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BonerGhost
Mar 9, 2007

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.

Yeah this woman threatening to do something that is illegal (bring in an unrelated third party) is illegal in itself per the fair debt collection practices act. Not sure about the recording laws in your state and it would be a good idea to find them out, but if you could legally catch her in the act that's a $1000 violation potentially in your pocket or as a bargaining chip.

Oh yeah and if you do at any point give a collector money, don't do it with a personal check and for the love of all that is holy and good, never ever do an electronic funds transfer.

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Dolphin
Dec 5, 2008

by Jeffrey of YOSPOS
Last year my landlord screwed me over by charging me my security deposit plus ~$450 for a carpet (that was damaged when the apartment adjacent to mine flooded), and then sent me a bill for it in a nondescript envelope that I didn't find until I realized I wasn't receiving my security deposit. I should have sent an "I dispute this" letter but I didn't, and about 6 months has passed and they've sent it to a collection agency and now I've taken a 100 point hit to my credit.

Thing is, I've never received anything in mail from the collection agency, no bill, no "pay X amount" offers, nothing. I only know that the debt exists because of a note on my credit report citing what it is, and from the "dispute" thing on experian.

First I noticed this (on my credit report):


Then this (on Experian's dispute thing):


How should I proceed with this?

Drewski
Apr 15, 2005

Good thing Vader didn't touch my bike. Good thing for him.

Drewski posted:

(This was from back in March)

I have the following outstanding debts reported on my credit report as being sent to collections:

First Credit Services: $569

<snip>

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.

I did indeed send a pay-to-delete on this debt, offering $328 (100% of the debt originally owed minus their fees and whatnot), and I heard nothing. Now I'm getting calls from a new debt collection agency... Can they just sell it off like that?

I don't understand why an agency would just sell off the debt for pennies rather than make a deal with someone who was willing to make a substantial payment.

FlapYoJacks
Feb 12, 2009

Drewski posted:

I did indeed send a pay-to-delete on this debt, offering $328 (100% of the debt originally owed minus their fees and whatnot), and I heard nothing. Now I'm getting calls from a new debt collection agency... Can they just sell it off like that?

I don't understand why an agency would just sell off the debt for pennies rather than make a deal with someone who was willing to make a substantial payment.

They sure can! And there are a ton of reasons why they would sell your debt, more than likely because they sold your debt in bulk with 10,000 others.

Drewski
Apr 15, 2005

Good thing Vader didn't touch my bike. Good thing for him.

ratbert90 posted:

They sure can! And there are a ton of reasons why they would sell your debt, more than likely because they sold your debt in bulk with 10,000 others.

That's just frustrating and rude... Of course I suppose I shouldn't expect any different. Now I need to start the validation process all over with a new CA...

Drewski fucked around with this message at 04:51 on Jun 21, 2011

BonerGhost
Mar 9, 2007

Drewski posted:

That's just frustrating and rude... Of course I suppose I shouldn't expect any different. Now I need to start the validation process all over with a new CA...

Just think of it this way: The more times it passes hands, the more likely a collector is to lose records and be unable to validate!

Themagicmoogle
Aug 2, 2004

Pet Island Hero
So I got a bill from yet another collection agency. However, it's for a bill that's now almost 4 years old now and has been removed from all three of my credit reports twice now. One from the original creditors and one from the collections that they sold it too (Comcast screwed up and claimed that I didn't return equipment, and they found it months later)

Should I call/write and tell them to gently caress off, or just ignore it since it's now been deleted twice? I just checked my credit report at the big three not a week ago and it wasn't on there.

URL grey tea
Jun 1, 2004

IT'S A SAD THING THAT YOUR ADVENTURES HAVE ENDED HERE!!
A few weeks ago I got a new alert/entry on my credit report:
USR GROUP, INC.
Account Status: UNPAID (UNPAID)
Status Date: 05/01/2011
Balance Amount: $1841

so of course I googled their name and sent a certified letter, but it came back return to sender. Does anyone know of methods to find out where these people are? Do I have to order a full credit report to get their address?

edit- http://www.budhibbs.com/collectorpages/c_barry_associates.htm oh great

URL grey tea fucked around with this message at 01:06 on Jun 22, 2011

BusinessWallet
Sep 13, 2005
Today has been the most perfect day I have ever seen
I now have 3 fairly old unpaid credit cards on my credit report that are in collections. The oldest is an account from 07, they have all been charged off. I want to better my credit, and I have the cash to pay these off. What is the best way to go about doing this? I have sent them PFD letters offering most of the original amount and they have either not responded at all or not well. Not really sure what to do at this point, would really like to just get this over with.

BonerGhost
Mar 9, 2007

Orange Juilius posted:

A few weeks ago I got a new alert/entry on my credit report:
USR GROUP, INC.
Account Status: UNPAID (UNPAID)
Status Date: 05/01/2011
Balance Amount: $1841

so of course I googled their name and sent a certified letter, but it came back return to sender. Does anyone know of methods to find out where these people are? Do I have to order a full credit report to get their address?

edit- http://www.budhibbs.com/collectorpages/c_barry_associates.htm oh great

Keep your letter that was returned. It's been a while since I could check my reports for free, but I'm pretty sure you can get the creditor/collector's address from the reporting agency.

Check into disputing the entry on your report with the reporting agency.

Boogaloo
Jun 19, 2009
I got a credit card right out of high school. Needless to say I now owe about $1300 on it. The collectors were out in force for probably the first two years after I stopped paying, but this past year and a half has been really quiet. I heard from the collectors for the first time today, and apparently I'm being sued for the debt in Colorado (I'm in Texas). I asked the collector about a pay-for-delete and the answer I got was "we're not a credit reporting agency". I think I'm screwed. Is payment my only option here?

Drewski
Apr 15, 2005

Good thing Vader didn't touch my bike. Good thing for him.

Boogaloo posted:

I got a credit card right out of high school. Needless to say I now owe about $1300 on it. The collectors were out in force for probably the first two years after I stopped paying, but this past year and a half has been really quiet. I heard from the collectors for the first time today, and apparently I'm being sued for the debt in Colorado (I'm in Texas). I asked the collector about a pay-for-delete and the answer I got was "we're not a credit reporting agency". I think I'm screwed. Is payment my only option here?

You go back to them and tell them that although they're not a CRA, you know that they have access to CRA records which includes the ability to edit and/or delete.

I Wish I Was
Dec 11, 2006

I saw this at the bookshop and thought of you.

Drewski posted:

You go back to them and tell them that although they're not a CRA, you know that they have access to CRA records which includes the ability to edit and/or delete.

Do not call them. Write them a letter offering to pay $X in exchange for them sending you a letter agreeing to remove any report of the debt from all three credit bureaus. Look around this thread or the web for a pay-for-delete sample letter and it will tell you what yours should say.

Also, did the collectors tell you they a suing you? It's illegal for them to tell you they are if they aren't. They're pretty much not allowed to lie at all. If they are actually suing, you wouldn't be hearing from them you'd be hearing from a lawyer or the court. Also, they must sue you in the city in which you either signed the original contract or the city in which you currently live. They can't sue you halfway across the country just to make a hardship for you come to them. With a credit card, they are almost guaranteed to have to file where you live because you probably filled out the application and sent it in.

This is another good reason to GET EVERYTHING IN WRITING. They can't be ambiguous about things in a letter or change their story three times like they can on the phone. Any violations of collection law (Texas has one in addition to the federal one and both apply, so it's $1000 for each federal violation PLUS $100 for each state. Texas also requires that all debt collectors have a bond registered with the state. Do a Google search for "Texas debt collector bond" and you will get a link to the searchable official state of Texas database so you can see if they're even legally allowed to be collecting debts in Texas. If they're not, you can use that as lawsuit fodder or more leverage in your pay-for-delete letter.

--- THIS IS FOR EVERYONE CHALLENGING THEIR CREDIT REPORT ---

I found this bit yesterday while doing some research about getting the CRAs to confirm the debt with the creditor. Apparently they do their "request" in the sloppiest, laziest process possible by assigning it a two-letter code and only sending THAT to the OC. So all that documentation you might have sent with it, showing the forged signature or the police report about the stolen card or whatever NEVER actually gets sent. They literally enter a two-letter code that means "not his/hers" and then the OC replies, "yeah it is" and that's good enough for them to claim the debt is reaffirmed.

If you insist they do it properly they might, but don't expect just a letter asking them to check is going to work.

  1. Challenge the listing in the normal way.
  2. 'If verified, with a copy of the investigation result in hand, call the CRA at the toll-free number listed at the top of the report. (If not, you're done, you lucky dog!)
  3. Give the report reference number and ask for method of verification per FCRA Section 611(a)(7) .
    They will have never called the OC (original creditor), but will have relied on a third party database to verify, which they may or may not admit to you. If they can't cite solid evidence like "we called the OC and they verified," ask for OC's phone number.
  4. Call OC and ask for the records.
  5. If the OC doesn't have them (they will typically tell you that the collection agency has them and they don't keep them), get the person's name and direct line. If they do have them, demand a copy under the new FACTA act.
  6. If you are sent records, review them and see how good they are. If they are not conclusive, take the next step.
  7. If the OC has no records,
  8. Call the CRA back and tell them the OC has no records.
  9. Inform the CRA that they need to open another dispute. The new information for the disput is the name and number of the person to whom you have just called at the OC.
  10. If they refuse, inform them you will sue for willful non-compliance under section FCRA § 616.
  11. If they still refuse, send the information via certified letter along with an intent to sue letter.
  12. If they do not refuse, they will give you a new confirmation number (write it down! and the date!). This acts as a new investigation, and the CRA has 30 days to get back to you. If you have written records proving the OC can't back up the negative listing(s) they are reporting on your credit report.
    send them registered mail to the CRA along with an intent to sue letterif the account is not removed.


Now I would add to that set of instructions that you should do this all in writing and not over the phone. So you call the OC and they say yeah, they've got the records, but then they don't mail them. What proof do you have that they agreed? If they say no, they don't, what proof do you have that you can then include with your CRA request for a delete? Writing everything will take a lot longer, but it's a lot less likely to get you (1) more collection calls or (2) the run around.

Boogaloo
Jun 19, 2009

I Wish I Was posted:

awesome advice

Thank you for that. They're not on the list, but it also occurred to me that the last updated address they have from me may be a Colorado address.

EDIT

Now that I think about it more I made that clear during the conversation that I was living in Texas, anyway.

Boogaloo fucked around with this message at 05:59 on Jun 23, 2011

sexily
Jul 25, 2001

Oh, is this 1953?

I Wish I Was posted:


Also, they must sue you in the city in which you either signed the original contract or the city in which you currently live. They can't sue you halfway across the country just to make a hardship for you come to them. With a credit card, they are almost guaranteed to have to file where you live because you probably filled out the application and sent it in.

So how screwed would someone be if they signed up for credit cards online? I'm pretty sure the majority of mine were done online. Can I be sued in different states from the one I reside?

I Wish I Was
Dec 11, 2006

I saw this at the bookshop and thought of you.

sexily posted:

So how screwed would someone be if they signed up for credit cards online? I'm pretty sure the majority of mine were done online. Can I be sued in different states from the one I reside?

IANAL, but from what I've read signing up on the internet shouldn't be materially different from mailing in an application - so they would have to sue you in your home city/county.

honkwins
Jun 24, 2011

a high-protein meat alternative

when sending a DV, is there any specific way it should be addressed, or is simply sending it to their address good enough? how long do they have to clear the items from your report?

OmNom
Dec 31, 2003

I make a damn tasty cookie. https://bit.ly/rgjqfw
I paid the OC of an outstanding medical bill months ago, and for whatever reason they never reported to the collections agency that they received payment. The collection agency is still bugging me via mail.

Today I spoke with the OC and told them to verify the debt with collections. How do I know if they agency will remove the tradeline from my credit report. I am already disputing with Trans-Union and Experian.

What else should I do to get these guys to gently caress off, the debt has been paid for quite awhile now; would it be best to send a DV letter even though the OC is informing them that the debt is paid.

Skandiaavity
Apr 20, 2005
3 things? hoping for an answer


1) i sent a dispute letter (as per the thread) and it is past 30 days (it's actually been 60 days). the creditor has not verified it. What should I do? I am thinking of a simple "it's been past the 30 days as required by federal law, so i consider this matter as closed and please remove the reports immediately etc etc"


2) I removed an older debt that actually wasn't mine, and got a letter from the company stating so; but it's still on experian. Should I send experian a letter, or the company a letter? should I sue? :\

3) i jsut found out two debts from the same debt collection agency are "re-aged"? that is, both debts are from 2007/early 2008, but they are marking them reported as of May 2011. I have older credit reports showing different dates... I seem to recall this being as illegal/fdcpa and fcra violations, so what should I do? (edit: what constitutes this? the date opened? date last reported? is it something I have to write in?)

Skandiaavity fucked around with this message at 21:09 on Jun 24, 2011

Rubber Johnny
Apr 18, 2007

When I was a child if someone brandished a shrink gun he'd get a little bit of respect!
Looks like the thread is coming to a halt but maybe someone can answer a quick question.

If I were to file a motion to compel arbitration in a suit against me by an original creditor, do I do that before my answer is submitted, or after? And if after, would it be before the hearing or at the hearing?

Lemonus
Apr 25, 2005

Return dignity to the art of loafing.
Edit: Whoops, wrong thread :\.

BusinessWallet
Sep 13, 2005
Today has been the most perfect day I have ever seen

BusinessWallet posted:

I now have 3 fairly old unpaid credit cards on my credit report that are in collections. The oldest is an account from 07, they have all been charged off. I want to better my credit, and I have the cash to pay these off. What is the best way to go about doing this? I have sent them PFD letters offering most of the original amount and they have either not responded at all or not well. Not really sure what to do at this point, would really like to just get this over with.

Anyone on this? :(

BonerGhost
Mar 9, 2007

Skandiaavity posted:

3 things? hoping for an answer


1) i sent a dispute letter (as per the thread) and it is past 30 days (it's actually been 60 days). the creditor has not verified it. What should I do? I am thinking of a simple "it's been past the 30 days as required by federal law, so i consider this matter as closed and please remove the reports immediately etc etc"


2) I removed an older debt that actually wasn't mine, and got a letter from the company stating so; but it's still on experian. Should I send experian a letter, or the company a letter? should I sue? :\

3) i jsut found out two debts from the same debt collection agency are "re-aged"? that is, both debts are from 2007/early 2008, but they are marking them reported as of May 2011. I have older credit reports showing different dates... I seem to recall this being as illegal/fdcpa and fcra violations, so what should I do? (edit: what constitutes this? the date opened? date last reported? is it something I have to write in?)

I have no personal experience with this, just what I've read about other people doing. I am not a lawyer, I am not your lawyer, I am not giving you advice.

In each of these cases, I would write the applicable reporting agencies a letter CMRR. I think the agencies give you online links to submit electronic forms but things like that get conveniently lost. Go through the FDCPA and FCRA and find the applicable codes to quote in your complaints. All of this assumes you're dealing with collectors and not original creditors.

For the first, I would quote the section that requires a collector to validate the debt within 30 days (or 45 for a free report, fun fact!) and include a copy of the initial letter you sent to the collector plus a copy of your return receipt showing when you received it. You'll need to read the codes, because I'm not sure if their failure to validate to you is grounds for them to remove it from your report but I think it is. I am fairly certain that it's a violation enforceable by up to a $1000 fine, though, so it's worth keeping track of those. I'm not sure if it's a separate violation to not validate to you plus not validate to you and then validate to the reporting agency, but I think it might be. You only collect those fines if you sue and are successful, so it's up to you whether you think you have enough to convince a judge they've done wrong, want to spend the filing fees, and are ok with getting back on the collector's radar if it doesn't work. Depending on the level of screwing with you they are doing plus your ability to hose them on violations, one option is to shoot them a letter stating a realistic number of violations you can nail them on and offer to not take them to court if they'll delete the trade line. It's kind of like a pay for delete only you don't pay them. I'd personally only attempt this if I had at least 3 or 4 really solid violations I could back up with paper and that the amount of the fines outweighed any alleged debts.

I have read that when you tell the reporting agency the collector hasn't validated with you, they basically call the collector and ask if it's yours and they respond either y/n. I have read that you have the right to be told how they validated the debt. You'll need to check the codes because those laws are what determine what they can and cannot do.

For your second item, I would send a CMRR letter to the company alleging the debt stating that you do not own this debt and include a copy of the "this debt ain't yours" letter they sent you. Just to be clear, I'd include a line to the effect of, "I expect to see this tradeline removed from my reports within 30 days of the date you receive this letter." Not a lawyer, and I haven't read the codes thoroughly in a while, but it seems to me that it's not a reporting violation until you tell them it's not yours and they continue to report it. Save ALL of your correspondence with that company and anything between you and the reporting agency regarding that company/tradeline. If they don't remove it within 30 days, I'd contact the reporting agency as in your first item, include a copy of the letter they sent you showing the debt isn't yours, and request that the tradeline be deleted from your report. For myself, anything after that first communication where I showed them a copy of that letter where they continued to report, I'd record as a violation by keeping copies of credit reports showing what dates they're reporting. I would assume each 30 days of reporting would count as one violation but I'm assuming. If they continued to be idiots about it, had enough enforceable violations, and I felt like I could win, I'd probably take them to court.

On your third item, it's not legal for them to re-age a debt, but it can be hard to prove they did it. If you have copies of previous credit reports showing they did it, it sounds like a slam dunk. I'm honestly not sure how people go about fixing this, but my plan would be to make a complaint first with the credit reporting agency and go from there. On this and on all the things I've suggested, check it against the code because the law is what backs you up, but a debt is aged based on the date of last delinquency or last payment. You're delinquent at somewhere between 60 and 180 days, I can't remember, but if you've gone delinquent and then you start paying on an old debt, you can re-age the debt.

These are suggestions for places to start. I can't give you advice because I'm not a lawyer and I've never done it before, so I urge you to check everything I've suggested against an applicable code before you do something like get yourself on a collector's radar or try to sue someone and waste a filing fee on something that's worthless. I figured someone should try to step up and help because I'm seeing pages and pages of questions and curiously, no loving answers or even suggestions by the person who started this thread. It's become a black hole of debt collection questions and no guidance.

lizardman
Jun 30, 2007

by R. Guyovich
Oh Jesus. I don't know where to go with this, here or the student loans thread or E/N.

Got a call yesterday from a collector saying I defaulted on a private student loan from Citibank that I thought had been discharged from a bankruptcy (I know I'm stupid for thinking this, it was listed among items that were discharged and unlike Sallie Mae I had never received a subsequent letter saying I still owed; and whenever I logged in to Citi's website it said "account unavailable due to death/bankruptcy/etc." and I thought that was that).

They want a lump sump of $8000+ or I give them about $5000 and then I can make payments afterward. Yeah.... I can't do this. I don't even work full-time at the moment and live paycheck to paycheck.

I wanna send a DV letter but they say by tomorrow they'll "consider other options" so I don't even know if I have time to do that. I really would like nothing more than to just deal with this loan like you would normally with an undefaulted student loan. I called Citibank out of desperation if they would take back the debt and they gave me an address to write a letter to.

Is it even possible to negotiate a reasonable payment plan from the collectors? I just don't have several grand lying around right now.

ohnobugs
Feb 22, 2003


lizardman posted:

Oh Jesus. I don't know where to go with this, here or the student loans thread or E/N.

Got a call yesterday from a collector saying I defaulted on a private student loan from Citibank that I thought had been discharged from a bankruptcy (I know I'm stupid for thinking this, it was listed among items that were discharged and unlike Sallie Mae I had never received a subsequent letter saying I still owed; and whenever I logged in to Citi's website it said "account unavailable due to death/bankruptcy/etc." and I thought that was that).

They want a lump sump of $8000+ or I give them about $5000 and then I can make payments afterward. Yeah.... I can't do this. I don't even work full-time at the moment and live paycheck to paycheck.

I wanna send a DV letter but they say by tomorrow they'll "consider other options" so I don't even know if I have time to do that. I really would like nothing more than to just deal with this loan like you would normally with an undefaulted student loan. I called Citibank out of desperation if they would take back the debt and they gave me an address to write a letter to.

Is it even possible to negotiate a reasonable payment plan from the collectors? I just don't have several grand lying around right now.

IANAL, but first of all you need to stop dealing with them over the phone. Nothing is going to happen in a day. Also, they can't threaten legal action without following through, this guy is just trying to scare a payment out of you. Some of those phone operators work on commission, and they will say anything to get you to make a payment. Only communicate with them in writing, otherwise any agreements or arrangements you make never happened. You can try and get their address from a phone rep, but it would be easier to get a copy of your credit report. That will have whatever collections agency has the debt and it should give you their mailing address. Trust me, you have more options than whatever the schmuck on the phone is telling you.

lizardman
Jun 30, 2007

by R. Guyovich
^^^ Reading into this more, apparently Citibank student loans automatically default when bankruptcy is declared. Well, at least I don't have to admit that I just assumed it got taken care of by the bankruptcy...

BonerGhost
Mar 9, 2007

I know that student loans can't be discharged in bankruptcy, but I always assumed that was for federal loans. If you have a private, unsubsidized loan, is it still immune from bankruptcy?

Big Taint
Oct 19, 2003

Yes, unless you can demonstrate that it is an undue hardship to have to repay it, which basically means permanent disability preventing you from working again, ever.

Skandiaavity
Apr 20, 2005

NancyPants posted:

I figured someone should try to step up and help because I'm seeing pages and pages of questions and curiously, no loving answers or even suggestions by the person who started this thread. It's become a black hole of debt collection questions and no guidance.

Thanks. Your counsel is actually helpful on the first two.

For my first item, the debt is only $600. So even 1 violation (worth $1k) would vastly eclipse it. the good news is I just checked my reports on truecredit and .. the item is not there at all, it's just not there on all 3 reports... Maybe I did not need to do anything, but I have this on the back of my mind in case it comes back up. Am I suppose to get a letter from them or something? It has been soon 3 months but I have not received anything.

for the 2nd item i will do that. I figure maybe being nice and saying "hey you guys might have made a mistake, please fix this. or else." Is 15 days too little time or do I actually need to give them the 30? I'm probably being hasty, but I would like to fix this poo poo ASAP than later. (My understanding is "it takes awhile")

for the 3rd thing, yes I have hard, printed out copies of credit reports annually. In each date the "date last reported" changes (all 3 bureaus report a different number during different times). The date "first reported" just varies among the bureaus... I am not sure what that means (is it the date first reported? last reported?) It is interesting you note that, because if it is the date of last payment - there was an issue with their billing system, and I know the last payment I made was not what they are reporting. Is this grounds for removal? (I understand you're not a lawyer, but really in these cases any kind of advice usually helps, even if it's up to the person to follow it or not. A lot of "fix your credit!" sites aren't lawyers, either)

My apprehension on the 3rd one is the SOL is coming up (2015). But what irks me is they have been relatively quiet about it. I am figuring to let sleeping dogs lie but it's a substanstial amount (about $10k). I figured they would be aggressive about a debt that size.. removing them would see my credit score shoot up probably 80 to 100 points (literally the only debt I've got on there) so yeah i have a huge incentive.

Kilo147
Apr 14, 2007

You remind me of the boss
What boss?
The boss with the power
What power?
The power of voodoo
Who-doo?
You do.
Do what?
Remind me of the Boss.

Serious question. Why don't these bastards leave messages? I'm getting now...10-25 calls a day between scammers and them, and nobody leaves a goddamned message.

Skandiaavity
Apr 20, 2005

7thBatallion posted:

Serious question. Why don't these bastards leave messages? I'm getting now...10-25 calls a day between scammers and them, and nobody leaves a goddamned message.

I think they can't, or they won't because if they do, maybe they'll violate the law. I recall reading something that they can only state specific things, like "hello is this <name>, please contact us back ASAP it is urgent" and not that it is a debt collection or something. If they disclosed something to the wrong person you could sue them.

If you already told them to stop calling you and you can prove it's them, then IIRC that's $1000 violation per call..

Kilo147
Apr 14, 2007

You remind me of the boss
What boss?
The boss with the power
What power?
The power of voodoo
Who-doo?
You do.
Do what?
Remind me of the Boss.

Skandiaavity posted:

I think they can't, or they won't because if they do, maybe they'll violate the law. I recall reading something that they can only state specific things, like "hello is this <name>, please contact us back ASAP it is urgent" and not that it is a debt collection or something. If they disclosed something to the wrong person you could sue them.

If you already told them to stop calling you and you can prove it's them, then IIRC that's $1000 violation per call..

It's still in the hands of the Original Creditor. I cant do poo poo. It just irritates the hell out of me.

an audible groan
Jan 2, 2005
NICE TRY SUCKER
I sent off a DV letter to a collector, and the materials they responded with don't even approach what I expected in a validation or what I asked for explicitly in the DV. In fact, all they sent was an account number from the original creditor and a 3 item breakdown of the damage: PREMIUM, INTEREST, and FEES, and a statement that they don't understand what my dispute is.

My next letter is just basically a repeat of the items they need to send, right? Proof that they're a licensed collector and legally allowed to collect in my state, documentation from the original creditor, proof that SOL isn't out etc.

Am I correct in assuming that the clock (30 days from receipt of the DV) is already ticking in regards to their supplying the originally requested validation materials?

e: Do I even have to reply to anything that isn't a satisfactory validation of the alleged debt? I'm not averse to taking this to court eventually, but I don't want to hurt my (possible) case.

an audible groan fucked around with this message at 03:27 on Jun 30, 2011

Skandiaavity
Apr 20, 2005

7thBatallion posted:

It's still in the hands of the Original Creditor. I cant do poo poo. It just irritates the hell out of me.

I think if you let them know that, there's poo poo they can do. If you let them know to stop contacting you via phone and only via mail, etc. Even if that, they're not allowed to tell others they're collecting a debt for xyz, amount $$, etc. Even if they are the OC they still have to follow the federal laws, I don't believe they were written in mind with simply collection agencies; it's all debt in general.. I understand they want their money, but it's also on them to respond to you if you're in communication. They can't keep calling you 100 times when you politely asked them not to via a letter that you can confirm they received and wished for written correspondence only, they have to follow that as well, OC or not. The OC has a bit more rights granted to them is my understanding, but they still can't call 10 times a day, they are like everyone else, limited to calls per day in volume and in time.. if not, that's harassing you. which is also against the laws.

Basically, start documenting everything when you've got a substantial amount (say 1.5x your debt), hit them with all the violations thus far and do what another poster reccommended to me - ask them to delete the debt, permanantly, over all 3 bureaus, in exchange for you dropping any potential lawsuit that would contain violations from xyz.

Skandiaavity
Apr 20, 2005

an audible groan posted:

I sent off a DV letter to a collector, and the materials they responded with don't even approach what I expected in a validation or what I asked for explicitly in the DV. In fact, all they sent was an account number from the original creditor and a 3 item breakdown of the damage: PREMIUM, INTEREST, and FEES, and a statement that they don't understand what my dispute is.

I shouldn't really be involved as much, but per the usual disclaimer since the OP isn't answering - i had a situation similar to yours, but the validation issue is left open in the laws. there is no clear answer to this. So in your mind what constitutes validation does not always agree/compute with what "is" validation. In my case, i requested probably everything under the sun down to the original contract agreements, with my signature on them, etc.. If they have an account number that matches you, say with your SSN and address, with some numbers, that can possibly be a validation. If it's not you who owns that debt, then that's identity theft and you can dispute it on those grounds..

As for taking it to court it could not hurt your case. If you are not satisfied with that answer then get a more straightforward one. I believe you do have a right to know if they're licensed to collect in your state - but you can also check this yourself - and (i believe they've given you their documentation from the original creditor). You can also find out about the SOL yourself, and are somewhat expected to; it varies by state.

What I would do in your case, is research the SOL first. If it's out of SOL, That's when you hit them with a letter stating a few things:

1) you are not sure what those 3 lines are. Ask them for additional documentation that proves it's your debt. for example, a contract in your name, (sounds like a credit card, so purchase history? bill? invoice? anything?). Don't go over the top with this.

2) state your reason for #1, that you are not clear on the documentation they sent you. make it short and simple. tell them that for their information, you dispute this because of the same reason.

3) If it's out of SOL, politely ask them to cease activity and that they can't continue collecting on the SOL, and them continuing to do so is pursuing whats called a zombie debt. (This just means they can't sue you, but they can continue to collect on you.)

4) whether it is or isn't out of SOL, offer them like 50% of the value of the debt for a pay4delete and be done with it.

5) state in your letter, in the bottom that it's not a refusal to pay, admission of debt, or permission to check or insert items on your credit reports. You consider this a follow up to the validation letter you sent on [date].

give them 30, not 15, days to answer. and since they responded the 30 day clock doesn't count, but you have additional evidence to help your case that they did not supply the necessary requested information....

if they can't validate and the credit bureaus seem tothink they do, then you can go after the credit bureaus for defamation of character

Femur
Jan 10, 2004
I REALLY NEED TO SHUT THE FUCK UP
I have a quick question. How can you tell if your debt has been sold? Will your credit report show the new owners or will it still show the OC on the report?

ohnobugs
Feb 22, 2003


Your credit report should show the new owners, though most places will only update info with the credit bureaus once a month, and some will only report regularly to say Equifax and will be slow to update with the others.

I Wish I Was
Dec 11, 2006

I saw this at the bookshop and thought of you.

Skandiaavity posted:

I think if you let them know that, there's poo poo they can do. If you let them know to stop contacting you via phone and only via mail, etc. Even if that, they're not allowed to tell others they're collecting a debt for xyz, amount $$, etc. Even if they are the OC they still have to follow the federal laws, I don't believe they were written in mind with simply collection agencies; it's all debt in general.. I understand they want their money, but it's also on them to respond to you if you're in communication. They can't keep calling you 100 times when you politely asked them not to via a letter that you can confirm they received and wished for written correspondence only, they have to follow that as well, OC or not. The OC has a bit more rights granted to them is my understanding, but they still can't call 10 times a day, they are like everyone else, limited to calls per day in volume and in time.. if not, that's harassing you. which is also against the laws.

Basically, start documenting everything when you've got a substantial amount (say 1.5x your debt), hit them with all the violations thus far and do what another poster reccommended to me - ask them to delete the debt, permanantly, over all 3 bureaus, in exchange for you dropping any potential lawsuit that would contain violations from xyz.

Nope. Federal laws do not apply to OCs. There are lots of states that say that the FDCPA applies to OCs, though, so if you live in one of those then yes you can document violations. If you don't live in one of those states then you pretty much just ignore the OC until they sell it to a CA and go from there.

Kilo147
Apr 14, 2007

You remind me of the boss
What boss?
The boss with the power
What power?
The power of voodoo
Who-doo?
You do.
Do what?
Remind me of the Boss.

So I've been unemployed for the last month and my financial reserves are down to a twenty dollar bill for food this month. I just got a callback on a job app I put in a while back. My minimum payment is over $1,000 and best I can tell, Macys is really loving pissed at me.

How would getting a job gently caress me over? It's a bank job to boot, would it actually be a bad idea to get a job? How much can they gently caress me over? Do I be brutally honest with them or keep ignoring their calls?

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URL grey tea
Jun 1, 2004

IT'S A SAD THING THAT YOUR ADVENTURES HAVE ENDED HERE!!

7thBatallion posted:

So I've been unemployed for the last month and my financial reserves are down to a twenty dollar bill for food this month. I just got a callback on a job app I put in a while back. My minimum payment is over $1,000 and best I can tell, Macys is really loving pissed at me.

How would getting a job gently caress me over? It's a bank job to boot, would it actually be a bad idea to get a job? How much can they gently caress me over? Do I be brutally honest with them or keep ignoring their calls?

If it is a significant amount of debt (over $2k) they may attempt to garnish you if you tell them where you work. Even if you say you are employed they may run your name through third party HR agencies looking for a match. Play it safe.

URL grey tea fucked around with this message at 00:51 on Jul 1, 2011

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