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Some rear end in a top hat left his truck on my lawn and I want to take ownership. Can you help with that?
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Jun 30, 2016 18:38
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DreadLlama posted:Some rear end in a top hat left his truck on my lawn and I want to take ownership. Can you help with that? You can probably get it impounded, but I don't think you can just say "this is mine now" unless you meet a whole bunch of abandonment criteria, meanwhile it's out rusting on your lawn.
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Jun 30, 2016 18:46
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Where could I learn more about these abandonment criteria?
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Jun 30, 2016 20:16
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DreadLlama posted:Where could I learn more about these abandonment criteria? Google "Abandonment Law In <your location>", it depends on where you are. It's more complex than I originally thought, it doesn't necessarily have to sit and rust but you do need to follow the laws and junk
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Jun 30, 2016 20:33
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DreadLlama posted:Some rear end in a top hat left his truck on my lawn and I want to take ownership. Can you help with that? You were doing some work on it for him *ahem* right? Put a mechanic's lein on it. After a certain period you can then transfer title to your name.
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Jun 30, 2016 22:07
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I think I've got enough to find what I need. Thank you.
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Jul 1, 2016 02:52
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So I was just offered a settlement instead of continuing the court case. Had a telephone conference with the attorney and judge this morning. This whole thing has been so loving stressful and long, makes me wonder how people handle some really bad poo poo. Just to recap: 7 years ago I took out a CC at BB for a television. Didn't make any payments on it so it went to collections. Last year I was finally handed a summons for a judgment. Cue me researching how to defend myself because I really didn't want to hire an attorney for $1k lawsuit. Cue all the discoveries, claims, blah blah blah. Finally last month I had a scheduled telephone conference notice for today. Judge talks about how the case is to proceed unless we can come to a settlement agreement instead, and he hung up haha. So I decided to just settle for a little less than the full amount, really my conscious got the best of me and felt it was the right thing to do in this case. So just like that it's all over. Years of bullshit dealing with several collection companies and it's over with just one settlement and the case is dropped. Feels pretty good.
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Jul 20, 2016 16:15
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Keep in mind that you should expect to pay income tax on the "forgiven" amount. It'll probably also show on your credit report as settled for less than full amount. But you don't have a judgement against you, so that is good news. 7 years? Does your state have the worst SOL or did you renew it somehow?
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Jul 20, 2016 18:18
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NancyPants posted:Keep in mind that you should expect to pay income tax on the "forgiven" amount. It'll probably also show on your credit report as settled for less than full amount. But you don't have a judgement against you, so that is good news. I believe my state is 6 years but the judgment was handed to me like 8 months before it would have hit. Was pretty bummed to find that out haha. The forgiven amount shouldn't be any more than a couple hundo so not too worried there. I maybe should have asked if they could do a PFD as part of the settlement agreement?
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Jul 20, 2016 20:17
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You could try but you'd have almost no leverage to negotiate for it. I doubt you'd get any even by paying the full amount, so I don't think you missed out on much. In other news, I got a dunning letter for a time barred debt from lvnv that almost perfectly matches letters they were sued for in 2014, which an appeals court said in their opinion were totally illegal (specifically cited language that's in my letter too). The sticky bit is that both of those suits were dismissed for jurisdiction since they tried to bring class actions and lvnv offered settlements that made the plaintiffs ineligible as class reps. I started with a validation letter and a no contact, so I'll go from there. I suppose I'll just engage a pro if they think I has a good chance of winning on a violation; on the last one the lawyer told me to settle and that I had everything else in the bag.
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Jul 20, 2016 20:39
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Got a letter in the mail from a collection agency seeking over-payment recovery on a medical bill from 2.5 years ago. Apparently what happened was that my employer at the time had switched insurance providers 15 days prior to the medical procedure due to a change in my employment group within the company. I just confirmed with my former employer the dates of coverage for the old insurance (insurance A) and the new insurance (insurance B) and I was covered by insurance B at the time of the procedure. However I apparently failed to notify the medical provider of the coverage change (I was under the impression, until speaking with my former employer just now, that the change in coverage occurred several months after the procedure) so the hospital submitted their claim to insurance A, insurance A paid their portion of the claim and I paid the remainder i.e. what wasn't covered by insurance A. 2.5 years later, insurance A apparently realized that I was no longer covered by them at the time of the procedure and now they want their money back. I spoke with the hospital and they understand what happened and would be happy to refund insurance A and submit a claim to insurance B. Spoke with insurance B and they said unfortunately there is an 18 month window on claims so they will probably deny the claim. The total balance is ~$2k, so I'm willing to put effort into not paying this bill. Or at least only paying the difference between what insurance A and B would cover. I guess the mistake was on my end since I didn't inform the hospital of the new insurance, however I was unaware of the change at the time. If insurance A would have contacted me within the 18 month window this would be no problem but I'm wondering if I have any ground to fight their collections assuming insurance B rejects the claim. I'll send a debt verification letter to insurance A's collection agency because why not. Anything else I can realistically do at this time except wait for the hospital to submit a claim to insurance B and hope for the best?
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Jul 22, 2016 20:06
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I mean honestly if Insurance A can't keep their poo poo together to inform you in a timely manner gently caress them, why is this your problem? I kind of fail to see how any of this is your fault, as it's all drama above you and if the situation was reversed they'd absolutely put the thumbscrews in your skull, so don't feel like you did anything wrong because you didn't. As a courtesy, and since they're dumping this in your lap and making it your problem, of course see if you can get this straightened out but my advice would be careful to avoid saying, writing, or doing anything that supports that this is your liability, and don't take no for an answer from Insurance B. Certainly don't give anyone any money. Insurance A needs to eat it because of their poor bookkeeping, or Insurance B needs to cover the thing that they get money from you regularly to cover. This should be your attitude, and while I cannot say anything to the specifics or the rules/laws, don't approach this feeling culpable or liable at all as it will be picked up on and used to screw you over.
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Jul 26, 2016 23:29
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That's how I see it too. I sent a DV letter via certified mail so hopefully they'll just drop it. I don't intend to pay anything unless Insurance B agrees to the claim and there's some amount left over I'd have to pay (since B is almost assuredly not as good of insurance as A was). It doesn't help that I've since moved to an new employer and now have health coverage through a third company. So if I were B, I'd say, "this guy isn't even covered by us anymore and it happened >2 years ago? gently caress em."
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Jul 27, 2016 20:29
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I sent a zombie debt dispute by certified mail that they received July 19. I received a dunning letter for the same debt, different company dated July 21. Anyone been successful suing for this?
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Jul 27, 2016 21:01
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NancyPants posted:I sent a zombie debt dispute by certified mail that they received July 19. I received a dunning letter for the same debt, different company dated July 21. Anyone been successful suing for this? It's not illegal to buy and sell debt (it probably should be) Follow the normal procedure. It's not uncommon for companies to get your letter and throw your file into the "sell" bin for the next time these scumbags meet up for drinks. Consider having to mail off __ number of validation/C&D letters to be the "cost of doing business" of being a US citizen.
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Jul 27, 2016 21:46
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revmoo posted:It's not illegal to buy and sell debt (it probably should be) I was under the impression they were supposed to note that the debt was disputed if they transferred it. Is that not the case?
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Jul 27, 2016 22:34
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Wow, that's really, really sleazy. Can you basically have an "infinite debt" where it just keeps being bought/sold between companies, even if it's contested or caused by identity theft, etc.?
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Jul 31, 2016 02:00
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I'm calling an attorney tomorrow. They both state LVNV is the current owner, not that they're the OC. I'd love to send them a shakedown letter because it feels like poetic justice, but they won't take it seriously unless I just sue them.
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Jul 31, 2016 15:55
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Three-Phase posted:Wow, that's really, really sleazy. Can you basically have an "infinite debt" where it just keeps being bought/sold between companies, even if it's contested or caused by identity theft, etc.? Yeah pretty much. It is a race against time for the collectors, as time goes on the files are inherently worth less. Debts always go from larger, more reputable firms and then trickle down to the bottom feeders. A lot of these deals are excel spreadsheets being literally handed around on thumb drives in parking lot transactions. The system is hosed.
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Jul 31, 2016 20:19
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revmoo posted:Yeah pretty much. It is a race against time for the collectors, as time goes on the files are inherently worth less. Debts always go from larger, more reputable firms and then trickle down to the bottom feeders. I don't doubt this at all. Didn't John Oliver or someone do a segment where they purchased a huge bundle of debt and forgave it all on TV? I've realized I come off as very argumentative in this thread. I'm frustrated about dealing with these people but I have appreciated your help and patience in the past, and I haven't said thank you as often as you've replied to my questions and complaining. Not to you specifically, although if you have input I welcome it: I feel like there has to be some way to stop this beyond sending a certified cease and desist letter to the same company every month in perpetuity. Whether these various "agencies" are truly buying and selling this debt to each other is irrelevant to me at this point; they all want to claim they're working for LVNV so it should be LVNV's problem. The only thing these people understand is money. It doesn't seem to matter that the law is already heavily stacked in their favor, they can't even follow that. It's the opinion of several courts, the FTC, and the CFPB that zombie debt collection, on its face, is not legal. I'm sure it was no coincidence that the law does not specifically disallow zombie collection, but even those courts that were so hostile to consumers to allow it admitted that zombie collectors still need to follow collection law. Unfortunately the same people who decided it's cool to try to collect something a decade old for which no documentation apparently exists also figured that collectors would just do as they're supposed to. Why, if they don't, here's the law. Individual Wronged Consumer, you are hereby empowered to hit them in the pocket book. Well, no, we're not going to meaningfully fund any regulatory or enforcement bodies. It's not as if there's any precedent for the government itself to enforce federal law, so we'll leave it up to you to enforce it on your own. But not collectively; it doesn't matter if they're doing to you what they've done to several thousand others. If you all get together, if they offer to settle with your class representative, that person doesn't have a case anymore. So, beleaguered consumers, figure it out yourselves. Individually. Despite all of you having the same problem with the same people. This is insanity. It seems like if no one else wants to/can do anything about it, I should just squeeze them for every penny I can. LVNV was the defendant in the other cases where they settled, not the little gnat collectors. I'm sure individual suits wouldn't hurt their bottom line, but I suspect if they realize I'm fighting back, they'll use their energy elsewhere. I will talk to a lawyer about it, and I will follow their advice, but that's my reasoning so far.
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Jul 31, 2016 22:50
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revmoo posted:Yeah pretty much. It is a race against time for the collectors, as time goes on the files are inherently worth less. Debts always go from larger, more reputable firms and then trickle down to the bottom feeders. I don't doubt this at all. Didn't John Oliver or someone do a segment where they purchased a huge bundle of debt and forgave it all on TV? I've realized I come off as very argumentative in this thread. I'm frustrated about dealing with these people but I have appreciated your help and patience in the past, and I haven't said thank you as often as you've replied to my questions and complaining. Not to you specifically, although if you have input I welcome it: I feel like there has to be some way to stop this beyond sending a certified cease and desist letter to the same company every month in perpetuity. Whether these various "agencies" are truly buying and selling this debt to each other is irrelevant to me at this point; they all want to claim they're working for LVNV so it should be LVNV's problem. The only thing these people understand is money. It doesn't seem to matter that the law is already heavily stacked in their favor, they can't even follow that. It's the opinion of several courts, the FTC, and the CFPB that zombie debt collection, on its face, is not legal. I'm sure it was no coincidence that the law does not specifically disallow zombie collection, but even those courts that were so hostile to consumers to allow it admitted that zombie collectors still need to follow collection law. Unfortunately the same people who decided it's cool to try to collect something a decade old for which no documentation apparently exists also figured that collectors would just do as they're supposed to. Why, if they don't, here's the law. Individual Wronged Consumer, you are hereby empowered to hit them in the pocket book. Well, no, we're not going to meaningfully fund any regulatory or enforcement bodies. It's not as if there's any precedent for the government itself to enforce federal law, so we'll leave it up to you to enforce it on your own. But not collectively; it doesn't matter if they're doing to you what they've done to several thousand others. If you all get together, if they offer to settle with your class representative, that person doesn't have a case anymore. So, beleaguered consumers, figure it out yourselves. Individually. Despite all of you having the same problem with the same people. This is insanity. It seems like if no one else wants to/can do anything about it, I should just squeeze them for every penny I can. LVNV was the defendant in the other cases where they settled, not the little gnat collectors. I'm sure individual suits wouldn't hurt their bottom line, but I suspect if they realize I'm fighting back, they'll use their energy elsewhere. I will talk to a lawyer about it, and I will follow their advice, but that's my reasoning so far.
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Jul 31, 2016 22:52
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One possible ray of light here: http://www.jdsupra.com/legalnews/cfpb-outlines-long-awaited-debt-44255/ http://www.slate.com/blogs/moneybox/2016/07/28/cfpb_proposes_new_rules_to_curb_abuses_by_debt_collectors.html I think what John Oliver did is going to get people talking and taking action. Three-Phase fucked around with this message at 00:20 on Aug 1, 2016 |
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Aug 1, 2016 00:18
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I have a stupid question: about a year and a half ago a debt collector contacted me about $200 I had outstanding from my old phone company. I confirmed that they were legit and paid, not knowing that this would hurt my credit score. Is it too late for me to contact the collector to see if I can get them to drop the collection from my credit report? I would have tried to make a deal with them, but I'm a big square who's never dealt with debts or anything before other than paying them off each month. Is it too late now, and if so how long is my credit going to be garbage? It really hit me, I have just discovered (I never check my credit).
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Aug 12, 2016 01:56
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Welp, I sent a cease and desist straight to LVNV. The hilarious part: I sent the original copy without making a copy of the letter they sent me. Tried doing package intercept the very same day, failed. Somewhat complicating, but not the end of the world. The not hilarious part: USPS sent me a blank green card despite having paid for return receipt. No date, no signature, no printed name, no confirmation of address. I even asked the post office employee to check that I'd filled it out right and said, "I may have to sue these people, so I need to make sure I've done all this right and that proof of delivery will come back to me." I guess I'm just waiting for another letter.
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Aug 12, 2016 03:40
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NancyPants posted:I don't doubt this at all. Didn't John Oliver or someone do a segment where they purchased a huge bundle of debt and forgave it all on TV?
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Aug 12, 2016 10:37
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I may still do that. The last few weeks got very busy and my time to find a lawyer disappeared, but I wanted to be sure I at least got the dispute/cease and desist into the mail well before the 30 day deadline. My life is really just a badly paced slapstick comedy, that's all. E: VVV I completely forgot about state law, I was looking at federal. I'll look into that once life settles back down. Thanks for the tip. BonerGhost fucked around with this message at 00:02 on Aug 13, 2016 |
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Aug 12, 2016 16:06
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This is not legal advice, retain a lawyer and check with her first, do not rely on any statement I make ever for any reason, etc. If they are trying to collect a debt that is obviously barred by the statute of limitations, that is actually a tort in many states (generally referred to as malicious prosecution or abuse of process). Getting them off your case may be as easy as finding some authority for this and writing them a letter basically daring them to sue you.
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Aug 12, 2016 21:31
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Tea.EarlGrey.Hot. posted:So I just got a call from Transworld which is apparently scum of the earth if this link is accurate: I just got a letter back from these guys today in response to my DV letter. They're asking for more information to validate the case. The original voicemails only gave a reference number, which I supplied. They're asking me to give them my social, or a bunch of information I don't know (original creditor's contact info.. I don't know WHO the original creditor is, if there even is one). What am I supposed to do in this scenario? They might have replied later than 30 days.. I'll have to double check when I get home. Tea.EarlGrey.Hot. fucked around with this message at 22:38 on Aug 12, 2016 |
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Aug 12, 2016 22:35
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Tea.EarlGrey.Hot. posted:I just got a letter back from these guys today in response to my DV letter. They're asking for more information to validate the case. The original voicemails only gave a reference number, which I supplied. They're asking me to give them my social, or a bunch of information I don't know (original creditor's contact info.. I don't know WHO the original creditor is, if there even is one). I'm pretty sure you don't have to give them any more information than you already did. It's up to them to prove you owe the debt, and they didn't.
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Aug 15, 2016 15:35
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vortmax posted:I'm pretty sure you don't have to give them any more information than you already did. It's up to them to prove you owe the debt, and they didn't. Yeah definitely do not give out any information to these clowns. They're asking for contact info for the original creditor? Hilarious. C&D them and ignore all future letters.
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Aug 15, 2016 15:42
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Thanks so much! There was no way in hell I would give them my social so I had no clue what to do. Glad to know I don't have deal with these guys. You all are lifesavers, seriously. Thank you. 
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Aug 15, 2016 19:45
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I'm dealing with UseNeXT, a Usenet provider who have a wonderful history: https://www.google.co.uk/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#safe=off&q=usenext+scam Earlier this year, I signed up for their free trial. The service wasn't particularly good, so I cancelled my billing agreement through PayPal, and then received an email to say my account was blocked. That was it... I thought. Now, a debt collection agency in Germany (Tesch Inkasso) has sent me a letter to say I owe UseNeXT €165, plus administration charges. UseNeXT are claiming that I owe them money because I cancelled my billing agreement but didn't cancel directly through the site. However, I've asked to see a proper contract saying I owe them this money. They've said by entering my details on the site and agreeing to this: (https://www.usenext.com/terms/), that I have a contractual obligation to pay up. The terms and conditions are very vague... I don't really think I owe them anything, though. How likely is it they can do me any harm? I'm UK based, and I'd really like to not give them a single penny because their business practices seem predatory.
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Sep 12, 2016 14:04
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Before finding this thread I agreed to a repayment schedule (stupidly) with a debt collector who was doing it on behalf of American Express. I pretty much wrote being able to fight it after setting it up, but received a letter last month saying a new debt collector recently took over my account and the remaining payments. Can I send them the letter mentioned in the op? I've paid enough I feel and the rest would be interest that was collected during the original period so if there is an opportunity to reduce this or get it set up a different way?
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Sep 12, 2016 15:34
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There's an assigned debt from my school that a collections agency is trying to collect. The guy said that once it's been paid off and has been at a zero balance for three months or so, it disappears from my credit report like it was never there. I'm looking for where to contact Experian, Transunion, and Equifax to verify, but can anyone immediately tell me if that's bullshit? It's assigned, not bought.
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Sep 14, 2016 15:42
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22 Eargesplitten posted:There's an assigned debt from my school that a collections agency is trying to collect. The guy said that once it's been paid off and has been at a zero balance for three months or so, it disappears from my credit report like it was never there. I'm looking for where to contact Experian, Transunion, and Equifax to verify, but can anyone immediately tell me if that's bullshit? It's assigned, not bought. Complete and utter bullshit unless they're willing to provide a written guarantee of a pay for delete.
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Sep 14, 2016 15:44
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Well, that's frustrating but not surprising. It looks like maybe VantageScore does it, but I would have to look into it more. I'll get it in writing. He keeps saying how it's a recorded line, but it's not hard to say "oh no, the hard drive it was stored on died." If they promise it in writing and don't come through, what recourse do I have? I assume the FCRA doesn't address it. Would it just be breach of contract?
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Sep 14, 2016 16:16
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22 Eargesplitten posted:If they promise it in writing and don't come through, what recourse do I have? I assume the FCRA doesn't address it. Would it just be breach of contract? I'm not totally sure on that. FCRA/FDCPA do not address pay-for-deletes at all. I know that the CRA's absolutely hate them and will poo poo all over a company if it comes out that they've agreed to do one (I think it violates their T&Cs). That said, I'm pretty sure if you disputed a debt and submitted the agreement in writing to the CRA they'd side with you. After all, it's the collector that violated their agreement with the CRA but your agreement with the collector is still going to be valid.
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Sep 14, 2016 16:24
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My girlfriend recently received a letter from a collection agency for a credit card debt around ~$670 (long story short, her credit card was used without her knowledge by a family member). I recently sent in a letter on her behalf challenging the agency on the legitimacy of the debt and their ownership of it. In the letter I also mentioned that were she to settle for paying it (the letter they sent naturally included the typical, "Pay a one-time price of $520 and it will be considered settled-in-full"), it would be to delete the debt outright but enough research has shown there's no stopping these people from just turning around and selling the debt yet again even after she were to pay their demands. I'm asking how I should proceed next. We sent the letter just narrowly within a 30 day window, but I made sure it was sent via certified mail to make sure we can prove it was sent within that time frame. Basically I'm trying to plan the next steps on how to proceed should they respond (and I'm getting the feeling they likely will). It was the first letter she's received on the subject, but I refuse to immediately bend to these scumbags regardless of how much their ducks are in a row. Especially when the mailing essentially came from three different states all claiming the same agency: the letter was sent on behalf of the Arizona branch, but mailed via Mississippi, yet their "corporate settlement" office is located in Virginia. Research on the agency yields the typical harassment: non-stop calling for long periods of time. I want to be prepared on having a proper defense against this. Paying the debt isn't the issue, it's trying to make sure this doesn't happen again and again.
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Sep 16, 2016 05:33
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Did she file a police report on this? (The card being stolen and used fraudulently)
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Sep 18, 2016 01:50
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Sorry for the lag. No she didn't, unfortunately. The credit card was the result of an internal family issue. She didn't want to press charges against the family member because it would complicate matters significantly worse than they already are. Let's just say, she was put in a lovely situation and is now having to deal with this despite it not being her fault (though of course to debtors they couldn't give less a flying poo poo who owes what).
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Sep 19, 2016 15:59
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