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baquerd posted:What's your objective? To make them disappear. Are the rules different when dealing with a CA who is working on behalf of the OC and doesn't actually own the debt? I can't contact the OC unless I go by mail, and I'm pretty sure that a flat out cease-and-desist to the CA is going to result in legal action from the OC in a month or however quickly they can do it. CA doesn't want to start a payment plan which would stop collections without a large down payment which I simply can't afford. I wouldn't care about legal action if they weren't holding my cosigner hostage, who I can't buy out without 40% down. Have received no mail from the CA, who claims they have sent letters since March (crock of poo poo). CA tells me they might be easy to miss because they don't have return addresses on the outside to protect my personal info blah blah blah. Joke's on them, I had medical bills with no return address around that time, so I've been opening all my unmarked mail. No letters from these guys. I've requested a dunning letter (didn't call it that on the phone). We'll see if it ever arrives. CA is not reporting to Transunion, and I checked Equifax in May and am fairly sure they weren't reporting to them at that time either. I've received no mail from the CA. As far as I can tell, my relationship is with the OC. My intention is to send payments directly to the OC, which may not stop collection efforts but will demonstrate me trying to take care of the debt. The debt is not going to go away, and it's not going to be possible to dodge it until the SOL. Anyone have any better ideas?
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Jul 28, 2011 01:03
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Just curious, is the OC in this case Capital One? Anyway if this CA is a law firm representing the OC they will fall under the FCRA and not the FDCPA. In some states they will still have to abide by some or all of the FDCPA regulations, in many they will not. However if this debt has been assigned to this collections agency, instead of being sold outright, and they are not a law firm representing the original creditor they will still fall under the FDCPA. I am not an expert of course. Another thing, any payments you make on this debt re-ages the debt to the date of last payment. So if your last payment was say two years ago, that resets the statute of limitations on its collectability. If you want to take care of it with the OC I don't suppose that matters anyway, you can always contact the OC and ask about a repayment plan.
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Jul 28, 2011 01:16
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So this was a strange day. I got a call from some random number about my Macys card. I told them that I am unemployed, am in poor health, and have no money to my name. They made a note in my account to hold off calls for a week. Five minutes later another call. I went through the same routine. Ten minutes later another call. this one from a new number. Thirty minutes later, another call, this time reading as being from a different state. So I called looked up the numbers on the internet, and they have called people with no credit cards, businesses, and anyone else, upwards to 60 times a day and are generally reported as scams. I then called Macys and demanded to speak to someone in account security. He never gave his name, but he spoke perfect English and there was no chatter in the background. We had a brief talk, and he explained that the calls are made by computer with a person on the other end waiting for someone to pick up before they say anything, and that they hang up automatically when it goes to machine. He would not give me the individual numbers that called me, but confirmed the times that the calls came. So now I know that Macys, when you are 4 months delinquent, uses upwards of a dozen different numbers, ranging from local to out-of-country, and are dialed by computer, with a person on the other end. To quote Kyle Reese, "It can't be bargained with. It can't be reasoned with. It doesn't feel pity, or remorse, or fear. And it absolutely will not stop, ever, until you are dead." Learn my lesson Fellow goons. Store cards are the devil. Edit! They just called me for the ninth time. Three minutes past 8. Is that past the federally set times? Can I start racking up complaints? Kilo147 fucked around with this message at 04:04 on Jul 28, 2011 |
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Jul 28, 2011 03:02
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AuntBuck posted:Just curious, is the OC in this case Capital One? Anyway if this CA is a law firm representing the OC they will fall under the FCRA and not the FDCPA. In some states they will still have to abide by some or all of the FDCPA regulations, in many they will not. However if this debt has been assigned to this collections agency, instead of being sold outright, and they are not a law firm representing the original creditor they will still fall under the FDCPA. I am not an expert of course. Not CapOne, it's our gal Sal. It's not a law firm representing them, so I'm good there, and I think it's just been assigned to this CA. When I call the OC, they actually route me on the phone right to the CA, so my only way to contact the OC is through mail or to send payments directly to them, which I intend to do. The CA agent keeps bringing up these "offers" that she doesn't have the authority to execute, yet they curiously will "probably" only last until "the end of business". I'm not accepting any offer from the CA without anything on paper, but I think if I send payments to the OC, that's going to go a long way toward showing that I am trying to take care of the debt in the case of legal action. The main reason it's gotten to this point is the previous CAs dealing with this always wanted to set up a payment plan, but they always wanted several hundred dollars up front. I never considered just cutting them out of the deal and sending money directly to the OC. I think if I'm sending the OC payments according to the terms they state on my credit report that it will probably stop collection calls. At the very least, it demonstrates willingness to pay. Any young folks reading this thread for advice on debt: if you absolutely don't want to go to college right away and all the adults you know insist that you have to, go to a loving community college. At least if you drop out from that you're only in the hole a couple K.
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Jul 29, 2011 02:49
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753951 fucked around with this message at 18:40 on Nov 8, 2013 |
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Jul 31, 2011 00:55
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^ The collector will have to sue you and get a judgment against you before it can begin garnishing your wages. If you're still concerned about your credit at this point it'd be better to just make payments on your own accord because no matter what, it is your debt, too. Talk to your lawyer, maybe you can sue your wife or something.
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Jul 31, 2011 03:08
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NancyPants posted:Not CapOne, it's our gal Sal. How many days delinquent are you with Sallie Mae? I'm curious because I'm about 550 days delinquent on my loan, and they call me like clockwork at 8pm every night, but so far no CA or lawsuit or anything. Big Taint fucked around with this message at 14:45 on Jul 31, 2011 |
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Jul 31, 2011 14:24
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lizardman posted:^ The collector will have to sue you and get a judgment against you before it can begin garnishing your wages. If you're still concerned about your credit at this point it'd be better to just make payments on your own accord because no matter what, it is your debt, too. Talk to your lawyer, maybe you can sue your wife or something. Or include them in the divorce decree. Which still won't let you off the hook as a co-signer, but makes it easier to get the money from her if she fails to pay. Talk to your lawyer. I assume you have one for the divorce since it doesn't sound like an amicable split. Determining the split of assets and liabilities from the marriage is part of what he/she's supposed to be helping you with.
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Jul 31, 2011 15:42
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I have a second court date tomorrow in my credit card lawsuit. First date was in early June and, based on the cardmember agreement they included in the complaint, I talked to their lawyer and asked about settling (starts at 80% apparently) and then said I was electing arbitration. He said he had never heard of that before and that it wasn't an option - he was going to ask the judge to set a date for trial. When we talked to the judge I explained I elected arbitration, and showed the judge the nearly illegible copy of the agreement they sent. He was a bit dumbfounded because it's so unreadable (the crucial clause was in all caps so I could just make it out) and allowed me to make a motion for discovery to sort out the issue, and set a trial date for tomorrow. The clause seems to be of the "once elected by any party, the issue must be taken out of court system" type. I received their response and there's several interesting parts to it, I need a little help corralling my arguments and their order. An affidavit says that the account was obtained online and that therefore, there is no physical copy of an application to apply. In lieu, they have provided screenprints of the "most current card member information" they have. Contracts must be signed and you usually have to type out your name to do it online - don't they need something other than account information? I'm in Illinois and I believe they need a signed agreement to prove their case. The only other thing included is a bunch of old statements. Now, they not only did not include a signed contract, but they also did not include the document that triggered the discovery motion: a legible copy of the cardmember agreement, which I planning to use to move the action to arbitration. So how should I go about this and what should I expect? Supposedly the trial is tomorrow, but given some of the issues above, could it be continued to another date until the unresolved issues are solved? Am I too late for the arbitration angle? There is no time or date included in the clause. If I elect arbitration and the judge agrees it's a legitimate clause, can we drop the legal action right there in court? Or should I drop the arbitration angle, push forward tomorrow and try to end it right there because they don't have a signed contract?
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Aug 1, 2011 22:14
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Thanks in advance to anyone who has any advice for me. Hell, thanks in advance to anyone who reads this entire post  This is a story about how I was in a car accident. It was a bit over seven months ago and my My Insurance denied my claim. I only had liability insurance; it was denied due to a technicality. The accident happened while I was at work (this will be important later). I was in contact with both My and the Otherguy's Insurance. I then hear nothing for over three months. Until I get a call from Otherguy's Insurance asking how I want to pay the more than eight thousand dollars they gave Otherguy to fix his car. I should note here that I assumed my employer's insurance* had taken care of this. My mistake was not checking up enough with the HR person at my job who said everything would be taken care of (spoiler: Mr. HR hadn't taken care of it). So I sit down with Mr. HR and give him all the contact information for My Insurance and Otherguy's Insurance. This happened within a week and a half of May 10, which is the date of the letter from Otherguy's Insurance saying they were contemplating filing suit against me within 20 days if they didn't hear from me. Since then I have not been contacted by Otherguy's Insurance. I called them a week or two after giving Mr. HR their info, and they confirmed they had the information for my employer's insurance (I would need to look at my phone records to verify the date for this). I also called them early last week, and I made sure to write down that the woman who I've been dealing with the whole time (same lady) told me "we received payment from your insurance company" and that the claim was...closed? I don't know the jargon, but she told me they'd been paid and everything was OK on their end. Now comes the fun part. I received a letter today from a law firm who, on their website, say they are "providing collection services and legal representation to creditors". They claim to be representing an insurance company I have never heard of. Some quick Web searching tells me that Otherguy's Insurance is based out of Connecticut, and this one is owned by a Japanese company. Yet they say I owe exactly the same amount Otherguy's Insurance did. Hmm. I will also note that the postmark on the envelope is from a few days ago, but the letter is dated over a week before that. Did my employer's insurance pay the claim and is now sending me the bill? Or perhaps the lady at Otherguy's Insurance didn't give me accurate info and they actually passed the claim off to their indemnity insurance? (The company referenced in the collectors' letter has "indemnity" in the name.) I did call Mr. HR at my job and leave a voice-mail asking if there were some things that I had maybe not been told about the status of all this stuff. My plan right now is to send the collection firm a letter disputing the debt, as well as asking that they send me the name and address of the original creditor (their letter says they will do this "if different from the current creditor"). Is this an OK plan? Also, should I call Otherguy's Insurance first and ask again about the claim? I learned today that I live in a state with "one-party consent" for recording phone calls, so I think it might be good evidence to have them confirming that they have been paid. I'm also concerned that sending the letter first could tip my hand (which could be important if anything shady is going on). * I am unsure exactly how this insurance works. It was explained to me, but not in very much detail.
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Aug 1, 2011 23:12
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Enderzero posted:I have a second court date tomorrow in my credit card lawsuit. First date was in early June and, based on the cardmember agreement they included in the complaint, I talked to their lawyer and asked about settling (starts at 80% apparently) and then said I was electing arbitration. He said he had never heard of that before and that it wasn't an option - he was going to ask the judge to set a date for trial. When we talked to the judge I explained I elected arbitration, and showed the judge the nearly illegible copy of the agreement they sent. He was a bit dumbfounded because it's so unreadable (the crucial clause was in all caps so I could just make it out) and allowed me to make a motion for discovery to sort out the issue, and set a trial date for tomorrow. The clause seems to be of the "once elected by any party, the issue must be taken out of court system" type. You may want to find some free legal counsel ASAP if you want to get this into arbitration. If you want to elect for arbitration you may need to file some paperwork and you want to make sure you're filing everything correctly. If you do that and the creditor/CA doesn't, like with the poor copy of the cardholder agreement they sent you, it won't win your case but at the very least it makes you look like the more responsible party. The card companies have been dropping their arbitration clauses because arbitration no longer works in their favor the majority of the time. I believe you can elect for arbitration at any time, but again that will depend on where you are, I'm not a lawyer, etc. Also, any generic agreement is not the same thing as the original cardholder agreement. Make them prove it's valid. Any idiot can download a PDF of a generic agreement. Why does this one apply to you?
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Aug 1, 2011 23:45
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My wife got a letter in the mail informing her that an unpaid bill (around $700) from her last semester of college was sent to a collection agency. She dug through her mail and did find a letter (dated June 27th) stating that this account would be sent to collections if it wasn't paid off soon enough. She got that letter in mid-July, and a week later the debt was apparently sold off to the CA. How do we start this off? DV letter sent certified mail?
DizzyBum fucked around with this message at 16:53 on Aug 2, 2011 |
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Aug 2, 2011 16:39
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DizzyBum posted:My wife got a letter in the mail informing her that an unpaid bill (around $700) from her last semester of college was sent to a collection agency. She dug through her mail and did find a letter (dated June 27th) stating that this account would be sent to collections if it wasn't paid off soon enough. She got that letter in mid-July, and a week later the debt was apparently sold off to the CA. How do we start this off? DV letter sent certified mail? Are you able to pay it? Has the CA contacted you? If you can pay it and the CA hasn't contacted you (and the notification letter doesn't tell you differently), just pay the college (and keep proof of the payment).
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Aug 3, 2011 20:35
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We can't pay it in full right now. The CA has contacted us - we got a letter in the mail from the CA (not the college) to the effect of "Please be advised, our client Blah Blah College has referred your account to us for liquidation" etc.
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Aug 4, 2011 01:45
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I've found out that, yes, the insurance company behind the debt collection letter I referenced in my previous post is indeed an insurance company of my employer. I also learned that, according to some guy at my state's Dept. of Commerce, since the "debt collector" in this case is a law firm, they don't have to be licensed as a collections agency.* To recap: 1. My employer's insurance company pays claim to insurance company of the other driver I was in an accident with. 2. My employer's insurance has never contacted me, ever. 3. I get a letter from a law firm saying they have been retained by my employer's insurance with regard to "its claim against you for damages". The dollar amount is exactly the same as what Otherguy's Insurance said they had paid to get his car fixed. And now I've been asked by Mr. HR at my job to send them a copy of the debt collection letter. This is a bad idea, right? I'm terrified that if I send them a copy, they will say something to these lawyers that (inadvertently or otherwise) makes my case a slam-dunk. If this happens, I'd be in a very bad spot ohcrapwhatshouldidooooo Seriously though, if anyone has any advice at all, even if it's just "calm down", I'd really appreciate it. * I was disappointed when I learned this, because if they had to follow those rules, they would've already broken several 
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Aug 4, 2011 22:50
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I just got a letter from the lawyer for Citibank. They won a summary judgement from me like a years ago, that I didn't even know about until I checked my credit a few weeks ago. I've been trying to find out what legal remedies I can pursue. Well the letter offices me a settle of less than what they won, and I am willing to pay the lump sum offered. My question is, what should I request from them in order so this summary judgement is no longer on my credit report, or at the least minimized? Is it the same request as to creditors, ie to remove the item from the credit agencies? What kind of protection will I need so that my payment is not "lost"
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Aug 4, 2011 23:21
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Femur posted:I just got a letter from the lawyer for Citibank. They won a summary judgement from me like a years ago, that I didn't even know about until I checked my credit a few weeks ago. I've been trying to find out what legal remedies I can pursue. If I weren't in a charitable mood, I'd tell you to just read the thread, since this has been covered many times over. Tell them that you want to "pay for delete" (PFD) and make sure you have their agreement signed, in writing. Pay with a cashier's check. Mail everything certified mail with return receipt.
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Aug 5, 2011 01:24
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Femur posted:I just got a letter from the lawyer for Citibank. They won a summary judgement from me like a years ago, that I didn't even know about until I checked my credit a few weeks ago. I've been trying to find out what legal remedies I can pursue. Also get it in writing that this account will be settled in full, so that in the future they won't come after you for the rest of the balance or sell the rest of the account to another CA.
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Aug 5, 2011 01:53
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AuntBuck posted:Also get it in writing that this account will be settled in full, so that in the future they won't come after you for the rest of the balance or sell the rest of the account to another CA. Also, try to get this letter scanned and online/on your computer (or better yet, both) so you can pull it up easily. If you only have a hard copy and you lose the hard copy, you don't have proof.
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Aug 5, 2011 16:00
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Big Taint posted:If I weren't in a charitable mood, I'd tell you to just read the thread, since this has been covered many times over. I'm not sure a full delete is possible here. It's a judgement from a court, not a collections agency report of a delinquent account. Don't the credit agencies pull those directly from the public records and not from the collection agencies? If it's reported by the collection agency as an outstanding debt as well as being a judgement against him, you might get that part deleted, but I don't think that'd affect the public record piece. You'd have to get the judgement vacated to get it off the public record part of the credit report, and that seems challenging, especially if you want to do it without lying to a judge (which seems like a pretty bad idea).
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Aug 5, 2011 22:57
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If there was a judgement, you probably can't get that off your record. But the CA is probably also reporting, so he would still want a PFD from them, and a letter saying such and that the account is paid in full, judgement fulfilled, whatever the legalese is. A cursory Google search should turn up a nice form letter. With that letter in hand, just wait for some other jackass CA to get the spreadsheet with his name on it and try to collect it, hit them with that letter, and wait for them to violate/sue, then countersue and profit.
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Aug 6, 2011 20:15
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Going to trial tomorrow, being sued by Capital 1. Wish me luck!
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Aug 10, 2011 05:01
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Sent my DV letter today 
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Aug 10, 2011 05:07
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So I sent a DV letter for the wife on some medical debt.. which never hit Credit report oddly.. we disputed an report from some agency on her credit reports and then it got taken off, no DV was done on that (t mobile 50 buck debt that wasn't even owed to tmo sent disputes to TU and Equifax) waiting on responses.. Now I have a question.. we have a thing on her report showing from IC Systems for an cat/vet "health plan" debt. Its still showing on the credit report. However we stopped getting any calls or mailings from them.. We never did any DV.. Should I attempt to have them verify the debt again and if they fail to within say 30d file dispute with the Cred Agencies its on (Transunion and Equifax)?
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Aug 10, 2011 05:44
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Any tips on hiding/keeping money from collectors? I haven't been taken to court but it would be nice to have a contingency plan if it goes there. Apparently Delaware provides pretty strong protection against bank levies from creditors. I don't live there, but how tough is it to get an out-of-state bank account? Any Delaware goons know of any good local banks (obviously looking for strong online banking capabilities)?
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Aug 11, 2011 02:07
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lizardman posted:Any tips on hiding/keeping money from collectors? I haven't been taken to court but it would be nice to have a contingency plan if it goes there. Apparently Delaware provides pretty strong protection against bank levies from creditors. I don't live there, but how tough is it to get an out-of-state bank account? Any Delaware goons know of any good local banks (obviously looking for strong online banking capabilities)? I'm not really suggesting this but there's always: http://www.firstdata.com/moneynetwork/
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Aug 11, 2011 02:25
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If I've been dodging credit card collectors for a while (even years in a couple cases), is there a way to check if they've taken action against me? They don't have my address so there wouldn't be a way for them to mail me anything or find me. I'm just applying for new jobs and I'm wondering if this would show up in a background check. I plan on resuming payments again when I get a job but I'm worried this might prevent me from getting hired anywhere.
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Aug 11, 2011 08:06
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Subderisorious posted:If I've been dodging credit card collectors for a while (even years in a couple cases), is there a way to check if they've taken action against me? They don't have my address so there wouldn't be a way for them to mail me anything or find me. Pull your free annual credit report. http://www.annualcreditreport.com/ That's the financial info they'll be able to generally see if you authorize them to do a check.
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Aug 11, 2011 13:07
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My situation is quite different than what this thread is intended for but reading the first few pages got me worried I've done something wrong. I am owed $1k by a former landlord. I sued in small claims court for non-payment of security deposit, he didn't show up so I won a judgment against him. The sheriff was unable to serve him. I found out through the grapevine that the defendant filed for bankruptcy (chapter 13 - apparently he had bigger fish to fry) so I did some research and filed a Proof of Claims on his case, so he has to pay me before his bankruptcy is resolved. As the creditor (is that even the correct term here?) did I make a mistake by trying to collect when the defendant had not been properly served?
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Aug 11, 2011 23:01
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AuntBuck posted:Going to trial tomorrow, being sued by Capital 1. Wish me luck! For card debt? Cap One sold my jazz to NCO. Who sued you? How did it turn out?
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Aug 12, 2011 06:43
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theDoubleH posted:As the creditor (is that even the correct term here?) did I make a mistake by trying to collect when the defendant had not been properly served? I'm pretty sure he can get the judgement vacated if he hadn't been served?
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Aug 12, 2011 11:33
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Just to clarify, he was properly served with the summons (he contested the suit), but not with the judgment. Sorry if I'm confusing terms here, I'm clearly in over my head. Just hoping to get my money back as I'm a broke grad student. Also how am I supposed to serve him anyway? He won't accept the certified mail I send, answer the phone, etc. He rented out where he used to live and the tenants say they only see him when rent is due. Should I be hang out in the building for the first few days of the month until he shows up, then give him the judgment? I definitely won't be able to get him to sign anything. SurgicalOntologist fucked around with this message at 14:38 on Aug 12, 2011 |
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Aug 12, 2011 14:35
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Woodsy Owl posted:For card debt? Cap One sold my jazz to NCO. Who sued you? I chose to settle last minute rather than go to trial, and I think in my case that was a good choice. It was Capital One. theDoubleH posted:Just to clarify, he was properly served with the summons (he contested the suit), but not with the judgment. Sorry if I'm confusing terms here, I'm clearly in over my head. Just hoping to get my money back as I'm a broke grad student. Check your local laws regarding the subject. Some states will allow you to serve via publication, like taking out a classified ad in the paper. Since he's playing hard to get, if you do that and you have a returned, unsigned certified mail slip that may be enough. Again, this will depend on where you are. ohnobugs fucked around with this message at 19:01 on Aug 12, 2011 |
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Aug 12, 2011 18:56
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Question here: A friend of mine has a BoA credit card with about $1700 on it that she's been making payments on for a long time, but the interest rate is astronomical and she also has to pay a crapload for (private) college loans. This leads to a situation where it is nearly impossible to actually pay down the card, because she doesn't have enough money to do anything but keep making near minimum payments against the interest. I'd tell her to take the route many have taken previously in this thread, but she's living and working out of the country now while still barely making ends meet, so its not like she can return to America to go to any court hearings. Does she have any options here other than being kept in a permanent debt cycle?
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Aug 13, 2011 09:56
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Mercury_Storm posted:Question here: How is her credit score? Depending on the interest rate & her credit score, she might be able to balance transfer some or all of that to a less-lovely card.
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Aug 13, 2011 13:18
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lapse posted:How is her credit score? She's had a lot of trouble making payments on her loans and card frequently because its all just too much to pay, so her credit score is pretty low she says. She used to have two credit cards, and the other one went into collections for a while before her dad was nice enough to pay it off for her, but he's not well off financially either so she can't except that to happen again. She also has a $500 debt to a dentist because her mom told her she was still covered on her insurance when she actually wasn't, too. Mercury_Storm fucked around with this message at 14:56 on Aug 13, 2011 |
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Aug 13, 2011 14:51
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fordan posted:Pull your free annual credit report. http://www.annualcreditreport.com/ I know what it's going to say about my credit score and that's why I'm worried. If I've been dodging calls from collectors for YEARS because I haven't had enough money to live off of, let alone pay bills, I'm curious what action they can take against me. Is there a way to find out if they've tried to sue me and just haven't been able to find me to give me the paperwork? I've moved so much that no one has my number or address.... I just want to know if after a 2-3 years of no payments, are my potential employers going to see outstanding warrants for my arrest when they do a background check? I don't really know what steps debt collectors take after they can't get a person by phone and no payments are being made.
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Aug 14, 2011 00:51
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Subderisorious posted:I know what it's going to say about my credit score and that's why I'm worried. If I've been dodging calls from collectors for YEARS because I haven't had enough money to live off of, let alone pay bills, I'm curious what action they can take against me. Is there a way to find out if they've tried to sue me and just haven't been able to find me to give me the paperwork? I've moved so much that no one has my number or address.... Your credit report will tell you if there have been any judgments against you reported. I don't know any other easy way to check that info.
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Aug 14, 2011 01:09
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As a rule of thumb, if the debt holder is the original creditor, and they retain local counsel to sue you, they are less likely to take substantially less than you owe to settle, correct? Are they still fairly motivated to settle to avoid the further costs incurred in prosecution? I feel like the third-party junk-holding collectors would be more willing to take something, anything, than the OC.
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Aug 14, 2011 01:14
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beergod posted:As a rule of thumb, if the debt holder is the original creditor, and they retain local counsel to sue you, they are less likely to take substantially less than you owe to settle, correct? That's generally how it goes. They're more likely to have the info they need to get a judgement against a person than a junk debt buyer who has copies of copies of copied info, assuming they have anything more than an account number and a balance. If you want to settle, sooner is better than later. If the OC feels they can get a judgement for the full amount they may not settle, or at least not for a reasonable discount. Trying to settle is better. If you go to trial and lose you will probably have to pay the other side's lawyer and filing fees, and the judgement amount can be subject to an obscene APR until the balance is paid off.
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Aug 14, 2011 09:16
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