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LorneReams posted:Yes, they may not have any idea what you are talking about and need to be shown specifically. I get what you mean now. Yes I will and thank you for the advice.
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Feb 21, 2015 21:06
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Veskit posted:I get what you mean now. Yes I will and thank you for the advice. I've had judges who knew NOTHING about the FDCPA or the FCRA and I had to lead them through the entire process that shows what the specific violation was and the amount of damages allowed.
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Feb 21, 2015 21:24
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LorneReams posted:I've had judges who knew NOTHING about the FDCPA or the FCRA and I had to lead them through the entire process that shows what the specific violation was and the amount of damages allowed. Ohhh bother what should I bring about the FCRA or what should I read up about it if anything? I only filed a suit about the FDCPA issues. I get it now. I don't think this is FCRA related, I already got everything removed from my credit report. I'm assuming it can't come back because I have it in writing that they removed it and it's gone. I'll have to read up though on how that works. Veskit fucked around with this message at 22:11 on Feb 21, 2015 |
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Feb 21, 2015 21:36
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Sub Rosa posted:Right, to deceive people, or as the link says "with the intent to defraud, cause harm, or wrongfully obtain anything of value" but it isn't illegal to change your personal caller ID otherwise, and it is very easy to do these days. I have outbound lines with two different carriers that will allow me to set it to anything I wish. Good thing we're talking about debt collection agencies and what their caller IDs might show up as and not what nerds like us can do with their personal lines (go ahead and set your outbound number to the white house and see how long that lasts without any issues). A debt collection agency loving with their outbound lines set to whatever they want would be shut down/found out fast. The only people that blatantly do that kind of stuff are people overseas, and they get shut down pretty quickly by whoever their reseller's reseller is in the US once enough fraud/abuse complaints come in. None of this sperginess (which I actually enjoyed because apparently you know what you're talking about) again is relevant to the thread. Your position is the records from someone's carrier would provide no help whatsoever, my position is it can (but won't be guaranteed) to be helpful. We disagree there, but none of what you typed out helps anyone in the thread.
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Feb 21, 2015 21:54
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mishaq posted:A debt collection agency loving with their outbound lines set to whatever they want would be shut down/found out fast. Considering the willingness of debt collection agencies to flounce the law, I doubt that has changed. The takeaway for people getting harassed by debt collectors is record your calls and try to get them to identify themselves and their company. I'd then suggest telling them that you choose to conduct all business in writing via mail. Then if they keep calling you, and keep identifying themselves, you are catching them in violations, so long as you can document the ID of the caller, which again in my experience results in them calling anyway and hanging up as soon as you inform them you are recording (which I'd only advise if you are in a two-party state) or asking their and their company's identity.
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Feb 22, 2015 16:28
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Hey everyone, This has probably been asked but I haven't actually seen it, but I am still reading this thread (and I have pages on pages to get through). Anyway, I just got served and I am being sued by a collections agency. My question is basically: Is it too late to call up and try to settle? In the earlier part of this thread (which is where I'm reading from) the popular advice was to ask for for a pay to delete. Does doing this have any negative repercussions? I know I can appear in court, and if this is too late in the process to do this then that is what I will do. Thanks in advance. What I have been able to read of this thread so far has been awesome and super informative. edit: Also, I assume this is basically not a very winnable case because they attached a copy of a statement from the original creditor in the letter they sent me. is that assumption correct? grvm fucked around with this message at 03:37 on Feb 25, 2015 |
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Feb 25, 2015 03:10
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grvm posted:Hey everyone, You can always settle, you can settle right in the courtroom even. Judges really want a mutual agreement as those have a higher chance not to end back in the courtroom. Pay for deletes are hard to get, but if you can get it: It's like the debt never existed.
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Feb 25, 2015 03:36
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grvm posted:Hey everyone, Just make sure to show up...sometimes you luck out like I did and they send a junior attorney who has 25 cases in that district in the morning and another 20 in the next county over. They called my name, I showed up with docs to argue my case, and they dismissed it entirely because the guy didn't want to spend an hour arguing with me when he could just auto-win the other 40 cases he had for the day because other people didn't show up. Bring any documents that you have, be prepared to settle, and don't be afraid to ask for an original truth in lending sheet or original signed application.
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Feb 25, 2015 14:39
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I had a collection letter come in about an account that I didn't know existed for over a year, but do legitimately owe, and I'm trying to buy a house so I want this off. I contacted the original creditor to see if I could just pay them and get them to take it off, but they said it was already sold to the collection agency. I called the collection agency and asked if they would remove it from my credit report if settled, and they said they don't do that per company policy. Is this bullshit? I'm happy to pay the money, I just want it taken off. I was thinking of sending this contract with the numbers they offered for settlement put in, which basically says that despite me not feeling that the validity of the debt has not been proven by the collection agency, I am willing to pay the agreed upon amount if they agree to completely remove any listening on the credit report. Is this enough? I'm just trying to get this done as quickly as possible.
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Feb 25, 2015 17:31
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Fiendish Dr. Wu posted:I had a collection letter come in about an account that I didn't know existed for over a year, but do legitimately owe, and I'm trying to buy a house so I want this off. I would send a debt verification letter first. Then a PFD.
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Feb 25, 2015 17:41
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SiGmA_X posted:'Legit' collection agencies won't do pay for delete. It's against the credit bureau's rules. Gotcha. I'm assuming this is a legit company because the original creditor told me I'd have to deal with them because they don' t have the account any more. Not sure if it was assigned, sold, or what. I'll send that letter first, I was just hoping to skip the whole thing. If the company is totally legit (kind of assuming it is here) and I'm happy to pay it off, what's the best possible outcome wrt credit report? Satisfied In Full? If they don't delete as per company policy, is this a possibility?
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Feb 25, 2015 17:53
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Guys I looked up my court case and now it's in mediation is that good or bad? I mean the lawyer layed on the defense pretty loving thick and now they want to go to mediate? What is the difference between mediation with a lawyer and going to court with a lawyer am i hosed more or less by this? Is mediation settling? How in the poo poo do I even go find this stuff if not for the internet were they supposed to mail me the law is so friggin intimidating. Veskit fucked around with this message at 19:27 on Feb 25, 2015 |
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Feb 25, 2015 19:23
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I never got forced into mediation before, sorry. I would be unsure what there is to mediate besides the amount of the damages. A violation is a violation, this isn't proving loss, this is statutory. I would object to mediation if possible.
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Feb 25, 2015 19:37
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I went down tot he courthouse and asked about the whole process and I'm freaking out too hard. Each case goes through the mediation department and they pick ones they feel are good for mediation. They picked mine, and now it can go into mediation if both myself and the lawyer want to go mediate. mediation is getting in a room and talking out a deal witha mediator. It's fast and informal. It's not tied to the court case, and you can be a belligerent rear end in a top hat if you want. Really though, I don't want to give away my whole case to the lawyer, who will just tear it apart in court so mediation seems like a poor idea. Unless I go to mediation with half a case, just the violations and the letter and say that's that and see what he offers/does.
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Feb 25, 2015 20:44
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Oh, ok, this is not what I thought it was, this is pre-trial mediation which is actually good for you if you want to get them to settle. The court does this to try to not waste time with a whole trial if it feels you should attempt to work this out for yourselves. You may be able to negotiate some money and clearing the debt as well as deletion. You have the right idea to keep your cards close to your chest. Good luck.
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Feb 25, 2015 20:49
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LorneReams posted:Oh, ok, this is not what I thought it was, this is pre-trial mediation which is actually good for you if you want to get them to settle. The court does this to try to not waste time with a whole trial if it feels you should attempt to work this out for yourselves. Well the debt's deleted. The only bargaining chip I'd have to give them is silence on the case itself. I think I'll say i'm willing, waste some lawyer dollars, show them the violations and the fines which they already know about and see what the mediation comes to and either take it or leave it if there's an offer. They said courtr takes 2 months to get to the pre-trial and another 2 months to get to the real trial.
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Feb 25, 2015 21:03
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Well you also have the bargining that you will settle to avoid a protracted legal fight. Again, in my state, they cannot recoup legal fees, only the court fees, so it's costing this company money just to answer these summons.
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Feb 25, 2015 21:13
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LorneReams posted:Well you also have the bargining that you will settle to avoid a protracted legal fight. Again, in my state, they cannot recoup legal fees, only the court fees, so it's costing this company money just to answer these summons. Thank you for the reminder I completely forgot that was part of the leverage.
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Feb 25, 2015 21:21
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Veskit posted:Thank you for the reminder I completely forgot that was part of the leverage. Seems like you have the advantage if you ask me. Do they have any idea how many violations you've got evidence of?
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Feb 25, 2015 22:09
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OssiansFolly posted:Seems like you have the advantage if you ask me. Do they have any idea how many violations you've got evidence of? They probably have a decent enough idea since the violations are in a letter, and it's a template they send. I just read over the letter and counted the violations. I also said what they were in the answer so they know what i'm going after.
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Feb 25, 2015 22:53
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SiGmA_X posted:'Legit' collection agencies won't do pay for delete. It's against the credit bureau's rules.
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Feb 26, 2015 10:51
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Sub Rosa posted:Like most other things they say, debt collectors are lying when they claim this. No they are not. CRAs can cut off your access if it's shown you are selectivly reporting.
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Feb 26, 2015 14:54
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Different people, different problem, is there anything illegal or anyway I can use this sentence on this bill they just sent me "IF YOU PAY THE ACCOUNT IN FULL AND ASK FOR DELETION FROM YOUR CREDIT FILE(S), WE WILL REQUEST DELETION ON YOU BEHALF." That's like really really bad right?
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Feb 27, 2015 01:43
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Veskit posted:Different people, different problem, is there anything illegal or anyway I can use this sentence on this bill they just sent me You could forward that to whatever CRA they work with, I betcha they would just love to see that. I doubt it's illegal though.
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Feb 27, 2015 10:50
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Veskit posted:Different people, different problem, is there anything illegal or anyway I can use this sentence on this bill they just sent me Sounds like the age old "We didn't say we would...we said we would 'request' it on your behalf". Its a cop out and a trick. Stupid double speak.
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Feb 27, 2015 15:44
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The way the get around it is they "lose" the documentation for the loan so the CRA drops it. They really are not supposed to come right out and say they will delete it though.
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Feb 27, 2015 16:12
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Meh ok, they didn't really validate it either way so I was just curious. I'll dispute it and get it off my credit and include that tidbit and leave it alone. I'm just tired. At the beginning when reading through all of this I thought hell yeah why wouldn't anyone be litigious and thorough and try to take everything as far as you can but after a point when you go down the rabbit hole you realize everything is one big violation and holy crap what a horrific industry. Do the people working in it realize how bad of people they are? It's just weird I work in an industry where we take all the various laws so seriously because we don't want violations and we don't want to step on people's rights and we genuinely want to do the right thing while i'm fighting against people actively trying to do bad things. Just exhausted but I'll keep going. I'll keep you guys posted almost there! my like 15 collections are down to 4/2/1 on various credit reports thanks to everyone so thanks.
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Feb 27, 2015 16:48
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It is absolutely exhausting. Just keeping an accurate log of all the people you talk to is hard enough. It's unbelievable how lovely even the government employees get when you ask for them name for your documentation. I just had this conversation two weeks ago:quote:"Hi, this is Judy with the National Student Loan Data System, may I have your full name please?" It's unbelievable the way these folks act. By the way I paid off a federal student loan in full over two months ago and the student loan database shows it as defaulted and unpaid. I've called them several times about it: quote:"Sorry, you need to take this up with the servicer, we don't have anything to do with the stuff in our database"
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Feb 27, 2015 17:25
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Veskit posted:Do the people working in [debt collection] realize how bad of people they are? It's just weird I work in an industry where we take all the various laws so seriously because we don't want violations and we don't want to step on people's rights and we genuinely want to do the right thing while i'm fighting against people actively trying to do bad things. Just exhausted but I'll keep going. I'll keep you guys posted almost there! my like 15 collections are down to 4/2/1 on various credit reports thanks to everyone so thanks. It's a terrible industry full of sociopaths but I assure you a lot of places, and a lot of the individuals working these jobs, do actually give a true poo poo about rules and regs.
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Feb 28, 2015 05:24
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I have a question: We all know that if you mail a cease-and-desist to a collection agency, they are required to stop calling you on the phone. What is the separation required between collection agencies in regard to this? Can company A hand the account over to company B which is owned by the same individual(s) to reset the process? Are there any restrictions at all in regard to this? Could company A and company B both have the same registered agent and yet company B is allowed to start calling again?
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Mar 3, 2015 15:05
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The date is set for mediation next Tuesday. The mediation lady said this specific lawyer is nice, and they usually are allowed to settle. Either way things are moving  Still scared though.
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Mar 3, 2015 20:59
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Veskit posted:The date is set for mediation next Tuesday. The mediation lady said this specific lawyer is nice, and they usually are allowed to settle. Either way things are moving Good luck Veskit, someday you'll have no debt and then you can for real start that Roth IRA 
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Mar 3, 2015 23:31
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100 HOGS AGREE posted:Good luck Veskit, someday you'll have no debt and then you can for real start that Roth IRA It'll be a pretty cool day when i'm making enough bank to 401k and roth ira all at the same time.
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Mar 3, 2015 23:33
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Okay, if I got a new phone number and that phone number happened to previously belong to a guy who was getting the living hell sued out of him by debt collectors who are now calling me like 5 times a day and won't take my word that I'm not a guy named David (not even the same gender), what other steps can I take to make them stop? I've blocked the numbers but they just start calling from another one. I've called each of them back and told them I'm not him and they haven't stopped. It's getting really aggravating.
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Mar 4, 2015 00:39
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Arus posted:Okay, if I got a new phone number and that phone number happened to previously belong to a guy who was getting the living hell sued out of him by debt collectors who are now calling me like 5 times a day and won't take my word that I'm not a guy named David (not even the same gender), what other steps can I take to make them stop? I've blocked the numbers but they just start calling from another one. I've called each of them back and told them I'm not him and they haven't stopped. It's getting really aggravating. Change your phone number, if you can.
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Mar 4, 2015 00:57
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Arus posted:Okay, if I got a new phone number and that phone number happened to previously belong to a guy who was getting the living hell sued out of him by debt collectors who are now calling me like 5 times a day and won't take my word that I'm not a guy named David (not even the same gender), what other steps can I take to make them stop? I've blocked the numbers but they just start calling from another one. I've called each of them back and told them I'm not him and they haven't stopped. It's getting really aggravating. C&D, then threaten to sue. Let them leave messages, that racks up violations.
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Mar 4, 2015 04:05
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LorneReams posted:C&D, then threaten to sue. Let them leave messages, that racks up violations. Couple problems with this approach - Collectors tend to spoof their phone numbers and won't tell you who they are, or they'll lie - Certified letters cost $7 a pop now (sent one yesterday) and you don't get to recoup that cost - They'll play hot potato with the account and kick it off to another "company" down the hall resetting the process If it was one or two collectors I'd play hardball but if you're getting tons of calls from tons of organizations each and every day, I'd just change my number.
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Mar 4, 2015 13:58
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Where the heck are you sending your certified letters they're like 3 bucks at the USPS.
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Mar 4, 2015 16:44
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Veskit posted:Where the heck are you sending your certified letters they're like 3 bucks at the USPS. 5 with RR, so he does have a point. If it got that bad, I would file a police report, and then have them get the actual phone number and business name. If someone is calling you > 5 times a day, that borders on being a crime.
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Mar 4, 2015 16:46
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A few of the numbers are local so I'll probably take the c&d route, our cops don't have time to deal with someone getting harassing phone calls for someone else from a collection agency so I don't think that's going to do any good. The dude apparently sharked at least three payday loan places before he skipped town. I don't think changing numbers is a good option because the phone is through family mobile and chances are good I'll have the same thing happen again, plus it'll just leave someone else with the same issue.
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Mar 4, 2015 16:56
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