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AuntBuck posted:They're fishing. Do they have your address correct? I'd say send a debt validation request, but you don't want to give them any more personal info. They sent it to my correct address, but the address and name aren't on the account "statement" (if you can even call it that). I'm going to do the validation routine but I just saw they were fined $3.2 mil a few months back for not validating disputed debts. It does seem like fishing, with the whole no company name attached and all. They aren't even in my state. E: I just realized this same collector is after the so for his debt. Could they be fishing me because we use the same mailing address? If so that's some snakey poo poo. Arus fucked around with this message at 02:29 on Jun 12, 2015 |
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Jun 12, 2015 02:20
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Arus posted:Anyone ever gotten a collection notice from transworld systems that's is posted under default client and only has your first name? Seems really scammy. I've haven't gotten a bill for anything and I pay in full any time I do something so this is kind of a slap in the face. Is it on your credit report?
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Jun 12, 2015 02:35
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SiGmA_X posted:Is it on your credit report? It shouldn't be, it's the first notice letter with the 30 day dispute statement on it. Creditkarma only updates once a week though. E: no, I don't see any changes. Arus fucked around with this message at 02:55 on Jun 12, 2015 |
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Jun 12, 2015 02:51
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It's not credit card debt, but this seems the best place to ask. I had a medical bill that was late, but paid in full last month, but got a letter a few days ago from a debt collector saying it had been sold to them and to pony up. What are my options?
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Jun 17, 2015 14:34
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Kickshaw posted:It's not credit card debt, but this seems the best place to ask. I had a medical bill that was late, but paid in full last month, but got a letter a few days ago from a debt collector saying it had been sold to them and to pony up. What are my options? Mail them a cease-and-desist and attach the receipt for payment. Mail it certified with signature required. If they ever contact you again, google 'collections agency lawyer'. If it shows up on your credit, dispute it immediately and submit the payment receipt. Do this for any and all collectors that contact you about it. Keep a written log of any contact including the initial one.
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Jun 17, 2015 14:44
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Just got word that my second of three cases against collection agencies has just settled for $1,000. That makes $1,800 so far  I'm at the point where I'm just hoping for collector phone calls now.
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Jun 18, 2015 19:08
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revmoo posted:Just got word that my second of three cases against collection agencies has just settled for $1,000. That makes $1,800 so far Yea I got a very bad call this past week from a Sallie Mae collector. She threatened me with almost everything almost right off the bat because I refused to give a random stranger calling me from an unknown number my date of birth or social...
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Jun 18, 2015 19:28
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revmoo posted:Just got word that my second of three cases against collection agencies has just settled for $1,000. That makes $1,800 so far Do you have to record the audio of these calls or will documented dates/times/summaries be enough for a case?
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Jun 18, 2015 20:29
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ChiralCondensate posted:Do you have to record the audio of these calls or will documented dates/times/summaries be enough for a case? It's plenty. In my case I had a CSV export that my boss provided me from the work VoIP system, but as long as you have dates/times/person/company name/what was said that is usually enough. Your settlements are likely to be lower than the statute limit without hard proof, but each case is different. Call recordings are useful but not always necessary and often illegal depending on wiretap laws. Ideally the way it works is: 1. Collector calls, you ask them their address, their name (make note if they refuse to give full name or w/e) tell them to only contact you via writing. Make notes of every tiny detail in a log. 2. Immediately mail a C&D letter (yes, even though you told them over the phone). Pay the six bucks to mail it certified. 3. Archive original C&D letter and store it with mail/return receipts 4. Collector calls again. Get their name, and call details, and then tell them to suck a gently caress 5. Contact ambulance-chaser collection attorney. Provide all info that you have. At this point a printout of your phone company call records showing a dated call AFTER either C&D would be very helpful 6. Wait three months for phone call from attorney telling you that you won The way this gets cloudy is if the collector calls from a blocked number, refuses to identify themselves or their company, and then hangs up. With these guys you have to get a little creative about getting their information. YMMV, remember these types are actual criminals and they don't play by the rules.
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Jun 18, 2015 20:47
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If you're dealing with collectors, check the law in your area. Oregon is a one party state so I don't have to notify the other party. This was great when a friend was being harassed and I was a reference he put down. The collector never again called me after I recorded him giving out info about my friend, and I notified the collector after the fact that he was being recorded. Fun times!
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Jun 18, 2015 21:27
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Yes check your local laws, some states only require the consent of one party of the call (you) while others need the consent of both. Some states have further laws. My state, Michigan, for example is a one party consent state, unless the person recording the call is not involved with it, then you need the consent of all parties involved.
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Jun 21, 2015 16:48
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About a year ago I received a collections letter and followed up with a dispute and validation letter. Yesterday I received another letter threatening to report the debt to credit bureaus in 10 business day. The company never provided the info requested to prove ownership of the debt. Do I wait until they report and then contest or do I respond now saying they're attempting to collect on something they never validated? Or, third option, did I screw something up to begin with and should I send a pay-for-delete/settlement offer?
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Jul 16, 2015 13:35
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Proposition Castle posted:About a year ago I received a collections letter and followed up with a dispute and validation letter. Yesterday I received another letter threatening to report the debt to credit bureaus in 10 business day. The company never provided the info requested to prove ownership of the debt. Do you have the letters and delivery receipts to show you sent them those letters? Do you have the letter sent to the credit reporting agencies and the delivery receipts notifying them that they didn't provide the evidence the debt is yours? If you don't have this stuff then it is probably best to resend those requests and to keep all records of it. If you do have all those letters then wait for them to send to your credit and get a lawyer to go after them for a violation. Don't send a pay for delete or settlement when you know from prior run ins that they don't validate debts.
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Jul 16, 2015 15:02
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OssiansFolly posted:Do you have the letters and delivery receipts to show you sent them those letters? Do you have the letter sent to the credit reporting agencies and the delivery receipts notifying them that they didn't provide the evidence the debt is yours? I have a copy of the validation letter and its return receipt. My credit hasn't been hit yet so there hasn't been anything to contest with them yet. It sounds like I should wait until it shows up on the report, contest with the bureaus with certified return receipt etc., then retain council. Thanks!
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Jul 16, 2015 15:33
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I've fought this but judges have traditionally found that threatening to leave a credit reporting entry is not a violation unfortunately. Just keep your paper trial air-tight in case they choose to cross the line.
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Jul 16, 2015 15:44
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My boyfriend has a $51 medical debt, in collections since December 2009. We are in California. He does not recall what the medical debt is for, and he has not received any phone calls, bills, or other communications attempting to collect on the debt in the past 5-6 years. It's probably real and his, but he's not sure since he it's been so long. It's possible that his mom received the bills way back in 2009 and never paid them, or she might have never told him they were in his name. She has done fishy stuff financially in the past like draining his savings accounts. He was only 18 and was on his family's Medicaid plan at the time, so we are also wondering if this was something Medicaid should have fully covered, but the right paperwork was never filed. Is it still worth sending a validation letter with certified mail and read receipt for an account this small? It's such a low dollar amount, obviously he can just pay it off now but if we could get it deleted from his report altogether, that would be ideal. We are looking to apply for a car loan in the next 2-3 months so it would be great to get this resolved before then. This is the only derogatory mark he has. I'm also wondering if we can dispute this and get it removed entirely considering he was not aware he had any accounts in collections until today. We have to be close to the SOL on this debt, but I can't find a definitive timeline. Should he just call up the collections agency and pay the debt? Will this remove the account entirely, or will it still bring his credit score down somewhat? Should we go through the formal steps of requesting a validation letter and disputing the debt with Transunion, Experian, etc.? Thanks for any insight!
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Jul 17, 2015 19:14
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The statue of limitations in California is 3 years, so unless the debt is re-aged there's nothing the collector can do to force him to pay at this point. It will fall off of his credit report after 7 years, I'd just wait it out. Go ahead and dispute it, it might fall off if the collector doesn't contest the dispute but otherwise it should fall off on its own at the end of next year.
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Jul 17, 2015 19:23
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dead lettuce posted:Should he just call up the collections agency and pay the debt? Will this remove the account entirely, or will it still bring his credit score down somewhat? Should we go through the formal steps of requesting a validation letter and disputing the debt with Transunion, Experian, etc.? Thanks for any insight!
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Jul 17, 2015 23:35
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Ok thank you both! An hour after I posted this he did remember what it was for. His mom forced him to go to the emergency room when he had the flu and said she would pay the bill. Based on the credit report, it looks like she paid half the balance and never paid the other half, and probably hid the bills from him since he never saw one. Another question though -- the same 2 reports show a closed credit card from early 2008. The account was closed by the creditor, but it was in good standing with a history of only on-time payments. The account was opened in 1998 and closed in 2008, but the account was only been reported under his name from 2007-2008. This is when we were juniors/seniors in high school and he definitely did not have a CC at this point. The card had a credit limit of $1500 and high balance of almost $12K, so it was probably his mom. No idea why she would have put him on her CC. Is this worth disputing, or is it actually helping his FICO score since all payments were on time? The account is scheduled to remain on his record through 2018.
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Jul 17, 2015 23:40
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I was served a Complaint from Cavalry SPV I LLC this week for a HSBC credit card I took out 5 years ago (to the best of my knowledge). In the complaint, they state an amount of what I owe (I'm not sure if it's the actual amount from the OC) and have my account number as nothing but asterisks and the last four digits of the account number. Is that grounds for a denial? They didn't provide any supporting documentation like the original contract and all that. Edit: The debt is for just over $1k, is this worth hiring an attorney for? cage-free egghead fucked around with this message at 04:09 on Jul 23, 2015 |
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Jul 23, 2015 03:48
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Lblitzer posted:I was served a Complaint from Cavalry SPV I LLC this week for a HSBC credit card I took out 5 years ago (to the best of my knowledge). In the complaint, they state an amount of what I owe (I'm not sure if it's the actual amount from the OC) and have my account number as nothing but asterisks and the last four digits of the account number. Is that grounds for a denial? They didn't provide any supporting documentation like the original contract and all that. What actually constitutes a debt validation is an extremely murky grey area of the law. Judges have upheld that simply confirming it is enough, but it's a pretty shaky legal premise. I've had success writing a thorough letter telling them to gently caress off in the past if they failed to provide enough information. For example, you can write a response such as: "In your debt validation paperwork you fail to provide even the most basic documentation to show that this debt is legitimately owed by me. Nothing in the provided documentation shows the terms of the loan, cardholder agreement, original truth-in-lending statement, accounting for accrued interest, principal, or other basic information that would establish that this is a debt owed by me or any other individual" Then, you could go on and say: "While I deny that this is a legitimate debt owed by me, in the interest of resolving this issue I am willing to make a one-time payment of $200 to settle this claim. If this offer is suitable, please respond with the appropriate documentation outlining the terms of this proposed settlement and I will remit payment. If your company chooses to move forward with collection activity on this account, I desire all communications to be in writing only. In the event your firm chooses to file suit regarding this account I will request a trial by jury and I look forward to vigorously defending this issue." But you could also just as easily stick to your guns and just deny that it's a legitimate claim. It's kind of 50/50 whether or not it'll work out, whether it will appear on your credit report, and whether or not you would win with a credit dispute. You have to consider the details of your specific situation. Regardless, keep all communication in writing, send all letters certified and formal in nature, and keep a dated log of all communication, written or otherwise. Also depending on your state and the exact dates you may be outside of the statute of limitations for the account. If that is the case, then just write a letter telling them that. If they report it to the CRAs with inaccurate dates, get a lawyer to sue them for the FDCPA violation. revmoo fucked around with this message at 12:23 on Jul 23, 2015 |
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Jul 23, 2015 12:21
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Perhaps I just didn't make it clear, the Complaint was served to me by a sheriff and they're suing me. I'm working on my Answer currently.
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Jul 23, 2015 12:42
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Oh whoops didn't realize that. Well, show up in court argue the case on its merits and see what happens. Decent chance they'll drop the case, but you'll just have to see. Double check that it's not outside of your statute of limitations though, that's an easy win if so.
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Jul 23, 2015 12:53
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Lblitzer posted:I was served a Complaint from Cavalry SPV I LLC this week for a HSBC credit card I took out 5 years ago (to the best of my knowledge). In the complaint, they state an amount of what I owe (I'm not sure if it's the actual amount from the OC) and have my account number as nothing but asterisks and the last four digits of the account number. Is that grounds for a denial? They didn't provide any supporting documentation like the original contract and all that. What state are you in? Is this the first time you've heard from them? You can and should send a debt validation request, as well as finishing your answer for court.
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Jul 23, 2015 13:46
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I'm in MN. Not the first time I heard from them, they sent a collection notice sometime last year and it's been passed around several times to different JBDs over the course of the last 5 years (SOL is 6 years here, drat). I'll probably just agree with the truthful ones (like where I reside, etc) and Deny or Insufficient Information ones that could be just made up. Thanks guys.
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Jul 23, 2015 14:50
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I should also mention it's entirely possible the judge will tell you and the attorney to talk outside in the hallway and work out a settlement. Just because you're in a courtroom doesn't mean you're going to get hit with the entire amount. Assuming you can cough up the scratch to pay the full amount, try to negotiate, but if that fails then try and settle for the full amount--much better to pay than to have a judgment on your record.
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Jul 23, 2015 15:22
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dead lettuce posted:Is this worth disputing, or is it actually helping his FICO score since all payments were on time? The account is scheduled to remain on his record through 2018.
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Jul 24, 2015 01:58
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Thanks, that's what I figured. He was so angry that his mom had affected his credit score in multiple ways without his permission, he just wanted it all gone initially, but I agree it wouldn't make sense to dispute it if it's helping. He's going to leave the medical debt on there for now too since it should only have a minor effect and will fall off next year. Appreciate everyone's help!
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Jul 24, 2015 19:49
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Yesterday I received a letter on behalf of Comcast trying to collect on an account I closed last year. When I asked them what the gently caress was going on, they said they could only tell me how much was due and couldn't access any statements because the account was closed over a year ago. This reeks of bullshit to me, and a quick google search shows that they charge people unwarranted charges for "unreturned equipment" that had already been returned and the like. I never received a single phone call or letter stating I owed them money. Considering I already spoke to Comcast about the matter, is it still okay to send the dunning letter to the collections agency? I really don't want to wreck my credit over some made up fees.
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Jul 30, 2015 20:03
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OssiansFolly posted:Do you have the letters and delivery receipts to show you sent them those letters? Do you have the letter sent to the credit reporting agencies and the delivery receipts notifying them that they didn't provide the evidence the debt is yours? It looks like the original collector either sold the debt or retained a lawyer. I'm thinking the latter as I received a new dunning letter from an attorney's office with a few different branches including one locally. At this point should I send a new request for verification then start trying to settle?
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Jul 30, 2015 22:09
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Tea.EarlGrey.Hot. posted:Yesterday I received a letter on behalf of Comcast trying to collect on an account I closed last year. When I asked them what the gently caress was going on, they said they could only tell me how much was due and couldn't access any statements because the account was closed over a year ago. This reeks of bullshit to me, and a quick google search shows that they charge people unwarranted charges for "unreturned equipment" that had already been returned and the like. I never received a single phone call or letter stating I owed them money. Yeah send a debt validation to the collections company and dispute anything on your credit report with the credit agencies. You want to cover all your bases. Then call up Comcast and chew them the gently caress out. And consider sending a complaint about Comcast to your state's attorney general's office. I don't know if I posted here about all the problems I had canceling service with them, but they really go out of their way to say "gently caress you" if you do cancel.
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Jul 31, 2015 01:26
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I just got a response to my validation letter I sent a couple weeks ago. I was in the hospital for surgery last November, I thought I paid off all of the bills, and just last month I got a letter from a collections agency on behalf of the hospital saying I owe them $1,400. I looked through the invoice list they attached, and it looked legitimate. But I never got any bill before the debt collector letter. Is there any way I can make them prove the hospital sent me a bill before involving the debt collectors? My guess is someone screwed up and they sent the bills to my father's address. He is the primary on the health insurance, but we barely talk more than twice a year, so he could have thrown them out as junk mail or something. Am I right in thinking I should call the hospital as well? They got enough right of what would be protected information about the procedure, so I'm doubting it's a scam.
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Aug 7, 2015 20:15
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22 Eargesplitten posted:I just got a response to my validation letter I sent a couple weeks ago. I was in the hospital for surgery last November, I thought I paid off all of the bills, and just last month I got a letter from a collections agency on behalf of the hospital saying I owe them $1,400. I looked through the invoice list they attached, and it looked legitimate. But I never got any bill before the debt collector letter. Is there any way I can make them prove the hospital sent me a bill before involving the debt collectors? My guess is someone screwed up and they sent the bills to my father's address. He is the primary on the health insurance, but we barely talk more than twice a year, so he could have thrown them out as junk mail or something. It's probably the hospital itself collecting and just using the services of the collector, not having sold it to them. In that case it might be possible to nail them for violating HIPAA but they probably haven't. Realistically, your best bet is to try speaking to the hospital directly; they may put you a payment plan and stop collection activity (or at least not sue you). "Hey these were sent to my dad who isn't really the guarantor, let's work this out". Probably very little you can force (short of a HIPAA violation), so your best bet is just to be nicer than every other person they talk to all day. If you are actually willing to pay the bill, that's going to get you a long way.
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Aug 7, 2015 23:12
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Okay. Yeah, I've got no problem paying it, I just really wish I would have gotten word of this when I was expecting bills, rather than 8 months later. And I am definitely going to need to get a payment plan going. The best cushion I can currently keep going is a spare month's rent and however much I have available on the credit card I avoid using when possible. I know I should be aiming for 6 months, but as a student and sole breadwinner I've been focusing on paying down my credit card every chance I get. E:I guess not sole breadwinner anymore, just 85% of bread winner. 22 Eargesplitten fucked around with this message at 23:38 on Aug 7, 2015 |
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Aug 7, 2015 23:32
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HEY GUYS it's another "I read the OP but what about MY SPECIAL situation?" post. Seriously though, one of the guys I work with is, to put it nicely, very dumb. I'm not sure how much is natural and how much is from too many past drug trips, but yeah. Thing is, he's not in a good spot in life and I would like to try to help him out. I found out recently that about two years ago, he left my current apartment complex at the end of a lease. I don't know the specifics but they apparently hit him with fees after moveout. Long story short, he got a court judgment against him for the damages which are apparently now in the possession of a collections agency. He showed me a picture that showed Public Records, case # 12345, judgment ~$800; the DC is demanding ~$1200. Because of this judgment he can't get another apartment. I expect his best option would be to pick up the phone (they're constantly calling him), explain he isn't in a good financial situation, and offer to pay half for delete or set up a payment plan for half or something. I suggested a DV letter but he's dumb and doesn't want to deal with them in writing, although with a court judgment behind it IDK how much a DV would help except to maybe get any agreement on settlement in writing. Anyway, those of you who answer questions in here are doing a good thing and it's great that you continue to do so despite people like me asking "But MY situation. That said, I'm just trying to help a guy out who could sorely use it and anyone enabling me to help him would be greatly appreciated. .
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Aug 8, 2015 04:30
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I think that once it goes to court it's too late for DV or PFD. He might be able to get them to vacate the judgment if he was not aware of the court case until the judgment had been awarded, but if he can't be bothered to send a letter his best option is probably to just pay them off. It's just a matter of time and effort for them to garnish his wages. Or he could live with someone who doesn't care about credit. Like family, or little old ladies who aren't up to snuff on how to pick renters, etc. Setting up a payment plan and getting everything in writing are both good ideas.
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Aug 8, 2015 11:17
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Well, the collection company just called me after I sent in the letter asking them not to do so, and after they replied to it. I didn't respond, but they used a non-masked number. Do I need to get a record of the call from my phone company, or is there some way I can export it from my phone myself? I'm kind of hoping that if I don't reply within a couple days, they'll call me again. $2000 would cover my debt with $500 to spare.
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Aug 10, 2015 18:14
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22 Eargesplitten posted:Well, the collection company just called me after I sent in the letter asking them not to do so, and after they replied to it. I didn't respond, but they used a non-masked number. Do I need to get a record of the call from my phone company, or is there some way I can export it from my phone myself? Congrats! Get the call records from your phone provider, you should be able to login online and print them out. a printed PDF is fine. Send your attorney the call records, a copy of the letter and receipt (assuming you mailed it certified, but it's not required), and a copy of the company acknowledging receipt of the C&D. Sounds like an open and shut case. In other news I just deposited settlement check #2 this morning, a thousand bucks even. Feels good man.
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Aug 10, 2015 18:21
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They didn't specifically address my request that they no longer contact me by phone, but they did reply with the validation I requested in that same letter. That should be good enough, right? Do I need an attorney? I thought people largely handled this by themselves.
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Aug 10, 2015 18:25
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22 Eargesplitten posted:They didn't specifically address my request that they no longer contact me by phone, but they did reply with the validation I requested in that same letter. That should be good enough, right? Replying with validation is not really the same as acknowledging a C&D. This is why it's a good idea to send certified letters As long as your initial C&D was dated prior to future calls you should be ok, but it's not as strong of a case. Let your attorney figure out if you have a case or not. 22 Eargesplitten posted:Do I need an attorney? I thought people largely handled this by themselves. The statute penalty is on top of attorneys fees. There is absolutely no reason to NOT use an attorney for this. PM me if you want the info for the guys I use.
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Aug 10, 2015 18:32
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