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ZeroAX posted:I'm an idiot and apparently didn't pay a medical copay of $13.
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May 11, 2011 04:32
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ZeroAX posted:I'm an idiot and apparently didn't pay a medical copay of $13. Pay the hospital and keep the receipt. If they send a letter, respond with a copy of the receipt and a verification request. If it shows up on your credit report, dispute it as paid using the receipt as proof.
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May 11, 2011 04:43
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ZeroAX posted:I'm an idiot and apparently didn't pay a medical copay of $13. Got you beat. Medical co-pay of $5 It's at collections. They said it's so little if I just pay them it won't even see my credit report.
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May 11, 2011 06:21
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TWiNKiE posted:(Remember... I'm not a lawyer, and this isn't legal advice.) Thanks for the response. It's not just that they are reporting as a factoring company, it's that they are reporting the debt as a factoring company account instead of a regular credit account. Factoring accounts have different rules that apply because there is an expectation that the debt is still good (i.e. there's a reasonable expectation it will get paid) versus a charged off account. I believe they are trying to re-age the account by claiming it is this factoring type, the DOFD is all wrong. Can this be used against them? Edit: What's a huge amount of money? The original credit limit was 4500, it was charged off at 65xx and now they are claiming 69xx Enderzero fucked around with this message at 15:56 on May 11, 2011 |
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May 11, 2011 15:53
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i need the Federal laws regarding the original creditor. They called at 7:35 in the morning, and are calling upwards of 30-40 times a week. Anyone know where i can find those?
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May 11, 2011 20:55
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Enderzero posted:Thanks for the response. It's not just that they are reporting as a factoring company, it's that they are reporting the debt as a factoring company account instead of a regular credit account. Factoring accounts have different rules that apply because there is an expectation that the debt is still good (i.e. there's a reasonable expectation it will get paid) versus a charged off account. I believe they are trying to re-age the account by claiming it is this factoring type, the DOFD is all wrong. Can this be used against them? "Asset sued you for not paying. Did you stop paying before Asset started doing sleazy reporting, or did you stop paying because they started doing it? Before? Then what does all this 'factoring' business have to do with anything?" You're not going to court because of the way Asset is reporting. You're going because you allegedly stopped paying for something you agreed to pay for. At this stage, that's all that's important. If you can introduce enough doubt that the debt might not belong to you, or that the amount they want is more than what they're legally entitled to, great. Asset loves to deal in junk debt under $1,000, so six grand is going to be big for them (and presumably, you). So, you're not going to want to go in half-cocked with FDCPA violations when the real meat is getting them to prove that you owe anything in the first place. Of course, if they're able to win, you can still turn around and sue them for violations -- and pay your judgement with their money. 
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May 11, 2011 21:43
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7thBatallion posted:i need the Federal laws regarding the original creditor. They called at 7:35 in the morning, and are calling upwards of 30-40 times a week. Anyone know where i can find those? However, if they're calling with "This is an important message for _________" autodialers, 47 U.S.C. Section 227 potentially covers that. Edit: And, some states have consumer protection laws which let you invoke the FDCPA against an OC. I believe California is one of them.
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May 11, 2011 21:49
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TWiNKiE posted:What you can't lose sight of, is what the judge is potentially thinking. Yes, I see what you're saying. I was hoping that the improper reporting/re-aging was a screwup that could get the suit tossed because they aren't handling the debt properly - an FDCPA violation. They are reporting the account as open, which it clearly isn't. Am I actually going off half-cocked here? I tried to find information relating to this issue and another board mentions there's little to no case law, and that's probably because people who notice this kind of error get a settlement and an NDA. Instead it looks like it's a FCRA violation, so they can sue for the debt and if they win I can sue them under FCRA - Two separate actions in total. Should I just go the "prove it" route for now and if things don't go well, talk to their lawyer about the factoring issue and try to get a settlement - pay nothing, they delete, I don't come after them about FDCPA violations? Would it be wise to bring it up during the hearing if the "prove it's mine" tactic fails? What about if I get to talk to their lawyer, pre-hearing? I guess I'm just not sure the order to play my cards - I don't want to make money I just want to pay as little as possible and have it go away, even up to a few thousand dollars. Edit: "Then what does all this 'factoring' business have to do with anything?" Is "It has an effect on whether they have standing to bring a suit" an acceptable response? What about trying to use it as an amendment to the "prove it" tactic, i.e. "As a factoring account it states it was open at these times. How did they arrive at it being an open account?" Enderzero fucked around with this message at 22:27 on May 11, 2011 |
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May 11, 2011 22:23
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Enderzero posted:Yes, I see what you're saying. I was hoping that the improper reporting/re-aging was a screwup that could get the suit tossed because they aren't handling the debt properly - an FDCPA violation. They are reporting the account as open, which it clearly isn't. Am I actually going off half-cocked here? I tried to find information relating to this issue and another board mentions there's little to no case law, and that's probably because people who notice this kind of error get a settlement and an NDA. There was a debt. They say it's yours, and it's this amount. Is it, or isn't it? Everything else is conjecture. If I crash in to your car, and you steal a CD from my car while I'm writing down information, that doesn't take me off the hook for compensating you. It makes you a douche, and I can call the police and accuse you of theft. But when AAA gets a claim from your insurance company, they're not going to say "Well, well, well... your customer stole 'Fear of a Black Planet' from our customer's car. You and the claimant can both get hosed." quote:Instead it looks like it's a FCRA violation, so they can sue for the debt and if they win I can sue them under FCRA - Two separate actions in total. Should I just go the "prove it" route for now and if things don't go well, talk to their lawyer about the factoring issue and try to get a settlement - pay nothing, they delete, I don't come after them about FDCPA violations? Would it be wise to bring it up during the hearing if the "prove it's mine" tactic fails? What about if I get to talk to their lawyer, pre-hearing? I guess I'm just not sure the order to play my cards - I don't want to make money I just want to pay as little as possible and have it go away, even up to a few thousand dollars. You have a legit copy of your credit report that shows they've been reporting the account as a factoring account for months? That's a good start. So let's say you're talking to their lawyer pre-trial. First, you admit nothing. In fact, I'd avoid talking about the debt altogether. Complain about Asset. Tell the lawyer that you feel your rights have been violated, and you think they may be liable for however many thousand dollars you (realistically) think you could win. Acknowledge what a pain in the rear end it's going to be for everyone to get that ball rolling, While you're certainly not saying that the debt is yours, wouldn't it be nice for everyone if they dropped the suit and removed the entry from your reports, and you signed something promising not to go complaining about these violations, and everybody just agreed that this has been one big, inconvenient mistake? quote:Edit: "Then what does all this 'factoring' business have to do with anything?" Is "It has an effect on whether they have standing to bring a suit" an acceptable response? What about trying to use it as an amendment to the "prove it" tactic, i.e. "As a factoring account it states it was open at these times. How did they arrive at it being an open account?" You can try bringing that up to suggest that Asset has no idea what they're even trying to collect on. If they come completely unprepared, that might even work. On the other hand, if they come with a signed application and boatloads of documents with your signature on them, the lawyer will probably say "Oh, someone made a typo" and the judge probably won't care very much.
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May 12, 2011 00:01
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What the hell is a factoring account anyway? How does it differ from a standard collection account? I've got a collector calling me, I think it could be some medical bill but I have no idea since they can't work a letter. I'm not seeing them on my credit reports so far. If this collector doesn't show up on my reports, can I safely tell them to literally gently caress off? What if they send me a dunning letter but still never show up on my reports? If a collector sues you, is it a good enough defense to just show the judge how they aren't on your credit reports? Does a debt exist if it doesn't report? I want to play ball with these dicks. I got a call at work today, and the first thing out of my mouth after she identified where she was calling from was, "I can't accept calls here, you can't call me here." So she starts sighing, like I'm somehow inconveniencing her and then starts with the, "Okay, well you have to call us back," business. So I ask for the number, she gives me a near useless 7-digit number. Three times I had to ask her for the area code, and I'm in a 10-digit dialing area so it's important. She wants to tell me the city, which has multiple area codes. Finally I get the number from her (it leads to a blind answering machine with the number repeated and a request for name and phone number - nope!), she's trying to get my home number, I tell her no. So she goes, "Oh I just found another phone number on your file," and makes like she's going to hang up on me. So I tell her, no, I do not wish to be contacted by phone at all and they need to communicate with me by mail. She sighs, "Well you have to call us back!" I tell her I will, and then she says, "Ok I'm going to note a non-commit to pay" and hangs up on me. So I got hold of their business number (off the clock) and transferred to customer service for debtors, I tell the rep that I received a call at work, I cannot receive calls at work, I do not wish to receive any phone communication and that this is a formal request to only be communicated with by mail. (I know it means jack on the phone but it was a start.) So I update my address with them, because that was my goal in calling. The rep claims that there were "letters" sent that I haven't seen, ever, asks me if I'm telling her that the address that I just gave her is where I receive my mail and I will receive these "letters", I assure her that it is. So she confirms the cease-and-desist (her words, not mine) and that they will not receive any input from me. I stop her and tell her no, that's not what I'm agreeing to, that I want them to only contact me by mail and that it doesn't prevent me from having any input. She starts going off about how they're not required to send me a monthly bill because they're a debt collector, "we're not required to send you anything". I stop her and say, "Uh, yeah, you are required to send me notification per the fair debt collection act and you saying that you won't accept any input from me sounds like intimidation." She says, "Well I'm sorry if you feel that you're intimidated but that was not my intention." At one point she uttered the words, "Nancy, you're obviously very experienced with debt collectors, so I'm sure you know we're not required to send you letters." Oh hell no. It is Ms. Pants, bitch. And you still are required to mail me something. Someone calls me back on my cell phone an hour later. I missed the call because I was still working. Needless to say, I want them to go away and possibly rub their faces in it if it's not too much trouble. If it is a medical debt and this collector can validate, I'm thinking I'll go straight to the provider and see if I can simply pay them and cut the collector out of it. If that doesn't work, I'll shoot for a pay for delete. I understand you have 30 days to dispute once you receive the dunning letter. So if they don't send it CMRR, how can they prove when you received it? What stops them from dating a letter June 1 but not sending it until June 15? Aren't you entitled to debt validation at any time?
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May 14, 2011 05:35
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This was from forever ago, back in the thread, but I was sued (by a credit card company) and decided to go the arbitration route. If I remember correctly, at the time, arbitration was deemed a weird/bad strategy, but it worked for me. I was sued for around $1000, by the original creditor. I'd have quickly lost in court; the judge made it very obvious that he didn't care that the other side was breaching the contract and the FDCPA, I should pay. Arbitration stopped me from paying attorney fees for the other side, as the arbitration clause of my agreement said that each side will bear all their own fees in arbitration. I had to borrow from family to get the money for JAMS, but they cap the consumer fee at $250. The first bill for the other side was ~$500 (which they paid). The second bill was ~$5,000 for the case hearing. The opposition also wanted a hearing to determine rules of evidence and another to contest whether the law firm could be sued alongside the OC. Each of those hearings would have (probably) been another ~$5,000. Also, JAMS has an appeal process which restarts the entire process with three arbitrators instead of one. At that point, each hearing can cost up to three times as much. That doesn't include the fact that the other side would have had to pay for travel/room/board for the arbitrator. Needless to say, when they got the second bill and did the math, they called me to offer mutual Dismissal w/ Prejudice. I ended up bargaining for getting the account off of my credit report and refunding my JAMS fee as well. It wasn't very much, but when I consider where I would've ended up, arbitration really did work for me. I honestly had no chance at winning, since this was the OC, not an account that'd been passed down and records could've been lost. I ended up with the debt resolved and I can pay back my family for the JAMS fee. So, although my case is anecdotal, the "arbitration strategy" is mostly about giving the other side a bill (or several bills) that far exceeds your debt. If your contract says each side bears their own costs, your debt is low enough, and you're patient. Sorry this is long, but I thought I'd give a bit of information for anyone who wanted to know about arbitration.
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May 18, 2011 22:41
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I received the results of my investigation today. The $185 items didn't even show up on my credit report anymore - it didn't say deleted and wasn't in my negative items list. I sent a hardcore dv letter to those guys just in case and my phone has stopped ringing for good Sequioa collection - deleted. Thanks for your advice! I'm on my way to a better credit score
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May 19, 2011 13:02
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I have some student loans through Nelnet. About 4 years ago I missed some payments but got caught up in full and then last year consolidated those loans into a dept of ed loan. Is there something I can do to have the late payment period removed from my credit report? It's the only negative thing on there.
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May 19, 2011 14:11
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Drewski posted:I received the results of my investigation today. Murgos posted:I have some student loans through Nelnet. About 4 years ago I missed some payments but got caught up in full and then last year consolidated those loans into a dept of ed loan. Unfortunately, you don't have much to get traction on with a student loan.
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May 20, 2011 03:24
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That bitch called me twice in one day over a $15 medical bill I didn't know I had. I'm going to call the provider and see if they'll accept a payment from me (I'm sure they will) and just cut the collector out of it. If the provider has been paid, does the provider need to recall the collector or is it sufficient to tell them to go away and present a copy of my receipt? I don't want a collection showing on my credit report. Should the tradeline disappear entirely, or is there a legitimate reason for it to show paid in full if I pay the provider and not the collector? Is the maximum $1,000 fine typically awarded when a collector makes a violation and a consumer takes them to court, or is it more common to see that amount reduced? I just want to gather some leverage here in case I need to negotiate for a pay for delete or to sue them for violations they might make in reporting later on.
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May 20, 2011 06:52
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I'm in a bit of a situation right now that I hope you guys can help me with. Debt collectors aren't involved in it yet, but it's only a matter of time. At the beginning of 2010, I worked for a large telecommunications company here in Canada. In March 2010, I quit my job because I found another. I gave my resignation letter to my supervisor on a Thursday and worked up until the Saturday of that week. I started my new job on the following Monday. A couple of months later, I got a letter from said telecommunications company claiming that I had been overpaid a week's wages and now owed the company 500 dollars. I call the human resources number on the letter and they explained that my supervisor had been late in handing the paperwork over and the company had not realized that I hadn't worked that week. I decided that I wasn't responsible and promptly ignored it (which was dumb). Last week I received a final notice letter from them saying that I still owed them 500 dollars and that if I don't pay by May 26th, they're sending my poo poo to a collections agency. The problem is I'm currently unemployed; while my unemployment insurance is enough to ensure that I stay on top of bills and debts and other such poo poo, 500$ is a huge chunk of money considering what my income is. I called human resources again and asked what I could do; they explained that I could make a payment arrangement with them. I worked out something affordable and they said they'd call me back to confirm. The next day they called me back and refused my payment arrangement on the grounds that I had already made a payment arrangement in the past and not respected it. I don't believe that I had made any payment arrangement although I'm positive that the original due date was in 2010. I have a few questions: - Am I responsible for paying this back considering my supervisor is at fault? - What happens when my bill goes to a collection agency (I read the OP but I'm wondering if anything differs in this particular case)? - What do I do now?
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May 20, 2011 16:47
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I work in a debt collection firm in England. I'm not sure how it translates to American rules, but over here, if it's less than £750, poo poo can't be done, basically. The only thing that matters is selling Statutory Demands, as it brings in profit. All that happens is that we send out 3 letters (Basically 'Hello, we have your debt' 'Hey, you're not paying your debt' 'Seriously, pay the debt') followed by a phonecall if you have a number. If you raise a dispute, we generally leave it. Although we do only chase debts we have valid invoices for, it's just not worth the bother. There's alot of poo poo we do that I don't think is legal. One of the guys threatens people out of the arse, and will only tell people the call is recorded on an outbound the second they say something he wants. I'm not sure if that's right, but I always thought that you have to announce the recording at the beginning of the call. We create court dates and then don't attend. It's basically scare tactics until we hit the £10 mark, I reckon. I think the state of the business shows when we have nearly double telemarketing staff than actual collectors.
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May 22, 2011 10:05
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Dancing Potato posted:I'm in a bit of a situation right now that I hope you guys can help me with. Debt collectors aren't involved in it yet, but it's only a matter of time. I would post that here as well http://forums.somethingawful.com/showthread.php?threadid=3266659 Almost more of a legal question than a debt collection (at this point anyway)
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May 22, 2011 22:49
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GosuProbe fucked around with this message at 07:11 on Nov 16, 2017 |
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May 29, 2011 22:17
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This thread has been an amazing pool of advice and stories to help me out. Here's my situation. Just received a letter on the mail from a local attorney saying "Hey I see your being sued! Want to hire me?" This was news to me. Went on my local circuit court website to find that First Financial Bank USA has filed a SCC suit against me on the 23rd, with an date set for June 20th. Doesn't list the amount being sued for but If I remember correctly I owe about 2k and stopped paying June of last year. The thing I'm wondering is, do I need to be properly served? Seems weird that they haven't even attempted yet. (But I guess I wouldn't really know) I know I should appear for the court date but if they never serve me before that date, what are my options? To clarify, I'm in Wisconsin. The account was opened in 2004. (A week after my 18th birthday no less) Also, could anyone shed some light as to how I can interpret the Wisconsin debt collection laws. Some people suggest that the Wisconsin statute makes it so that OC's are subject to FDCPA Violations and such. For reference: Wisconsin Consumer act posted:421.301 (25) “Merchant” means a person who regularly advertises,
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Jun 1, 2011 06:19
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This is a great thread. A few months ago, my identity was compromised. The perpetrator, somewhere in Vegas, managed to take out a payday loan for $600 and write a check for cash for $600 on the same day. So I guess he was banking on me not noticing the missing $600. Anyway, I noticed it the next day and had the accounts closed, put a flag on my credit report, filed a police report, etc. The bank says they're not going to do anything, because apparently electronic, no-signature-required checks made out to cash and deposited 2,000 miles away are perfectly legitimate and raise no red flags. I called the payday loan people once, to try to sort it out, and they demanded immediate payment. I did get a faxed copy of the flagrantly falsified electronic payday loan agreement, of course it was e-signed. Today I received a postcard from P.R.S. in Lakewood, CO requesting that I call a number for GOOD NEWS! A google search reveals that they are a CA. I'm guessing I should not call them? Should I send a DV now? I haven't gotten any other correspondence other than this postcard.
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Jun 1, 2011 22:43
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drat I wish I would've found this thread a long time ago. I'd really appreciate some advice. Last November I moved out of my apartment. The night before I moved out, I had a little party with some friends. One of my friends was outside smoking and put his cigarette out in a plastic planter. I went to sleep and when I woke up, my deck was on fire! I manged to get it put out, but 3 large planks and a support beam were damaged by the fire. After I moved out, I got a letter from the apartment complex saying I owed $1300 for the repairs. I asked them for proof of work done and all they gave me was a quote from the contractor quoting $1300, no break down of costs/labor and they said they couldn't provide anything other than that. Well, I didn't have $1100 so I just ignored it. About a month later I got a letter from the collection agency that managed their collections(Hunter Warfield). Again, I ignored it(stupid mistake apparently). Then the phone calls started coming. I ignored them for a while but I've recently gotten into a position where I can start repaying my debts, so I answered. Through the course of my conversations with them, I've been hung up on, basically been called a scumbag that doesn't pay his debts, and had wage garnishment threatened. I had been dealing with someone else who seemed more likely to work with me(and was actually civil!), but after she saw I had dealt with another guy, she had to let him handle the account. Now all calls to their office are directed to his phone. My options as he presented them today are: pay $1100 by Monday, pay $117 by Monday or they are going forward with litigation. I just payed rent on my apartment and my cell phone bill so I don't even have $117 to pay them. I tried to negotiate with this guy and tell him I could pay next Friday(explaining my recent bills) and he told me "That's your problem, not mine. Pay by Monday or we sue." and then hung up on me. Since I've basically screwed up the entire process in the OP, do I have any options at all?
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Jun 3, 2011 20:34
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Yeah Doug. Go talk to a Consumer protection lawyer. They will only take money if they win, and they will help you sue. Threats of lawsuits and wage garnishments are illegal and you can get the debt voided and make money from a lawsuit. Not that I know how good your case is or anything, and I don't guarantee any of this will work. http://www.naca.net/ get a hold of an attorney right now. So now for the question I was going to ask. Anyone here have dealings with Suttell And Hammer in Washington State? Just got served by them last week, and I sent my answer this week which basically has been that I deny everything and demand they produce proof in the form of contracts and receipts for the purchases I made. I've heard some people say they pay someone to basically write an affidavit that they have personal knowledge of all my debt and that it is valid when its not. Anyway I can force them to produce all the contracts used? I've also heard going to private arbitration might be smart. Anyone know anything about this? How do I do it? Thanks
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Jun 4, 2011 04:19
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tworavens posted:So now for the question I was going to ask. Anyone here have dealings with Suttell And Hammer in Washington State? Just got served by them last week, and I sent my answer this week which basically has been that I deny everything and demand they produce proof in the form of contracts and receipts for the purchases I made. I've heard some people say they pay someone to basically write an affidavit that they have personal knowledge of all my debt and that it is valid when its not. Absolutely. When you get sued, you go through a process called 'discovery'. The short version is that you can request any document that the other party has, and they have to produce it if it has any relevance to the case. This is the major reason why lawsuits are so expensive, in some large cases there can easily be millions of pages of documents to review.
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Jun 4, 2011 10:50
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I got a letter from Williams and Fudge about a student loan I haven't made a payment on in a little over a year. The total amount is about $5500, but the only amount on the letter is what's past due, $900. Basically it says that if I don't pay them, they will decide if they want to sue me. It's not a Dunning letter per se, since it's regarding a student loan, so should I still send them a gently caress-off letter, or just let it go and hope they realize that I don't have enough income for them to garnish, or any assets to take away. (Income <$13,000/yr, no car/house/anything of significant value.)
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Jun 5, 2011 16:44
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In the process of settling with a bunch of accounts and such from my retarded youth. Anyhow I had a Car repossessed and it auctioned for most of the value. Toyota closed the account a month later.  I have received collection notices, but those agencies aren't populating on my report, and from what I googled I think they buy up ghost debt. So should I just let this one lie, or can I dispute it in some way so that X turns into a check mark. This is my last questionable thing on my report to clear up so I'm pretty excited to get this poo poo over with. I've paid a poo poo ton of stuff and raised my credit report like 80 or so points the past two months. 
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Jun 7, 2011 00:31
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Big Taint posted:I got a letter from Williams and Fudge about a student loan I haven't made a payment on in a little over a year. The total amount is about $5500, but the only amount on the letter is what's past due, $900. Basically it says that if I don't pay them, they will decide if they want to sue me. It's not a Dunning letter per se, since it's regarding a student loan, so should I still send them a gently caress-off letter, or just let it go and hope they realize that I don't have enough income for them to garnish, or any assets to take away. (Income <$13,000/yr, no car/house/anything of significant value.) Student loans never go away and will follow you through a bankruptcy. You can try the usual stuff mentioned in this thread but you're going to have to pay this at some point.
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Jun 9, 2011 22:55
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Hillary Clintons Thong posted:In the process of settling with a bunch of accounts and such from my retarded youth. Anyhow I had a Car repossessed and it auctioned for most of the value. Toyota closed the account a month later. You might just have to let that one lie. I financed my car through Toyota Financial and one month they didn't apply my auto-debited payment. I found out after like 20 days when they started calling. It took them a week to clear it up and admit they messed up, but they still gave me a 30 day late mark on my credit report. I called, disputed, did everything in the book and they won't remove it and that was only for a 30 day late. It might be worth a try but man, they're sharks.
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Jun 9, 2011 23:19
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Chouzan posted:This was from forever ago, back in the thread, but I was sued (by a credit card company) and decided to go the arbitration route. If I remember correctly, at the time, arbitration was deemed a weird/bad strategy, but it worked for me. This sounds like what I might be doing soon. Could you tell me, when was it that you were able to elect for arbitration? After the initial hearing for the suit? Or before it all went down? Did you have to contact JAMS directly or did the Credit card company take care of it? The Creditor suing me has an arbitration clause in my contract but is not very clear on how I can choose to opt for it. I'm wondering if I can get them to drop it by only showing up and asking to prove the debt is mine. If they can, can I then choose arbitration? Or do I have to ask for it before any court proceedings? Only 10 days left!
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Jun 10, 2011 20:39
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mintskoal posted:You might just have to let that one lie. I financed my car through Toyota Financial and one month they didn't apply my auto-debited payment. I found out after like 20 days when they started calling. It took them a week to clear it up and admit they messed up, but they still gave me a 30 day late mark on my credit report.  Well that's scary. Scary enough to convince me to cancel my auto-pay on my Discover Card.
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Jun 10, 2011 22:42
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AndrewP posted:
PS: yes, I am in Chexsystems for 2 more years. Yes I have tried every trick from Creditboards and everyone else. They keep retaining the information with no proof that I owe the debt besides some lovely looking faxes from Wellsfargo where the amount shown does not equal my charged off balance. Chex doesn't give a gently caress.
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Jun 11, 2011 02:49
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Great thread, I learned a lot, thanks guys! Had a question though.. I voluntarily returned my car 1.5 years ago, after having it financed for about a year. I received a letter in the mail last week, which said that a collection agency was now handling my case, and they demanded $11,000 for it. I talked to the guy on the phone and he said if i paid $2000 down, and paid maybe 200 a month until the end of the debt, I would be in the clear. (Very low on cash at the moment, or else I would've already paid them) I will check my credit report today, I told the guy I would call him back to talk some more about the case. What should I do, I know (after reading this thread) that I have 30 days to ask for proof/information on my case, but I am still a bit confused what information I should ask for, and was thinking if I even should pay them at all.
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Jun 13, 2011 17:38
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I pulled all my credit reports from annualcreditreport a couple of months ago and have gotten some threatening calls (no dunning letters) from some new collections agencies. I called them back, admitting no responsibility for the debt, and left them my mailing address. Heres an interesting question I dont believe i have seen posted. Ive burned my free credit report for the year. Say I go into a bank to intentionally apply for a loan I have no chance of getting (not hard with my subbasement score). When they deny me, can I get three more reports due to FCRA? Would this be considered fraud? I do know a hard pull is a slight negative, but at this point I dont think one in the last three years will make much of a difference.
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Jun 13, 2011 21:19
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cyrusthevyrus posted:Great thread, I learned a lot, thanks guys! What was the financed amount vs. how much you paid on it before returning it? Just curious because $11,000 doesn't seem possible unless you bought a $50,000 car or something and it depreciated a ton in the short time you owned it, or was damaged, or something.
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Jun 13, 2011 22:33
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lapse posted:What was the financed amount vs. how much you paid on it before returning it? The original amount was in the $20k, I paid off a few thousand ($4-$5k +interest) we voluntarily gave the car back, and Nissan sold the car for $8k at the auction. I just checked my credit report and it says it was "charged off", and it is a negative on my credit report. Anyone know what charged off means?
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Jun 14, 2011 16:58
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cyrusthevyrus posted:The original amount was in the $20k, I paid off a few thousand ($4-$5k +interest) we voluntarily gave the car back, and Nissan sold the car for $8k at the auction. It means that as far as Nissan is concerned, they are not going to recover that money so they wrote it off as a loss. This is reflected on your credit report that you did not pay them the full amount you initially agreed upon.
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Jun 14, 2011 20:14
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I am in quite the situation. I stopped paying my credit cards about a year ago when I no longer had the income to do so. I make enough money to pay my monthly school payment, cell phone, and gas to get to and from work/school and that's it. I've been getting calls for months now that I ignore and just delete the voice mails without listening to them. Has that been the wrong thing to do? I am living with my dad now since I can't afford to pay rent. Yesterday one of them called his home phone and I answered. She asked for my dad and when I told her he wasn't home, she asked for me. I mistakenly confirmed that she had the right person. When she wasn't getting anywhere with me, she told me she wanted to speak with my dad about my debt and confirm whether or not I've asked him for help and I told her no. She ended the call by telling me she was going to check on it. What can I do about this? She can't legally do that, correct? I have 5 credit cards total that were all maxed when I stopped paying, which would total to $8000 plus whatever late fees they have added on. The one who called is for either $2500 or $3000. It's one of the ones I owed the most on. I'm in no position to pay for this right now and I feel pretty horrible about myself for getting into this mess. I'm almost done with school, so I'll have to start paying my loans back soon. Since they are federal loans, they be my priority when I have an income that allows me to pay things again. Oh yeah, I'm in California.
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Jun 16, 2011 00:40
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sexily posted:Did your dad co-sign? If not then he isn't responsible for your debt
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Jun 16, 2011 01:28
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ratbert90 posted:Did your dad co-sign? If not then he isn't responsible for your debt No, he's not attached to any of my cards. He doesn't even know how hosed I am with my debt. I'm an adult so I don't appreciate this lady threatening to tell my daddy on me.
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Jun 16, 2011 02:25
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sexily posted:No, he's not attached to any of my cards. He doesn't even know how hosed I am with my debt. I'm an adult so I don't appreciate this lady threatening to tell my daddy on me. Then you need to send a dunning letter to these people ASAP and tell them to gently caress off.
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Jun 16, 2011 06:12
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