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Kase Im Licht posted:http://www.consumerfinance.gov/ Yes And they say "whoopsie, we'll remove your name and you shouldn't get these again" but I'm guessing they are reselling the debt to the next guys who repeat the process.
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Aug 7, 2014 01:51
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Forgot about this thread. Im crossposting this: I have a quick question about a problem a family member of mine is facing. They have received a (USA) county tax lien notice in the mail from a collections agency shortly after beginning tax payments as arranged with the county. It's all kinds of hosed up because this person is struggling and actually working quite hard to dig themselves out of a hole and now this debt collection is greater than one months tax payment in a time when it can do the most damage. This house could be forfeited even though it is paid for (except the taxes, which again, are being paid via arrangements with local gov't). Should I look somewhere more specific for assistance? Are there any free, reputable resources? I'm really strapped for both cash and time myself so it is difficult to assist.
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Aug 19, 2014 23:26
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ladyweapon posted:... I'm as certain as one can possibly be that this debt is not mine. I disputed it already and only got a response of "we updated your report!", but it wasn't removed.  I guess I'll see what happens in September when its supposed to fall off my report after three months??
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Aug 20, 2014 05:23
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Just to simplify/reiterate: Always dispute with the collector. If they don't prove it's yours, dispute with the CRA. If it dosen't get removed, it means the collector verified with the CRA. This means the collector is in violation of the FDCPA, and could owe you up to $1000 for each violation.
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Aug 20, 2014 14:41
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Today Experian e-mailed me & they've removed the account from my record. Resolution, huzzah! LorneReams posted:Just to simplify/reiterate:  Thanks all! 
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Aug 22, 2014 01:57
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I'm still trying to figure out what to do about the open "deactivated" credit card in my name. I've gone around and around with them and I've found they're charging late fees to my report now. I have done almost everything imaginable to get them to remove the card from my name but they still say they don't have enough proof I'm me to close it. Do I contact the credit reporting agency now? I'm so lost.
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Aug 22, 2014 20:07
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I am receiving phone calls from a company called Contemporary Recovery, requesting I call them back in regard to a debt I owe. First of all I don't believe I have any outstanding debts. I had a medical emergency last year that required a hospital stay but as far as I recall, it was covered by my work's L and I insurance. I can check with my former manager, as I don't work at that business anymore, but this is creeping me out. I've read this thread way back in the day and know not to call these guys back. I'll need to pull my credit reports and get started on a debt verification letter, certified mail. All I can find is their phone number, city the number is located and that they're scummy debt collectors. Any help/advice/knowledge about this company and what I should do?
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Aug 25, 2014 20:32
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Beebubbles posted:I am receiving phone calls from a company called Contemporary Recovery, requesting I call them back in regard to a debt I owe. You should pull your credit report as you already know. If this visit was/should have been covered by insurance, you need to contact the insurance and get a statement describing what was covered. It's typically called an "explanation of benefits" and should be available to you for every insurance claim made on your behalf. The hospital should have also sent you paperwork along these lines, including any bills, but hospitals are often pretty terrible at billing so you may or may not have ever even had it delivered to the address you gave them, or you may have overlooked it.
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Aug 25, 2014 21:56
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NancyPants posted:You should pull your credit report as you already know. If this visit was/should have been covered by insurance, you need to contact the insurance and get a statement describing what was covered. It's typically called an "explanation of benefits" and should be available to you for every insurance claim made on your behalf. Yeah, I called the hospital and they're sending me an itemized list and more information. I'm at work so I can't pull a credit report right now; I will soon.
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Aug 25, 2014 22:12
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Beebubbles posted:Yeah, I called the hospital and they're sending me an itemized list and more information. I'm at work so I can't pull a credit report right now; I will soon. If you're actually in contact with the hospital they can tell you whether it was sold off to a collector.
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Aug 26, 2014 01:38
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So, I've been getting the letters from collections, phone calls, etc. I was all prepared to send out the Debt Verification letter and was searching around for a nice template when I came across THIS page stating that sending a debt verification letter for potentially valid debt is probably a bad idea because it singles you out. Now, my first gut reaction is "this guy works as a debt collector, so it's most likely biased" but there are some convincing arguments in there. So I guess I'm just looking for a "you're right, this guy is biased, send the verification letter". Am I being too paranoid?
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Aug 26, 2014 14:19
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I think that website is a shill pile of junk, however that article is not totally crazy. It's true that the vast majority of collections go uncollected. It's a balancing the risk between elevating your account with a verification letter or clearing the debt from your credit report. Since that's a website trying to sell garbage debt consolidation loans, I would not trust their balancing of that risk whatsoever. I'd wager that far more debt is removed from credit reports with verification letters than debt is actually collected from verification letters identifying debtor's location.
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Aug 26, 2014 14:33
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lord_daeloth posted:So, I've been getting the letters from collections, phone calls, etc. I was all prepared to send out the Debt Verification letter and was searching around for a nice template when I came across THIS page stating that sending a debt verification letter for potentially valid debt is probably a bad idea because it singles you out. Now, my first gut reaction is "this guy works as a debt collector, so it's most likely biased" but there are some convincing arguments in there. So I guess I'm just looking for a "you're right, this guy is biased, send the verification letter". Am I being too paranoid? That guy is a loving idiot, and he is astroturfing bad advice to help scumbag collection agencies collect on your debt. His advice is to not exercise your legal rights and protections, don't get anything in writing, then negotiate an oral contract over the telephone and trust debt collectors to honor a handshake deal with no evidence on your end and no legal mandate to do so since you didn't exercise your right to obtain validation. That advice is so bad it's like telling night time joggers to dress in all black for visibility. The only thing in that article that's correct is that most debts go uncollected. Which is why it's a lot easier to put your file into a shredder when you present a legal demands for validation than it is to fight you over it. Collection agents aren't junkyard dogs who move in for the kill whenever something moves. They're mostly lazy and go after the low hanging fruit.
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Aug 27, 2014 01:37
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Thanks, guys. That's pretty much what I needed to hear. I mean, I guess on an intellectual level I knew all that, but this crap is stressful as all get out and my paranoia reflexes are just kicking in strong. Oh to be able to go back and not be an idiot with loans/credit cards...
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Aug 27, 2014 02:14
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Crunk Abortion posted:That guy is a loving idiot, and he is astroturfing bad advice to help scumbag collection agencies collect on your debt. His advice is to not exercise your legal rights and protections, don't get anything in writing, then negotiate an oral contract over the telephone and trust debt collectors to honor a handshake deal with no evidence on your end and no legal mandate to do so since you didn't exercise your right to obtain validation. The guy's obvious selling something, but from my limited experience, it's not unreasonable to say that sending a DV letter will make a collection agency become more aggressive in trying to collect that debt. I'm not saying to hold off on sending a DV letter in 99% of situations, rather that if you don't need a loan soon and you have a old, valid debt that no one is attempting to collect, letting it age off your report might be a better course of action.
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Aug 27, 2014 02:21
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Include in the DV letter that all communication has to be in writing, then phone calls become violations. Problem solved.
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Aug 27, 2014 03:09
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About 5 years ago, I had my name on my fraternity's Comcast bill. Long story short, we went into default and it ended up in my name as in collections, and is currently listed on my credit reports as being collected under a different agency than Comcast. I am moving to a new place on September 1st and when I called to try to get something set up, it said my account had a balance of $217. Can I dispute this with Comcast since they already sold the debt?
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Aug 27, 2014 18:19
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GobiasIndustries posted:About 5 years ago, I had my name on my fraternity's Comcast bill. Long story short, we went into default and it ended up in my name as in collections, and is currently listed on my credit reports as being collected under a different agency than Comcast. I am moving to a new place on September 1st and when I called to try to get something set up, it said my account had a balance of $217. Can I dispute this with Comcast since they already sold the debt? No. For one, they no longer own the debt. For two, the FDCPA only covers debt buyers and collection agents. When dealing with the original creditor, it's a whole different ball game, with far less enforceable rights on your end. I recently helped a friend deal with Comcast, and it was a nightmare. She didn't owe them a dime, and had several comcast service reps tell her they'd correct her bill (she didn't get it in writing) and they eventually reneged and sent her to collections. The good news is the CA comcast uses (at least where we live) is way more pleasant than Comcast themselves. A validation letter in response to the dunning notice was all it took. LorneReams posted:Include in the DV letter that all communication has to be in writing, then phone calls become violations. Problem solved. I put this in every communication. Please don't call, and then a list of numbers to not call me at, just to give them enough rope to hang themselves with.
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Aug 27, 2014 18:37
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Crunk Abortion posted:I put this in every communication. Please don't call, and then a list of numbers to not call me at, just to give them enough rope to hang themselves with. You magnificent bastard.
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Aug 27, 2014 18:40
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Crunk Abortion posted:No. For one, they no longer own the debt. For two, the FDCPA only covers debt buyers and collection agents. When dealing with the original creditor, it's a whole different ball game, with far less enforceable rights on your end. So what's the best way to handle it with Comcast if I get a bill that comes up with said huge balance? Just call their collections department and pray?
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Aug 27, 2014 21:38
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If you want service with Comcast you're probably going to have to pay the past-due balance. It wouldn't hurt to call and try to negotiate but I wouldn't expect much. If that's too big a chunk to pay all at once you might ask about a payment plan.
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Aug 27, 2014 21:49
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AuntBuck posted:If you want service with Comcast you're probably going to have to pay the past-due balance. It wouldn't hurt to call and try to negotiate but I wouldn't expect much. If that's too big a chunk to pay all at once you might ask about a payment plan. Right, but they've already sold that balance to a debt collector years ago. Shouldn't it either be I pay them and get it off my record as a delinquent account, or deal with it with the collectors?
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Aug 28, 2014 00:40
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GobiasIndustries posted:Right, but they've already sold that balance to a debt collector years ago. Shouldn't it either be I pay them and get it off my record as a delinquent account, or deal with it with the collectors? Doesn't matter. Debts can revert back to the original creditors. If you want service with Comcast they're going to want the past due balance. This is pretty typical for internet and other utilities.
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Aug 28, 2014 00:59
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ladyweapon posted:Today Experian e-mailed me & they've removed the account from my record. Resolution, huzzah!
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Aug 28, 2014 20:13
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GobiasIndustries posted:Right, but they've already sold that balance to a debt collector years ago. Shouldn't it either be I pay them and get it off my record as a delinquent account, or deal with it with the collectors? Just because there's a collection agency doesn't mean the debt was sold. They could be collecting on behalf of Comcast but Comcast still owns it. Utilities seem to retain rights to debts more often than other creditors who will just sell them and forget them.
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Sep 1, 2014 03:07
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Hugbot posted:I don't know the Colorado court rules offhand but they are up on Lexis Nexis for free and it would be a very good idea to read through them. You absolutely will want to file an answer denying each of the plaintiff's claims in order to avoid default judgment. Thanks. I hosed up when filing my answer, using the form there was only a section for 1-2 lines as an answer, and I did not counter every one of their claims. I received a Motion for Judgment of the Pleadings, and it basically says that I did not dispute all their claims therefor no facts are up for dispute and they are entitled to a judgment with no trial. Not quite sure how to respond to this. Do I file a "Memorandum in opposition to Plaintiff's Motion for judgment on the pleadings"? I want to fully argue my side that they have no legal standing to collect, no bill of sale, and no contract had ever been entered.
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Sep 11, 2014 20:13
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Meta Ridley posted:Thanks. I hosed up when filing my answer, using the form there was only a section for 1-2 lines as an answer, and I did not counter every one of their claims. You need to consult a lawyer. You have basically no chance of success by doing this on your own. Whether that's fair or not is beside the point. Call around looking for free/cheap consultations.
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Sep 11, 2014 20:26
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I'm not nearly in as bad of shape as most people are as according to the one collection agency that is after me I only owe a total of $352.21. This company (RJM ACQUISITIONS LLC) has been after me for a while, but the only reason I can see for them not suing me is how low of an amount I owe. Now, in the most recent letter it says "Please respond by October 4 2014. When you finish paying, this account will be Satisfied in Full." They give me 3 payment options. A lump sum of $211.32 (a 40% discount), $20 a month for $246.54, or $10 a month for the full amount. The reason for the debt is an overdrawn keybank checking account. I have not tried to contact RJM about this at all, nor have I recieved any phone calls. At the bottom it says "The law limits how long you can be sued on a debt, and your debt is beyond that limitation." I am completely able to pay the full amount of option 1 (lump sum of $211.62). My questions are, should I send them a letter to negotiate a pay for delete, or can I do it over the phone? Can I negotiate a different lump sum amount? It says if I pay the lump sum the account will be "Now satisfied in full." But that doesn't mean it will be removed from my credit report right? My credit score is 710 as of this post. How will paying this off/getting it deleted affect my score? As far as I can tell, this is the only thing preventing me from getting an actual bank account (as opposed to using a netspend card to pay bills) and preventing me from getting a credit card. Now, I was accepted for getting a Microcenter card, as well and a Macy's card which are all being paid on time with zero late fees or fuckups, but I can't pay for gas, food or establish prolonged good credit history with a bank with them. I'm hoping to settle this debt, get it deleted from my credit report, open a bank account and get a card so in a years time, I can apply for an auto loan without getting hosed straight into the ground. Thanks in advance, and thank you OP for posting this informative thread!  
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Sep 25, 2014 00:50
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Kabuki Shipoopi posted:This company (RJM ACQUISITIONS LLC) has been after me for a while, but the only reason I can see for them not suing me is how low of an amount I owe. quote:My questions are, should I send them a letter to negotiate a pay for delete, or can I do it over the phone? Can I negotiate a different lump sum amount? quote:It says if I pay the lump sum the account will be "Now satisfied in full." But that doesn't mean it will be removed from my credit report right? My credit score is 710 as of this post. quote:As far as I can tell, this is the only thing preventing me from getting an actual bank account (as opposed to using a netspend card to pay bills) and preventing me from getting a credit card. I have a worse credit score than you do and can get a not-horrible car loan (from my CU) if I wanted one, for reference.
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Sep 25, 2014 01:09
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ladyweapon posted:How old is this debt? They outright mention they can't actually go after you so it seems like its past the reporting period. The statute of limitations for debts is often shorter than the legally mandated removal of negative items on a credit report. Credit reporting agencies are allowed to list a negative item for seven years (ten for bankruptcies). The SOL for consumer debts varies by state, but I think most are well below seven years.
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Sep 25, 2014 01:21
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ladyweapon posted:How old is this debt? They outright mention they can't actually go after you so it seems like its past the reporting period. The date the RJM account was opened was 8/31/06. quote:You can't get a credit card, but you have a Macy's credit card? Have you talked to your local credit unions about opening an account? I've only ever heard of a chexsystems record stopping people from opening accounts. I have, and they have mentioned they won't open an account with me until this debt from Keybank is taken care of. I remember them mentioning I should get a hold of chexsystems to see what it was about, but I'm certain it's because of this debt owed to Keybank. quote:I have a worse credit score than you do and can get a not-horrible car loan (from my CU) if I wanted one, for reference. Ideally that is my plan. Once I get this debt stricken from my record, I can get into a credit union or a bank and talk to them about auto loans as opposed to getting one through a dealer with a super high interest rate.
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Sep 25, 2014 01:53
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Just be careful with contacting them. If they get you to admit liability for the debt, it resets the clock on the statute of limitations and exposes you potentially to a lawsuit.
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Sep 25, 2014 15:44
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Kabuki Shipoopi posted:Ideally that is my plan. Once I get this debt stricken from my record, I can get into a credit union or a bank and talk to them about auto loans as opposed to getting one through a dealer with a super high interest rate.
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Sep 25, 2014 15:51
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Ok I checked my credit report a couple days ago and noticed an account that was added as a debt from a collection agency in late 2012 (erp) now suddenly has an "opened" date of March 2014. It looks like they've been moving it up every year so it's constantly "new" and I've never spoken to them to claim it. This seems illegal. Is it?
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Sep 25, 2014 16:17
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Crunk Abortion posted:Just be careful with contacting them. If they get you to admit liability for the debt, it resets the clock on the statute of limitations and exposes you potentially to a lawsuit. I work at a debt collection law firm in Illinois. You can call us up and admit the debt belongs to you all you want after the statute of limitations runs out and we can't do poo poo about it. Most statutes of limitations are x years after the last payment date. If you opened it and never paid, it's x years past the charge off date.
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Sep 25, 2014 21:24
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ladyweapon posted:Where is it you live? I find it really weird that you can't get any bank account at all due to defaulting on an account from eight years ago. Have you actually talked to someone, in person, about opening an account recently? Credit unions, especially local ones, tend to be much more reasonable in my experience. More so when you actively get across that you're trying to fix your situation and are unsure of how to get a foot hold on building up your credit again. US Bank offers a secured card that reports to all three agencies, but you pay a yearly fee of like $40 for it. I would honestly wait out a debt that old. I think experian's credit report will show you when something is "scheduled" to fall off your record. If you really want to get in contact, send them a debt verification letter, if they respond then go from there. If they don't respond, try to get it removed. I live in Michigan about a mile from Detroit. I not only spoke with someone at a credit union, but it's the same credit union my family has been with for at least 20 years. This was last year though. I had inquired about joining other credit unions in previous years and was told the same thing. Now, my microcenter card is affiliated with Wells Fargo and they offer what is called a second-chance account but there are monthly fees attached. Something small like $10 or $15 a month, but that is no different from what I am doing now through netspend/metabank aside from the bank itself. I recently applied for and subsequently denied a credit card app through Wells Fargo, but the banker I spoke with told me I have other options like a secured card wherein I have to put up the limit I want to have, and if I prove myself to be in good standing, eventually they will move the money into an account and I will have a regular credit card with whatever my limit was. Though that is an option, id rather not tie up a couple grand while I wait for that to go into effect. I'd hate to accidentally re open the chances for me to get sued over this again especially since its less than $500.  I just want to get this taken care of in the least painful way possible so I can continue on building credit and move forward with my life. 
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Sep 25, 2014 22:51
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I have a account in collections on my credit report originating in early 2009. It's essentially the last thing I need to deal with to repair my credit, since everything else I hosed up in my youthful indiscretion has thankfully dropped off by now. This one is a collection from an apartment complex from which I was evicted, and I'm wondering at this point, having basically completely ignored it up until now, what is my recourse? Should I contact the agency who currently holds the debt? Should I continue to ignore it just wait until it falls off my report in ~ 18 months? Also, I'm not sure whether it was taken to court and a default judgment was given or what, is there any way to find this out?
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Oct 1, 2014 01:01
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Kabuki Shipoopi posted:The date the RJM account was opened was 8/31/06 The collection started that date or thre original account was opened that date? If the collection account is that old it shouldn't be reported any more. If it was charged off less than seven years ago and can still be reported you could ask them to delete in exchange for a payment. You can negotiate by phone or in writing. Record the call. Notify them if your state requires it. Conversation is simple. "I don't believe I owe this debt. You have no way to get the money from me. I will pay a reasonable amount to have this deleted and done with. Make an offer." That's not going to reset anything. And find a credit Union that will give you an account even with that old debt. There are credit unions tha will. Do some Google searches for places that don't use chexsystems. Changing the collection account from unpaid to settled will do nothing for your score. Might even lower it because an old account will now get updated. Try to get it removed.
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Oct 5, 2014 09:19
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Kase Im Licht posted:The collection started that date or thre original account was opened that date? Not sure exactly.  Either way thanks a ton for all your help goons! I'm going to take care of this on Monday and I'll report back.
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Oct 5, 2014 18:18
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Hotdog In A Hallway posted:I AM NOT AN ATTORNEY I am also not an attorney. I work at a collections firm in MI and the dude I quoted is correct. When was the last time you made a payment to the account? MI has a 6 year SOL for credit cards, so if the collection agency is telling you it's past statute, it's probably about to fall off your credit report anyway. As one dude on the internet to another, I'd say wait it out and don't even bother with the agency. Get a CU to take pity on you in the meantime or get a secured credit card. Even a low-limit card will help your credit.
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Oct 6, 2014 01:56
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