on this but I don't know (I'm in California). The debt has been picked up by a scavenger in 2010. It looks like the debt went: AT&T > GC Services > Palisades Collection > new company named Leading Edge Recovery. I don't see anything from either AT&T or the new company on my credit report. It also says on my credit report that the estimated date of removal for these two $185 dollar items is May of this year, 05/2011. If I continue to choose not to pay this debt, do you think it would get deleted off my credit report? Or does this new company have the right to follow up and repost it again to my credit report? I mean, I guess if it helps to pay and have it deleted I will. But I don't know how a tertiary company would scrub those details from other companies. I suppose I would have to contact each with a letter? Or is it better to just wait two months and see what happens? I tried contacting the current debt collector to get their information and my own account information but the guy on the phone kept trying to tell me that the website was experiencing technical errors and I couldn't log in to see my status. Bullshit!!! Fucker wanted me to pay right there so he could get a bonus. I literally have not even seen a printout or a letter stating that I owe a debt, so as far as I am concerned I think I should just ask them to send me a certified letter explaining my debt. I contacted the Sequoia folks and resolved my debt getting a pay to delete. It was my fault and I had every intention of paying the original debtor but lost my job blah blah blah. So it's paid and will be gone. I also intend to negotiate a pay-to-delete on the $569. I'm hoping that all of the above will jumpstart my credit score at least 27 points. Drewski fucked around with this message at 04:35 on Mar 31, 2011 |
|
#
?
Mar 31, 2011 04:32
|
|
|
Doctor Claw posted:Anyway, my roommate is going to small claims to deal with the above situation this Friday, what should he know? He'll say he asked for documentation. They'll say he didn't. The magistrate or judge will believe them. quote:His main defense is that the debt collector's refused to verify his debt and will not show him the original contract, which is a violation of the FDCPA if I'm not mistaken. If that's his defense, he's completely and totally hosed, unless Cap One's lawyer gets hit by a bus on the way to court. quote:However, slight problem, my roommate didn't mail in his answer to the Admissions of Documents form they asked him to fill out in time - but the debt collector never wrote anything back telling him he was late/etc. Is he in the clear still or will being late on the Admissions of Documents hurt him/penalize him? Are we talking "late" as in "supposed to be there by the 25th, and probably arrived today" or "supposed to be there on the 1st, and not mailed yet"? The former is probably not a very big deal. The latter can mean all sorts of things, depending on your jurisdiction. Maybe it means the judge postpones the case. Maybe it means he can't enter anything as evidence. Maybe it means he will be charged with contempt. Drewski posted:I don't see anything from either AT&T or the new company on my credit report. It also says on my credit report that the estimated date of removal for these two $185 dollar items is May of this year, 05/2011. If I continue to choose not to pay this debt, do you think it would get deleted off my credit report? quote:Or does this new company have the right to follow up and repost it again to my credit report? I mean, I guess if it helps to pay and have it deleted I will. But I don't know how a tertiary company would scrub those details from other companies. I suppose I would have to contact each with a letter? Or is it better to just wait two months and see what happens? If you're 110% sure that this originally went in to collections in 05/2004, I'd wait it out. Once it's off of your reports, if any CA contacts you about the debt again, tell them to gently caress off and die. quote:I tried contacting the current debt collector to get their information and my own account information but the guy on the phone kept trying to tell me that the website was experiencing technical errors and I couldn't log in to see my status. Bullshit!!! Fucker wanted me to pay right there so he could get a bonus. I literally have not even seen a printout or a letter stating that I owe a debt, so as far as I am concerned I think I should just ask them to send me a certified letter explaining my debt. It's rare I get to say this, but: Stop calling. Don't write. Don't answer their calls. This will go away soon. quote:I contacted the Sequoia folks and resolved my debt getting a pay to delete. It was my fault and I had every intention of paying the original debtor but lost my job blah blah blah. So it's paid and will be gone. quote:I also intend to negotiate a pay-to-delete on the $569. I'm hoping that all of the above will jumpstart my credit score at least 27 points. If you can get First Credit to PFD (and ask them to quickly... like "within 14 days"), you should be in the high 600's / low 700's as soon as June, as long as your other accounts are in good shape.
|
|
#
?
Mar 31, 2011 05:57
|
|
|
TWiNKiE posted:
Thanks for all your input. I've attached some info directly from my credit report just to confirm that this is the case. This is from TransUnion. 
|
|
#
?
Apr 1, 2011 02:16
|
|
|
Drewski posted:Thanks for all your input. I've attached some info directly from my credit report just to confirm that this is the case. This is from TransUnion. Yeah, nobody is going to come after you for an almost 7 year $185 old debt. In two months your credit score should shoot up a little bit (collections accounts are really bad for it, even if they're small) Edit: unless you specifically try to piss them off.
|
|
#
?
Apr 1, 2011 06:37
|
|
|
I lost my job and then I ran out of savings. I couldn't pay my credit cards, so I didn't. Now I'm hosed. Capital One charged off the defaulted card I had with them ($1000), and sent some collection people (MRS Associates) after me for a while. Then Capital One NA got a shady firm in my state to sue me (total now $1800). I didn't do anything so they got a default judgment. Where I live, that will be on my report for 10 years and of course that can be renewed until the end of time. A couple months after the judgment, they figured out where my bank account was (how the hell?) and garnished my wages. All of it is exempt, so I went through the procedure to get the money back. I live in fear of them trying to take money out again even if I'll get it back, so I don't keep any in there and only do it for immediate transactions where the money won't be in there for more than a day or so. I have another credit card through a credit union that I defaulted on ($1k). It was charged off, and seems to have ended up at a firm that only does collections. I wasn't sure if it was 3rd party or not, so I did a debt validation letter, and they stopped contacting me after they got the letter. I haven't heard anything since. I have no assets, no property, no non-exempt wages to garnish. I've been holding out here, thinking maybe someday I'll acquire enough money to pay it all off, but that hasn't happened and I don't know if it ever will. I am embarrassed that I should file for bankruptcy because the entire amount of the debt is so small in comparison to what I feel is an acceptable "bankruptcy amount." But I can't pay it, and don't have anyone I could get to pay it for me. samizdat fucked around with this message at 01:36 on Apr 2, 2011 |
|
#
?
Apr 2, 2011 01:31
|
|
|
I sent 3 PFD letters 3 weeks ago, certified. They were all signed for, but I've only gotten 1 reply and it was a verification of debt (didn't ask for this), albeit a shady one. All my offers were for about 40-50% of the debt. What do I do now?
|
|
#
?
Apr 3, 2011 22:28
|
|
|
seacat posted:Yeah, nobody is going to come after you for an almost 7 year $185 old debt. In two months your credit score should shoot up a little bit (collections accounts are really bad for it, even if they're small) Watch your credit report. A lot of times the debt collector will sell it to another debt collector who will try and report the debt as "new" and restart the 7 year statute of limitations. Also, don't buy a house on 0 down. Save up money and put at least 10% down so you have some equity in the house in the event the market drops further.
|
|
#
?
Apr 4, 2011 15:21
|
|
|
samizdat posted:I have no assets, no property, no non-exempt wages to garnish. I've been holding out here, thinking maybe someday I'll acquire enough money to pay it all off, but that hasn't happened and I don't know if it ever will. I am embarrassed that I should file for bankruptcy because the entire amount of the debt is so small in comparison to what I feel is an acceptable "bankruptcy amount." But I can't pay it, and don't have anyone I could get to pay it for me. Talk to a bankruptcy attorney, this is why bankruptcy exists. If you really don't think you'll be able to pay them back there is no reason why your life should be hell.
|
|
#
?
Apr 4, 2011 15:23
|
|
|
|
| # ? May 12, 2024 02:36 |
|
|
samizdat posted:I lost my job and then I ran out of savings. I couldn't pay my credit cards, so I didn't. Now I'm hosed. A BK attorney is going to cost you at between 800 to 1000 dollars for their services, if your total debt is 2,000 dollars it doesn't make much sense to use your 1 every 7 years magic reset button on 2K. They can't garnish your wages, so why stress about it? The worst thing you could have done is got that judgment though, those things are bad news. Bide your time, get into a better position and then pay it off when you can. They can't do anything to you, so you've got to stop stressing out about it.
|
|
#
?
Apr 4, 2011 16:12
|
|
