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cr0y posted:Are there any clauses I can add to a DV letter that might increase my chances of the collector loving up and having to drop the debt? I have heard adding things like "this must be completed within X days, etc". Debt in question is about $700. I don't think you can time-bar their response, they can do it indefinitely (within the statute of limitations), but ANY attempt by them to collect without validation is a violation. So it's safe the assume that if they CAN validate they will do it sooner rather than later, but you're never truly safe until the SOL runs out. My experience has been that I will get the Dunning letter and a smattering of phone calls, send a DV letter, and never hear from them again.
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Feb 13, 2012 22:10
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Big Taint posted:I don't think you can time-bar their response, they can do it indefinitely (within the statute of limitations), but ANY attempt by them to collect without validation is a violation. So it's safe the assume that if they CAN validate they will do it sooner rather than later, but you're never truly safe until the SOL runs out. If I never hear from them again what technically happens to the debt?
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Feb 13, 2012 22:21
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cr0y posted:If I never hear from them again what technically happens to the debt? You dispute with the CRA and if they verify without validation, it's a violation. Otherwise save the green card for when they try again in a couple of years.
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Feb 13, 2012 23:02
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I forgot to update my story, and to say thanks to everyone who helped me and to everyone who has posted useful links and information. So here we go: I sent my DV letter in August, for an insurance claim that I had paid but (apparently) was sent off to collections anyway. Then I waited a couple weeks and heard nothing. So I went to see some volunteer lawyers and they patted me on the head and told me I had done a good job. They also told me what to do next. In my DV letter I specified they were to get back to me within thirty days to either validate their poo poo or piss off. So after a month had gone by I sent them another letter saying they were violating the FDCPA and if they didn't respond I would file suit against them. I was a little lazy after this, and didn't promptly file suit on day 31 after they received it, but in October I got a letter in the mail that made my day. Here was a letter from this Big National Law Firm, hand-signed by one of their attorneys, saying  oh god we made a mistake please accept our most sincere apologies Feels good man.
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Feb 16, 2012 02:46
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So, I went to school at UMass Dartmouth in 2009, and my parents didn't file a FAFSA when they told me they had. Long story short, for the past two years I've owed the school about 12,000 dollars. I've gotten that down to 10,000 now. In that time, the debt has gone to a collections agency, then been relinquished back to the school, and is now in the hands of the state government. I'm trying to go back to school, the proper way now, with aid and loans. Problem is, every school I'm applying to requires a transcript from UMass, and they won't release it until I've paid my debt in full. I can pay them 6,000 dollars. Paying any more than that would require me to save for too long to go to school next year. Were the debt still in the hands of the collections agency, I could probably negotiate a settlement with them. I'm guessing the government wouldn't do the same, right? I've talked to the school about paying half of the debt and starting a 300/mo payment plan, but they told me they wouldn't release my transcript under any circumstances until the debt is paid in full.
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Feb 16, 2012 03:04
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Roger_Mudd posted:Save as much money as you can, then once you have ~25-30% of the debt saved up, offer to settle. (this assumes that you aren't being sued) How does one going about doing this? I've got an old Sprint bill and a BestBuy collection that recently me sent me a letter to collect debt. Do I just write or call them saying I can offer X dollars to settle? And what if they come back saying "No we require the FULL amount?" can I haggle with them a bit? My other debts were relatively small so I was just simply paid those off no questions asked.
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Feb 16, 2012 15:14
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Lblitzer posted:How does one going about doing this? I've got an old Sprint bill and a BestBuy collection that recently me sent me a letter to collect debt. Do I just write or call them saying I can offer X dollars to settle? And what if they come back saying "No we require the FULL amount?" can I haggle with them a bit? My other debts were relatively small so I was just simply paid those off no questions asked. Pretty much. That said I'm an attorney so they may be more willing to negotiate with me. *I'm not your lawyer, not giving you legal advice*. Just call them up, they'll want you to pay the full amount they allege you owe + bs fees, etc. Usually they'll offer a payment plan over X months at X.X% interest. Make them an offer, they say "let me submit it blah blah", wait a few days and they'll call you back to let you know if they accept. If they don't accept say, "Well gosh debt collector, I owe so much I'm only paying back the folks that are working with me and this lawyer I'm talking with keeps telling me to declare bankruptcy anyway". They'll usually cave or give you a better deal at that point. Fair warning there is a small minority of collectors that won't settle.
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Feb 16, 2012 16:59
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I haven't had much personal experience with this, but a recurring theme of the thread is that all correspondence should be in writing. The laws are different for original creditors than they are for debt collectors, but it's still a good idea to get everything in writing. If you ARE dealing with a debt collector, there are a lot of laws you can use to your advantage.
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Feb 16, 2012 21:17
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I don't get why collections agencies attach fees/charge interest for payment plans etc. I've done accounts receivable calls for damages, and my impression is that people are all stingy assholes who would rather turn their credit score to poo poo than pay $120 for the table that they broke. I would think that someone in collections would jump at the chance to get any sort of payment at all.
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Feb 16, 2012 22:17
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Roger_Mudd posted:Pretty much. That said I'm an attorney so they may be more willing to negotiate with me. *I'm not your lawyer, not giving you legal advice*. I might just send letters off to the respected parties requiring validation just to play it safe. I know for a fact my BestBuy collection is higher than what I initially bought it for so I will request proof. What's weird though is that my Sprint bill went to collections, I had a agency contact me about it by phone (I ignored them) and haven't heard from them since but my Sprint bill is still available online for higher than the collection agency had first stated. Is this something I can check from my credit report, who to contact and get this settled with? Edit: Upon further look at my debt stuff, I have one that I had a letter sent to me less than 30 days ago, and a few from last fall after they were late by 120 days. Should I still send a letter validation or have I gimped myself from any leeway? cage-free egghead fucked around with this message at 01:28 on Feb 17, 2012 |
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Feb 16, 2012 22:38
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Does anyone have experience settling non-tax debts with the government? Massachusetts state government, in particular.
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Feb 16, 2012 22:52
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I was made aware of a hit on my credit report. I don't have an actual copy of the report myself, but I was given the name and phone number for the place. I've called them and their line is disconnected and I'm not able to find any other contact information. I assume they've closed up shop and are no longer in business. How do I go about getting this off my credit report? Should I get a copy of my report myself and contact the original creditor, as I have no idea who the original creditor is as of now. What is the recommended source for getting my credit report if I need to make that step?
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Feb 18, 2012 02:57
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FlyWhiteBoy posted:I was made aware of a hit on my credit report. I don't have an actual copy of the report myself, but I was given the name and phone number for the place. I've called them and their line is disconnected and I'm not able to find any other contact information. I assume they've closed up shop and are no longer in business. How do I go about getting this off my credit report? Should I get a copy of my report myself and contact the original creditor, as I have no idea who the original creditor is as of now. What is the recommended source for getting my credit report if I need to make that step? http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.shtm 1) Get your credit report (free annual credit report from each CRA) 2) Send the CRA(s) reporting the erroneous entry each a letter telling them that you dispute the entry. Sample letters are a Google search away.
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Feb 18, 2012 03:31
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FlyWhiteBoy posted:I was made aware of a hit on my credit report. I don't have an actual copy of the report myself, but I was given the name and phone number for the place. I've called them and their line is disconnected and I'm not able to find any other contact information. I assume they've closed up shop and are no longer in business. How do I go about getting this off my credit report? Should I get a copy of my report myself and contact the original creditor, as I have no idea who the original creditor is as of now. What is the recommended source for getting my credit report if I need to make that step? My first thought is: how were you made aware of this "hit"? If it wasn't by a trusted source, it sounds like they could be fishing for info in order to scam you. Second, since you don't have a copy of your credit report, how do you know it's even really on there? I realize these first two points are moot if you got this info from one of those (legit?) credit monitoring services or something; but with the amount of info you provided here, they stick out as kind of odd. As for getting your credit report, if you live in the US go to AnnualCreditReport.com. You can get a free report yearly from each of the credit agencies. I don't know about other countries but I assume there is something similar. To get bogus stuff off your report, I had success with just filing a dispute with the credit agencies whose reports the bogus stuff appeared on. Both the agencies I did this with had pretty well-designed processes for disputing the stuff on your report. In my case, I had a credit card listed on my reports that actually belonged to a relative of mine. A credit card this relative had decided to stop paying off in order to get a settlement. So now I had big red marks saying I didn't pay my bills on time. I filed disputes with the agencies this account appeared on, and they both responded by just removing the bogus account from my report. Obviously you might not have as easy a time as I did, but if you're certain this isn't a legit thing, it's one method to consider.
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Feb 18, 2012 03:47
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Also, I think it would be kind of funny to share my story of the really nice collections agency I dealt with once. The phone call started out with me first assuming it was a scam, since I didn't recognize the charge they were talking about. However once I dug through my pile of unsorted mail and realized I'd let one bill slip through the cracks, the conversation went like this: What date did you say this was from? October 23. well, poo poo I suppose this is on my credit report now? Actually no, it won't go on there until X days from now because of [legal reason]. So you can either pay us or [the original creditor] before then and it won't ever show up on there! Um, sure...can I pay you over the phone? Yes, but again there is a $4 charge for credit card payments over the phone. fuckit Alright, let's do it. Are you sure? There is a fee of four dollars and you can just mail it to us if you want instea- Yes, it's fine. Here's my info... Oh my goodness, it has been so nice working with you! You have no idea what it's like to talk to someone who actually talks civilly and doesn't curse at me! Heh, I'll bet.
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Feb 18, 2012 04:09
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I am assuming this was done before you started reading this thread. Nothing in writing and payment over the phone? Holey moley 
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Feb 19, 2012 08:14
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8 months ago my credit was shot, but thanks to this thread and the helpful people inside, I was able to remove almost $1,200 in collections debt from my credit report. My credit score skyrocketed almost 70 points, and as a result I was able to refinance my vehicle which brought my interest rate from 12.6% to 6.75%. Thanks for saving me money, goons  Only thing that didn't really happen the way I wanted was that a collections agency reported as paid instead of deleting... But that can be resolved still I think. And my score will go up even more. Still shows as "potentially negative closed" on the report. Drewski fucked around with this message at 00:33 on Feb 21, 2012 |
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Feb 21, 2012 00:31
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I'm not in collections yet, so I apologize if this is the wrong place to ask questions about my situation. I have two credit cards which I have not made a payment on since 9/2011. This was due to several factors, including reduced income due to disability, medical expenses, other unforeseen expenses, and relatively high minimum payments on those cards. All of my other debts (e.g. car payment) have been kept current. I am now finally in a position where I could begin paying these two accounts off, but I'm faced with a couple of difficulties and choices. Both of the creditors have offered me settlements for around half of the debt, but apparently both of them also want these settlements paid off in just a few large payments (around $1400 for one of them as an example). The idea of settling for a lower amount is attractive, but I simply cannot afford to pay those large payments even though I'm on a better financial footing now. If I was to simply start paying them again, they apparently expect me to pay all of the payments I missed as they are past due, which again is not practical as those have added up to rather large amounts. I suppose my question is, are they likely at all to consider one of two options: 1. Paying off a settlement for a lower amount over a longer period of time with smaller, more reasonable payment amounts. 2. Going back to paying the account as normal without paying off the past due amount. Also, should I deal with them over the phone, or is it better to handle it in writing? As yet I have not explained my situation to them but in all honesty I doubt they give a gently caress because I tried to get into hardship programs back in September and they both basically told me to piss up a rope. The creditors are Bank of America and Discover.
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Feb 21, 2012 22:11
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Powdered Toast Man posted:Both of the creditors have offered me settlements for around half of the debt, but apparently both of them also want these settlements paid off in just a few large payments (around $1400 for one of them as an example). The idea of settling for a lower amount is attractive, but I simply cannot afford to pay those large payments even though I'm on a better financial footing now. There is an inverse relationship between settlement discount and time to pay. The longer you want to stretch out payments, the more % of the original owed amount they will want you to pay. I'd say pay neither, save the money you would be spending by paying over a longer period of time and use that money to settle. Play them off each other once you have about 25% of the debt saved up. Negotiate over the phone but don't pay them a cent until you get an agreement in writing. The downside to this is a) continued knock on your credit b)continued collection harassment and c) they could file suit to try and collect.
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Feb 21, 2012 22:56
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I used this letter to contact a company last week. Here's what I received back from them today:   Is it just me or did they not show that they purchased this debt / they're licensed to collect in my state? Can I tell them to gently caress off now?
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Feb 23, 2012 02:15
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kdc67 posted:Can I tell them to gently caress off now? Basically, yes. Did you request all communication be done in writing, not telephone? That should stop the calls, and I'm pretty sure any calls after this letter are a violation of the FDCPA. They are highly unlikely to sue you over $300, and depending on what state you live in, you should be drat close to the SOL on that anyway. Unless you want it off your credit report, in which case dispute it with the CRA and see what they do about it.
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Feb 23, 2012 15:49
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Big Taint posted:Basically, yes. Did you request all communication be done in writing, not telephone? That should stop the calls, and I'm pretty sure any calls after this letter are a violation of the FDCPA. They are highly unlikely to sue you over $300, and depending on what state you live in, you should be drat close to the SOL on that anyway. Unless you want it off your credit report, in which case dispute it with the CRA and see what they do about it. The best part of course is most states allow a countersuit to a small claims case for free (it's usually an option on the service when you get it). If you get sued, that's a violation, and you can countersue for free for $1000 and will almost 100% guaranteed to get it.
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Feb 23, 2012 15:52
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I have a medical bill that was just sent to collections. I was paying, it not the amount that the hospital demanded. The service was about 9 months ago so it's no where near the SOL. With it being such a short time ago, is sending a DV letter even worth it? If not should I just call them to work something out then have them send me written documentation verifying the agreement?
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Feb 24, 2012 22:03
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Big Taint posted:Basically, yes. Did you request all communication be done in writing, not telephone? That should stop the calls, and I'm pretty sure any calls after this letter are a violation of the FDCPA. They are highly unlikely to sue you over $300, and depending on what state you live in, you should be drat close to the SOL on that anyway. Unless you want it off your credit report, in which case dispute it with the CRA and see what they do about it. I did in the initial letter. This company and the one that wants the $644 actually haven't called me in over a year. I'm not worried about them suing me. The SOL in my state is 7 years, so this stuff wouldn't be removed until 2014. I'd rather have it off in case I need a new car or whatever. I did dispute with the CRAs. I initially just started this as a bit of a giggle to see if I could get anything removed. After getting the $15k off with really no effort, it's worth it to put even a little effort into getting the rest off.
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Feb 25, 2012 00:04
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Malkof posted:I have a medical bill that was just sent to collections. I was paying, it not the amount that the hospital demanded. The service was about 9 months ago so it's no where near the SOL. If you care about your credit report write them a DV letter saying that you want all communication done in writing, then offer 30% for a pay for delete and work your way up from there. If you don't care about your credit report, block their numbers using Google Voice and let it get passed off from creditor to creditor for a few years, THEN send a DV letter and at that point they probably won't even have a contract or any pertinent information to verify the debt.
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Feb 25, 2012 00:39
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kdc67 posted:I did in the initial letter. This company and the one that wants the $644 actually haven't called me in over a year. I'm not worried about them suing me. The SOL in my state is 7 years, so this stuff wouldn't be removed until 2014. I'd rather have it off in case I need a new car or whatever. I did dispute with the CRAs. I initially just started this as a bit of a giggle to see if I could get anything removed. After getting the $15k off with really no effort, it's worth it to put even a little effort into getting the rest off. Send a letter to the CRA(s) disputing the entry for every conceivable reason. Not my debt, not licensed to collect in my state, whatever. Search around on Google for examples of letters that have a laundry list of things, and that should do the trick of getting it off.
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Feb 26, 2012 15:33
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Big Taint posted:Send a letter to the CRA(s) disputing the entry for every conceivable reason. Not my debt, not licensed to collect in my state, whatever. Search around on Google for examples of letters that have a laundry list of things, and that should do the trick of getting it off. Yeah, I'll be doing that once I send the letters. I still have to do the DV for the $644. Funny thing is, the $300 got taken off yesterday after TransUnion's online dispute finally finished up. It's still showing on the other 2, though.
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Feb 26, 2012 18:13
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I asked for a validation of debt from one of the collectors from me and this is the reply I got back:quote:Account #:xxxxxxxxx So what options do I have from here? I feel like I don't have much leverage in negotiating a pay for delete so am I pretty much hosed?
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Feb 26, 2012 23:42
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Is that the original creditor, or a collection agency? Is the information they have about the account right? Does the information in it conclusively prove that the debt is real, that you own it, and they're entitled to collect it? Honestly, if it's a collection agency it sounds like a scare letter. They carefully dance around the threat of a lawsuit (because threatening to sue without following it up is a violation) and they're pushing you to call RIGHT NOW. What your options are depend on what you're willing to do to your credit score, how much money you have, and how you and the collections agents have pursued this issue in the past. My only experience with this has been reading the thread, so take my advice with a huge grain of salt.
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Feb 27, 2012 00:00
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Lblitzer posted:I asked for a validation of debt from one of the collectors from me and this is the reply I got back: Assuming this is a collection agency, they are required to respond to your request for validation. This is from the FTC's Debt Collection FAQ: quote:Can a debt collector keep contacting me if I don’t think I owe any money? From the same FAQ, here's the FTC's advice on handling a violation: quote:Where do I report a debt collector for an alleged violation?
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Feb 27, 2012 00:06
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DarkHorse posted:Is that the original creditor, or a collection agency? Is the information they have about the account right? Does the information in it conclusively prove that the debt is real, that you own it, and they're entitled to collect it? It's a CA, that's literally all they sent me, was just the letter that I printed out in my last post. No documents showing it came HSBC, it just says Creditor: BEST BUY and lists the account #, claim #, and amount due. I got my first letter from them last month and responded to it just a few weeks ago. I'm not too worried about it, but it's just showing red flags to me with them asking for me to pay by phone or credit card and it not getting taken off my credit report. No idea what the SOL in MN is anyways. I've got enough to pay off the debt, but like I said I'm worried about it not going off my credit report. The amount is a lot more than the last statement I got from HSBC so they've obviously put their own fees into it but I have no idea how to respond to them from here or what options I have. cage-free egghead fucked around with this message at 00:17 on Feb 27, 2012 |
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Feb 27, 2012 00:14
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I suggest you reread the first few pages of this thread since your question literally gets asked twice every page at least.
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Feb 27, 2012 00:21
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I am an idiot. The letter that I printed was sent the day after I wrote and sent a VOD letter and before they had received my letter, so basically they assumed that I wasn't taking action. I'll just have to wait and see what comes next from them but I refreshed myself on this stuff and will see if they bite on a PFD.
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Feb 27, 2012 02:08
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Well this is slightly disturbing. One of the credit cards I'm dealing with (Discover) has started calling my wife's cell phone. This is my account, she isn't on it and she never has been, I never gave them her number, and her number certainly isn't listed. How the gently caress did they get it, and why do they think they have the right to call her?!?
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Feb 27, 2012 18:07
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Quick rundown. I walked away from a credit card debt back in 2005 that was in the $2500-$3000 range. I ignored calls and mails and my debt got passed around a couple times. I've been working on my options in the last year and am at a point where I'm unsure of my next step. The debt currently appears to be owned by three (THREE!) different collectors. One is demanding close to $10000 (let's call them Collector A), one $2000 (Collector B), and one $1200 (Collector C). They're all pretty clearly originating from the same debt, as they all mention the credit card in question in some way, and the only other debt I had from that time was a $90 unpaid cell phone bill that I'm currently working on settling. I sent DV letters to all three of them in the last six months. A was four months ago - they've been on my credit report for a couple years now, but the debt was so large that I didn't deal with it right away - basically, I was afraid of raising their ire, something I now understand was silly. B was six months ago, as soon as I started getting mail from them about the debt. C was 2 months ago, in response to their listing on my report. Collector B has responded to every DV-related thing I've sent them with form letters basically saying they acknowledge that I dispute the debt but need more information from me to investigate it. Which sounds to me like they can't validate and are stalling for time. They also sent me another one of those "You owe, but pay now and we'll discount how much!" things after my DV letter, which I saved as it's a pretty clear violation. Collector A did not respond to my first DV letter. When I sent a second one, they responded with a form letter similar to B's, saying they could not determine the "nature of my dispute" and required more info. While I don't want to identify specific companies (covering my bases in case I sue), I will say that Collector A has been involved in class-action litigation recently regarding improper aging of debts and attempting to collect despite sketchy or no validation. Collector C has never responded to anything I've sent them and has never sent me anything. Right now they're a mark on my credit report and were it not for that I wouldn't even know they exist. I sent letters to Equifax and Experian (need to send more, and some to TransUnion as well, this poo poo is listed in several different places on my credit report and I didn't see some of them til now) asking them to verify the debts and explaining the situation and what communication has gone back and forth. The Experian one is still pending, but from Equifax I received confirmation that both debts (the ones with A and B) are verified as belonging to me. That appears to be all that they've done. Lots of text! Two questions: 1. What actually constitutes debt validation? I have been asking for the whole shebang: a full accounting of the debt including interest, a copy of a credit agreement signed by me, proof that the statute of limitations hasn't expired, etc. The best I have gotten on any of the mails I've received is my name, address, the account number with the debt collector, and an amount. This is not enough to constitute validation, right? I want to make sure that I have grounds to sue if and when it comes to that. 2. Until recently, I assumed (falsely) that the statute of limitations for debts was universally 7 years. I have since found out that it's 6 years in the state where I first accrued these debts. Both responses from Equifax about verification mention that the first date of delinquency is 12/2005. That puts it outside six years. Does that mean I can ask to have it deleted from my credit report? Should I take this step next, or proceed with what seems to be the logical next step outside of that: asking for a Method of Verification, something I saw recommended elsewhere. Sorry for the textbomb. I've been dealing with this for a while now and it's really rough, so any help that can be offered would be immensely appreciated. Any other info I can provide that would be helpful, just let me know.
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Feb 29, 2012 16:56
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Haji posted:The answer you need to file with the court is pretty basic. You have basically 3 choices to all the complaints against you. Agree, Disagree or Disagree due to lack of knowledge. Not sure on the exact phrasing on the last choice. You also want to file an appearance to the court so that the court can reach you about further proceedings with this. By filing an appearance, you prevent yourself from losing the case because the court can't contact you. Been a while since this was posted, but I did file a response. It took me forever to actually get it done because the court clerk was dicking me around a bit. They even told me I should file a response because I'm just going to lose anyway! According to them I should just roll over and let the credit card company/court garnish my wages and whatever else. They actually kind of scared me a bit and told me when I lose, I'll have to pay even more and it will be a big mess for me.
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Mar 1, 2012 22:33
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sexily posted:Been a while since this was posted, but I did file a response. It took me forever to actually get it done because the court clerk was dicking me around a bit. They even told me I should file a response because I'm just going to lose anyway! According to them I should just roll over and let the credit card company/court garnish my wages and whatever else. They actually kind of scared me a bit and told me when I lose, I'll have to pay even more and it will be a big mess for me. This is bullshit and true at the same time. The lawyers on retainer for the creditors basically live in the court and spend the whole day getting default judgments. I've never seen someone show up and get hosed. At the very least you will pay what you owe, but if you show up they will almost always give you better terms of repayment vs if you default.
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Mar 1, 2012 22:37
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Wow. That is incredibly lame. I'm glad that you pushed through and filed your response. Good for you. Keep with it.
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Mar 2, 2012 00:02
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When I closed my Sprint account last fall, I assumed everything was paid off. A month or so ago I started getting multiple calls a day from IC System Inc regarding this bill. I asked for a verification and they sent one. I also logged into my old Sprint account and I had an amount due for the same amount this agency is asking for. While I don't doubt that I owe the money now, with which should I make the payment? edit: talked with sprint, its out of their hands. Question answered! tuckfard fucked around with this message at 04:33 on Mar 2, 2012 |
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Mar 2, 2012 04:15
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tuckfard posted:When I closed my Sprint account last fall, I assumed everything was paid off. A month or so ago I started getting multiple calls a day from IC System Inc regarding this bill. I asked for a verification and they sent one. I also logged into my old Sprint account and I had an amount due for the same amount this agency is asking for. While I don't doubt that I owe the money now, with which should I make the payment? Because I'm an rear end in a top hat, I would pay Sprint if they let me, then after you get a bill from the collection agency, verify, and then when they verify, send the receipt that you paid it and offer to settle for $500, otherwise sue for the $1000.
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Mar 2, 2012 04:33
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