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I closed my internet account with Time Warner and moved. I called them up to pay but they told me to wait for the invoice to come in. The autopay never kicked in and they closed my account that day so I couldn't go in and make a one-time payment or change my address. After about a month and a half I finally got a big old scary letter from TW saying they were going to send me to collections. I wrote them a check for $84.05 and mailed it off, they cashed it the next day and that was that. A week later I got a letter from a collections agency in the amount of $59.00 (the un-returned cable modem). It was postmarked the day after TW cashed the check. I read up on the thread and fired off a nice form letter telling them to prove they own the debt and also helpfully attached a screenshot of my bank statement saying I already paid it off and to go pound sand. They just sent me back a letter today showing what I already know; a copy of my last invoice and a paper form showing that I owe payment on a cable modem I trashed years ago because it broke. So what do I do now? Do I just send back the same bank statement again? Unfortunately TW cashed the check electronically so I can't print out any check images, but I sent them a shot of my final payment to TW already and they seemed to just ignore it.
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Mar 4, 2012 03:44
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FCKGW posted:So what do I do now? Do I just send back the same bank statement again? Unfortunately TW cashed the check electronically so I can't print out any check images, but I sent them a shot of my final payment to TW already and they seemed to just ignore it. It looks like your confusing two different debts. The first was the last month of service which you paid ($84.05). The second is for the cable box ($59.00). Was the cable box included in the invoice they sent you? Is the paper they provided showing that you owe payment from TWC or something they produced?
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Mar 4, 2012 20:55
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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? How did they verify the debt? Giving you your bill isn't verification, they have to give you a signed copy of your contract.
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Mar 4, 2012 23:06
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Roger_Mudd posted:It looks like your confusing two different debts. The first was the last month of service which you paid ($84.05). The second is for the cable box ($59.00). Was the cable box included in the invoice they sent you? Is the paper they provided showing that you owe payment from TWC or something they produced? Yes, sorry I was unclear. The $84.05 included the $59 cable box charge and $25.05 in prorated service. They sent me back 4 pieces of paper. The 2 important sheets are one which is my final invoice from Time Warner in the amount of $84.05. This is the same copy I got from them weeks ago and used the stub to pay my payment with. The next is an itemized list of debts from Collection Bureau of America. There's only one line, that says the following: pre:EQUIP #1 00197E3C188A/20/CABLE MOD AMOUNT$ 59.00
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Mar 5, 2012 04:56
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Corkscrew posted:Lots of text! Two questions: Any thoughts on my post from the previous page? I've since gotten a letter back from Experian as well regarding the debt from Collector A that seems to verify the debt as mine. They list the account date as beginning in 2008, but it's definitely the same debt as the Equifax one where it's listed as 2005. At this point, I'm looking to figure out whether I further pursue the fact that these debts were never properly validated, or just jump right to showing that they're outside the statute of limitations. I've seen suggestions (from sites around the web) that I should cover all my bases with multiple disputes, one thing at a time. It seems like the tactic being suggested is to hit every possible dispute until one works. I'm also wondering if it's better to sue at this point, though I'm worried about the cost of a lawyer. I know if I win the bureaus and/or debt collectors will likely be responsible for court costs, but if I don't, I'm on the hook. Corkscrew fucked around with this message at 15:00 on Mar 6, 2012 |
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Mar 6, 2012 14:57
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FCKGW posted:Yes, sorry I was unclear. The $84.05 included the $59 cable box charge and $25.05 in prorated service. Yes TW either cashed the check after writing it off or cashed the check and then sold the debt. My advice would be to find a lawyer who practices in the area of the Federal fair dept collection practices act or your state unfair and deceptive trade practices act/debt collection act. Either way, CBA probably owes you money for trying to collect this debt (and possibly TWC). If you don't want to go through the hassle, send them another letter (with a copy to your state attorney general's office) stating that the debt is paid, you don't owe the debt, and that they should not continue collection activity or report it to any credit rating agency's.
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Mar 6, 2012 15:27
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Corkscrew posted:Any thoughts on my post from the previous page? It depends which law you were using. If the matter falls under the Federal fair debt collection act, check out § 809. http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
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Mar 6, 2012 15:29
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Roger_Mudd posted:It depends which law you were using. If the matter falls under the Federal fair debt collection act, check out § 809. That's what I was using as far as validation of the debts. I sent them a letter requesting a full accounting, a copy of a signed agreement, licensing info, etc. They sent back form letters with none of this info. Now an additional wrinkle. I called Equifax to request Method of Verification on one of my disputes and was told that while they had received verification from the debt collector, they did not have than information available and could not provide me with it. The lady I talked to repeated several times that I would have to contact the collection agency for that information, even after I reminded her that I had already sent them several letters requesting debt validation and had received nothing in return. Even threatening legal action did not result in anything other than more apologies and insistence that I contact the creditor. At this point, I'm not sure what step to take next. I'm being pretty well stonewalled by both Equifax and the debt collector as far as proof that I owe the debt. Should I call Equifax back and try to get a different agent to look this over? Send the debt collector another letter, or even call them? Or is it lawyer time?
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Mar 6, 2012 18:32
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Today I received a call on my office phone from a fairly nice lady from a law office. She discussed with me a debt I owe, and that they were in the process of filing a civil suit, but wanted to try to work something out with me. She offered me a settlement or a payment plan. I told her I needed some time to look over my finances and see what I had, and asked if we could speak again tomorrow. The card is a Chase card, which I do owe money to and haven't paid in some time. The law firm was "Fulton, Freeman, and Galacia" which turns up nothing useful on Google. She also had the last 4 digits of my social security number. Any advice on what to do next? Edit: I've found some information on this "law firm." I think the last word was either mispronounced by her, or misunderstood by me. I've found several spellings for "Galacia" and I think it might actually but Fulton, Freeman, and Gullace. She also asked me if it was ok to call my cell phone with an automated message, and I told her no. I have a feeling these are the people I have been dodging for quite some time, but tricked me by calling my office phone. siggy2021 fucked around with this message at 21:43 on Mar 6, 2012 |
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Mar 6, 2012 21:38
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siggy2021 posted:Today I received a call on my office phone from a fairly nice lady from a law office. She discussed with me a debt I owe, and that they were in the process of filing a civil suit, but wanted to try to work something out with me. She offered me a settlement or a payment plan. I told her I needed some time to look over my finances and see what I had, and asked if we could speak again tomorrow. Get everything in writing, and stop talking to these people over the phone. Have you received anything in the mail from them? If this is the first time they've contacted you, they have five days to get a dunning letter to you. Don't let them intimidate you. You'll need to send them a debt verification, and inform them that you are only willing to discuss this issue in writing.
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Mar 7, 2012 00:10
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AuntBuck posted:Get everything in writing, and stop talking to these people over the phone. Have you received anything in the mail from them? If this is the first time they've contacted you, they have five days to get a dunning letter to you. Don't let them intimidate you. You'll need to send them a debt verification, and inform them that you are only willing to discuss this issue in writing. As far as I can recall, I have never received any letters from this law office. When I talk to them tomorrow, should I just ask that they send me something by mail, and that is it? I know they have my address, because she asked me if my address was ***, and it was, but I have no idea where they are located, so sending them a letter is impossible. Also, should I ask them who they are representing? Based on experiences from other people on the internet, I don't think this is actually a law firm at all. I've even found a couple of sites with them listed as a debt collection agency.
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Mar 7, 2012 00:36
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siggy2021 posted:As far as I can recall, I have never received any letters from this law office. When I talk to them tomorrow, should I just ask that they send me something by mail, and that is it? I know they have my address, because she asked me if my address was ***, and it was, but I have no idea where they are located, so sending them a letter is impossible. Do not talk to them over the phone. Anything you discuss over the phone may as well not have happened, and there's no reason for you to give them any more info. Pull your free credit report, if you haven't this year, and see if they show up. If they are reporting this debt, their mailing address will show up. Wait a few days and see if you get a dunning letter in the mail. There are law firms that specialize in debt collections, so I wouldn't assume they're not a real law firm, just a crappy one.
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Mar 7, 2012 00:41
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siggy2021 posted:As far as I can recall, I have never received any letters from this law office. When I talk to them tomorrow, should I just ask that they send me something by mail, and that is it? I know they have my address, because she asked me if my address was ***, and it was, but I have no idea where they are located, so sending them a letter is impossible. Also, don't forget to tell them that you cannot receive calls of this nature at work, and they can't call you there again. (Put this in your letter, if you send them one, too.)
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Mar 7, 2012 03:12
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Corkscrew posted:That's what I was using as far as validation of the debts. I sent them a letter requesting a full accounting, a copy of a signed agreement, licensing info, etc. They sent back form letters with none of this info. As an Attorney *I am not your Attorney, high probability I'm not licensed to practice law in your state* I generally don't start requesting that information until after they've filed suit. They have to provide that under discovery rules but I'm not aware of any laws that require them to provide that information before hand. Equifax is just a credit reporting agency who is reporting a debt. They generally don't have any liability and don't care if you owe it or not.
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Mar 7, 2012 03:15
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Roger_Mudd posted:As an Attorney *I am not your Attorney, high probability I'm not licensed to practice law in your state* I generally don't start requesting that information until after they've filed suit. They have to provide that under discovery rules but I'm not aware of any laws that require them to provide that information before hand. They have tons of liability under the FCRA. Also failing to respond to validation requests is usually a FDCPA violation and now I know why most of the money I receive from violations tend to come from law firms.
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Mar 7, 2012 03:24
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LorneReams posted:They have tons of liability under the FCRA. Also failing to respond to validation requests is usually a FDCPA violation and now I know why most of the money I receive from violations tend to come from law firms. You've gotten settlement money from the credit reporting agencies? Edit: also it doesn't look like you read correctly (or maybe I didn't) but they did respond, they just didn't provide all the information he requested. As far as I know (it's entirely possible you know something I don't) under the FDCPA, they don't have to provide any information not listed in §809. Roger_Mudd fucked around with this message at 03:33 on Mar 7, 2012 |
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Mar 7, 2012 03:31
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Roger_Mudd posted:You've gotten settlement money from the credit reporting agencies? I have some case law somewhere that shows certain types of validation does not meet the validation requirement (a printout of a simple statement being one clear example I've remembered). I'm lazy right now, but I can look it up if you are sincerely interested. I've settled with both Transunion and Equifax for some money (not much), but I still have liquidated damage provisions against both of them, so there is that. It takes them really loving up though admittedly. EDIT: To add, the reason it's so hard to get money from the CRAs is not because they are very litigious, but because they tend to always err on the side of removing poo poo that they think may be inaccurate. A whiff of "wrongness" for lack of a better term will have them purging. In both the cases I settled, it was because of incompetence that caused the issue. LorneReams fucked around with this message at 03:42 on Mar 7, 2012 |
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Mar 7, 2012 03:40
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LorneReams posted:I have some case law somewhere that shows certain types of validation does not meet the validation requirement (a printout of a simple statement being one clear example I've remembered). I'm lazy right now, but I can look it up if you are sincerely interested. Fair enough, case law obviously differs from state to state and district to district. Round my part of the way, judges aren't really interested. 
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Mar 7, 2012 03:43
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Roger_Mudd posted:As an Attorney *I am not your Attorney, high probability I'm not licensed to practice law in your state* I generally don't start requesting that information until after they've filed suit. They have to provide that under discovery rules but I'm not aware of any laws that require them to provide that information before hand. The information I was going on came from the FCRA, as interpreted on this site: http://www.creditinfocenter.com/repair/MethodOfVerification.shtml Specifically, 611(a)(6) and 611(a)(7). They have to "describe" the method by which they verified the data. I guess according to the letter of the law, the agent at Equifax did that - she told me they contacted the creditor. Past that, I didn't get anywhere. My question still stands, though. At this point, Equifax says I owe the debt. The creditor says I owe the debt. Neither has sent me any kind of paperwork actually validating the debt, just stuff that says the debt exists in their system and for how much. Lawyer time? Or do I look into the statute of limitations? I'm a couple months past 6 years since first delinquency, which is the law in the state I was in when I opened these accounts. It's 4 years in the state I'm in now, so either way, I'm definitely outside.
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Mar 7, 2012 14:11
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Corkscrew posted:Or do I look into the statute of limitations? I'm a couple months past 6 years since first delinquency, which is the law in the state I was in when I opened these accounts. It's 4 years in the state I'm in now, so either way, I'm definitely outside. If the SoL is passed, just write them stating you wish to be contacted by mail only (or give a google phone number) and forget about it. They can't sue you to collect. Edit: if you want it off your credit report and you feel like you don't owe them the debt, find a lawyer to sue the collector under unfair trade practices, federal, and state laws for reporting false info to the credit agency.
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Mar 7, 2012 14:45
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This thread is very handy. Today I received a letter from a debt collection agency in MA. This is for a medical bill. No problems with that, I do owe the money, had been paying monthly installments, but I'd simply been lazy and forgotten to send the money (a credit card payment, annoyingly this hospital does not do anything like autopayments). Coincidentally, I actually sent it out today after remembering I had spaced on doing so for the last couple months. So I open the letter from the agency. It tells me I owe $1015. However, I have in my hand the last statement I received from the hospital. That amount shows $331. gently caress up on the part of the agency or a calculated way to have them pay me more? What leverage do I have from this? I'm obviously going to send them a certified letter disputing it, but curious if anyone had any other tips. Any thoughts on what will happen seeing as I already mailed out a payment to the hospital?
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Mar 9, 2012 02:59
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I'm dealing with NCO financial for a friend. Initially she was just going to pay over the phone, but I talked to her and she ended up deciding against it, and sent a pay-for-delete letter. In the letter we requested validation and that they only contact us through mail. We sent it using certified mail, and we know that it arrived in mid-January. They have yet to reply to any of our contact through mail. They continue to call her despite us explicitly stating that they may only contact us through mail. I'm going to contact some free legal services to get advice, but in the meantime, what are we in danger of by not replying?
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Mar 10, 2012 03:43
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YeahDavidLeeRoth posted:So I open the letter from the agency. It tells me I owe $1015. However, I have in my hand the last statement I received from the hospital. That amount shows $331. Collection agencies always tax on fees and interests to the debt owed, it's nothing unique. Gives them a bigger bargaining chip and scares most people into paying.
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Mar 10, 2012 03:52
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Roger_Mudd's in this field too and knows this thread better than me, but bankruptcy can be a ridiculously good option for a lot of people in debt. It's not mentioned in the OP, but should be considered. There are now shockingly few consequences for bankruptcy, partly due to the high volume of cases. It all depends on your assets and debts, but it's the perfect solution in many cases. It is very common for some one to file a Chapter 7, keep all their stuff (including cars and homes), eliminate all of their debt 100% with no payments, and walk away with a higher credit score. It's worth considering if your debt is unsustainable.
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Mar 10, 2012 05:26
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YeahDavidLeeRoth posted:I'm obviously going to send them a certified letter disputing it, but curious if anyone had any other tips. Any thoughts on what will happen seeing as I already mailed out a payment to the hospital? It depends. If the hospital accepts the payment, that's an acknowledgement that they still own the debt, and the collection agency is acting fraudulently. If they refuse the payment, referring you to the CA, you'll have to deal with them, and they can tack on whatever fees they want.
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Mar 13, 2012 15:31
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Konstantin posted:It depends. If the hospital accepts the payment, that's an acknowledgement that they still own the debt, and the collection agency is acting fraudulently. If they refuse the payment, referring you to the CA, you'll have to deal with them, and they can tack on whatever fees they want. They can make up whatever number they want, sure, but if it goes to a court, they'll have to justify that number.
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Mar 13, 2012 18:15
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Konstantin posted:It depends. If the hospital accepts the payment, that's an acknowledgement that they still own the debt, and the collection agency is acting fraudulently. If they refuse the payment, referring you to the CA, you'll have to deal with them, and they can tack on whatever fees they want. Just saw on my online banking that the hospital has in fact put that payment through. I haven't yet sent the dispute letter, but I will tomorrow. Will be interesting to see what their response is.
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Mar 13, 2012 18:43
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Well then. It would appear that the hospital never got my radiology charity care forms, thanks in part to being evicted, and well, I owe them 5 grand that they refuse to reverse. gently caress paying them off, bankruptcy. I can't manage to pay off that much, pretty much ever. If I file by myself, what do I need to know? What of my possessions will be taken? What will I lose? Alternately, could I take out a ten year loan, pay these bastards off with as little as I can haggle them down to, and pay off the loan with nice, happy, monthly payments? That doesn't seem too bad of an idea, it would deal with the short term problem, and assuming I can get a not lovely rate, I could pay it off a hell of a lot easier. There's also debt consolidation. I have no idea if that is a scam or not, but the figures they give me are a hell of a lot better than what I'm looking at. What do you guys know about them? Kilo147 fucked around with this message at 19:09 on Mar 13, 2012 |
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Mar 13, 2012 18:49
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7thBatallion posted:If I file by myself, what do I need to know? What of my possessions will be taken? What will I lose? I'm biased but find an attorney in your area. Most will offer a free consultation and you can figure out your options. It's my opinion that the vast majority of "debt consolidation" companies are scams.
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Mar 13, 2012 19:20
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7thBatallion posted:If I file by myself, what do I need to know? What of my possessions will be taken? What will I lose? The main thing you need to know is that filing bankruptcy pro se is a bad idea. 7thBatallion posted:Alternately, could I take out a ten year loan, pay these bastards off with as little as I can haggle them down to, and pay off the loan with nice, happy, monthly payments? That doesn't seem too bad of an idea, it would deal with the short term problem, and assuming I can get a not lovely rate, I could pay it off a hell of a lot easier. Debt consolidation involves taking out a new loan to pay off old creditors. If you do it through a debt consolidation service, they will negotiate with your creditors and then give you an amount to pay every month. They will take part of that amount as a fee before passing it onto your original creditors. Also, they don't have any power to lower the debt or interest amount, or even the power to make the creditor agree to monthly payments, so you're not really going to save any money this way. In fact, you'll likely pay out more. The only possible benefit is maybe getting a creditor to agree to monthly installment payments, which is something you can ask for by yourself anyway. It would make a lot more sense to get a loan from your bank or credit union if you are able to. Or ask the hospital if they'll take a monthly payment since you can't afford to pay it all at once.
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Mar 13, 2012 19:21
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ibntumart posted:The main thing you need to know is that filing bankruptcy pro se is a bad idea. BECU has some great loan rates, if I get this nice cushy job I can get a loan from them. It seems less risky than bankruptcy, less seedy than debt collectors. I'll still owe debt, but it will be to someone I trust.
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Mar 13, 2012 20:04
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I've read all 44 pages of this thread at least twice, but couldn't find the answer I was looking for so here goes: I made the typical college student mistakes, got a couple credit cards, stopped paying on both in late 2009, etc. One is settled as "paid" as of late 2010, there's no changing that so I just have to wait for it to fall off. The second card has been sent to collections. I am now dealing with Midland Credit Management to try and get them to agree to a pay-for-delete, since their new collections account is reporting to the credit bureaus as being late every month it is seriously dragging down my score. They claim that I owe $2100, I sent a PFD offer, certified mail return receipt for $1000 on Feb. 25. Got the green card this monday so the clock is ticking. I am hoping to by a used car ASAP since mine is poo poo and I now have a good, steady job. However, my credit score is stuck at 592 because this collections account keeps reporting as "past due" every month. I know the original defaulted card is not going to go away for 5 years but I at least want this collections account wiped off. I called the collections agency and asked only if they recived my letter, they gave me a bunch of lies and bullshit so I hung up. Should I wait longer to hear back for my PFD proposal or should I just keep sending them until I get a response? Calling them is a bad idea, I know, but I just want a loving response so I can get this over with. I've got $5K in the bank so I can pay more if the first offer was too much of a lowball one, but they bought my debt for pennies on the dollar so gently caress them. TL;DR - want to buy car ASAP, need to get PFD ASAP to do this, what now 
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Mar 15, 2012 03:37
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a rowdy mullet posted:I've read all 44 pages of this thread at least twice, but couldn't find the answer I was looking for so here goes: The process of removing negative trade lines from your credit reports is measured in months, so I'm not sure how quickly you can expect this to happen. The CA basically have 30 days to respond to your validation request, then you can start sending them letters informing that continued reporting without validation is a violation, and dispute with the CRAs to try getting it off through their end. If they're smart, they can check and see that your credit report has been accessed by some auto loan people and then they know they have you. You can try calling them again, and see if you can't get somebody on the phone that will agree to a PFD and have them MAIL YOU A LETTER agreeing to that, and then pay it with a cashier's check. You may have to settle instead, and it'll be on there as Paid or whatever. Midland is one of the shittier CAs, I believe. You may not have a lot of luck trying to be nice and settle/PFD. They are likelier to not be able to verify and you can get it off your credit report without spending any money, but that will take you time. That being said, if you have $5000 in the bank, why don't you just mosey over to AI and ask them to tell you what car you should buy, one for which you can afford to simply pay cash? Big Taint fucked around with this message at 05:30 on Mar 15, 2012 |
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Mar 15, 2012 05:26
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I can confirm that Midland is, at a minimum, shittybad at communication. I have attempted to get them to validate my debt for months now and I only get back form letters telling me they don't have enough information to do that. Hurp de durp. Edit: For the record, I sought verification through Equifax/Experian for Midland's poo poo and they both came back verified so... kinda still trying to figure out what to do about that now. Basically what I posted about last/this page.
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Mar 15, 2012 06:11
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Corkscrew posted:I can confirm that Midland is, at a minimum, shittybad at communication. I have attempted to get them to validate my debt for months now and I only get back form letters telling me they don't have enough information to do that. Hurp de durp. If the CA is telling you that they don't have enough info for validation, and then the CRA is saying that they are validating with them, then that is a clear violation. Most of the judgments/settlments I recieved were exactly this scenerio. It's the easiest judgment to get because there is no grey area. They are telling you they can't validate, and then reporting it anyway to the CRA.
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Mar 15, 2012 13:24
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I need some advice with what to do on a debt collector that just sent me a letter for a debt. It's with Green Tree Servicing, and the debt is confusing me. I think it was legit...was...many years ago. When I was much younger. I bought a mobile home god about 14 years ago? Give or take? Was in a bad relationship, lost everything and then some, and couldn't pay. O.k. They eventually charged off, it's been gone for years now, it's been about 12 years or so, - I've since bought a real house(!!), car, etc. I don't even think it was this company (though I think the name is similar), but the outstanding balance is close (once again, old memory). I'm going to pull my latest credit report tonight when I get home. The balance is for 28k, approximately. They sent me a "Tax-Time" settlement on my outstanding balance of about 7k. Very kind of them, I suppose. It also states that this will settle the debt in full. What should I do about this? I'm a little irritated, it was my fault on many levels, it was some really bad times for me, but it was over so many years ago. Should I get the verify debt letter like the OP stated? That gave me the impression it was for far more recent debts than this...what should I do?
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Mar 15, 2012 21:00
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Yeah, send a validation request saying you have no idea what they are talking about, and to back everything up. It's probably out of SOL, so I almost am willing to bet the request will shut them up. Also make sure that you specify that all communication has to be in writing so when they gently caress up and call you, you have them for at least one easy violation.
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Mar 15, 2012 21:05
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Cool, will do.
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Mar 15, 2012 23:51
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Big Taint posted:The process of removing negative trade lines from your credit reports is measured in months, so I'm not sure how quickly you can expect this to happen. The CA basically have 30 days to respond to your validation request, then you can start sending them letters informing that continued reporting without validation is a violation, and dispute with the CRAs to try getting it off through their end. Thanks for this reply. Useful stuff. What if i were to pay, get the "paid" trade line and then DV them? would they likely fail to verify it with the CRA's? Or possibly a goodwill letter? Or would they just sell the remainder to another collection agency and gently caress me over? I've spoken to a couple reps there and they're just bullshitting me and saying they don't do PFD's 
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Mar 16, 2012 02:21
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a rowdy mullet posted:Thanks for this reply. Useful stuff. I've personally had good luck removing paid poo poo after a year or so as they forget to confirm transactions. This is a gamble because once it's paid, you can't pull the "I have no idea what this transaction is and I'm going to sue you into oblivion if you don't remove it" card. Also PFDs are a grey area as it's technically against their agreement with the CRAs, and can cause issues (they have an obligation to report ALL accurate info, good and bad...once they start choosing, it opens them up to terrible liability).
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Mar 16, 2012 03:20
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