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TWiNKiE
Nov 18, 2002

Daah, I heard that!

Subderisorious posted:

I'm a full-time student so I work very few hours a week at $8.50/hour. This week I worked 5.5 hours, last week I worked 2.

But, ya, that's what I assumed. Are there any tricks to finding a lawyer? I wouldn't even know how to begin to find someone who specializes in this. And maybe does a payment plan....
Call around in bad neighborhoods.

In Detroit proper, there are bankruptcy lawyers who basically work on layaway, for example. (Pay them what you can when you can, and once they have enough money, they start working for you.)

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Kilo147
Apr 14, 2007

You remind me of the boss
What boss?
The boss with the power
What power?
The power of voodoo
Who-doo?
You do.
Do what?
Remind me of the Boss.

So, funny story. A debt collector called me two days ago for a $5 payment. I coulda sworn I paid that off, apparently not. They were pretty chill, the person I was talking to was very nice and polite, and we scheduled a payment as soon as I get paid on the 5th. That isn't the funny part. I'm going into their offices to pay. And to turn in my resume. They're hiring.

Michaelos
Oct 11, 2004

Upgraded to platinum to donate money to Lowtax.

7thBatallion posted:

So, funny story. A debt collector called me two days ago for a $5 payment. I coulda sworn I paid that off, apparently not. They were pretty chill, the person I was talking to was very nice and polite, and we scheduled a payment as soon as I get paid on the 5th. That isn't the funny part. I'm going into their offices to pay. And to turn in my resume. They're hiring.

How did that come up during the phone call?

Kilo147
Apr 14, 2007

You remind me of the boss
What boss?
The boss with the power
What power?
The power of voodoo
Who-doo?
You do.
Do what?
Remind me of the Boss.

Michaelos posted:

How did that come up during the phone call?

I jut asked if they were hiring, they said yes and gave me their address. Go figure.

Offrampmotel
Mar 18, 2006
Guitar God

7thBatallion posted:

I jut asked if they were hiring, they said yes and gave me their address. Go figure.

I assume you'll be calling me up at some point, so it's nice to make your acquaintance.

FlapYoJacks
Feb 12, 2009
So I just got a call from a sprint collector, Diversified Adjustment Services, and they started ringing alarm bells pretty quickly.

First of All, the dude called my phone, and my Fiancé picked up, and she told them that she wasn't me, (3rd party, not on the account.) and they proceeded to tell her who they where and what the debt was for. Violation #1 from what I understand.

She handed me the phone, and the guy told me I owed 650$, when in fact the ETF was 200$, he was very belligerent, threatened to garnish my wages, and to throw this on the credit report.

When I asked him what his address was so I could send a cheque, he got really, REALLY uptight and proceeded to berate me and tell me since I was hiding all this time (I wasn't, I had switched phone numbers when I left sprint.) that he wasn't going to give me an address and hung up on me.

I called back and the other representative was nicer, I said that I allegedly owed sprint some money, and finally got a address out of him after some arguing, they also had my address from two addresses ago, which tells me they probably just have a excel sheet on me.

The next step is to send out a DV letter to them correct? I recorded everything right away, and have witness to this crap. Also, I don't think they can randomly just throw on a extra 450$ can they?

Kilo147
Apr 14, 2007

You remind me of the boss
What boss?
The boss with the power
What power?
The power of voodoo
Who-doo?
You do.
Do what?
Remind me of the Boss.

Offrampmotel posted:

I assume you'll be calling me up at some point, so it's nice to make your acquaintance.

Assuming I get the job, it will be a pleasure to kindly ask for money.

Pit of Despair
Feb 1, 2008

One mother held her baby's face to the floor and chewed off his feet and fingers.
I have a question. I'll try to keep this brief:

A few years back I made the mistake of going to ITT. I had just gotten out of a bad situation and blah blah blah...anyway, the middle of my second term I had to leave the state, and since ITT had no campus within driving distance of where I was going to be, I just dropped out.

Cue the student loan people. After a pretty heavy fight, I ended up being able to settle the debt. I paid about 50% of it and they said they would settle the rest.

That was two years ago. Today I got a letter from some different people asking for a smaller amount of money for the same thing, my student loan. This seems out of the blue to me, but if I'm gonna be honest, I hardly ever answer my phone if I don't know the number and I never listen to my voicemail because I'm crazy irresponsible. So they might've been trying to contact me and I just never got the message. Anyway, the letter said that they would be garnishing my wages if I didn't pay them something by the 27th of this month. I checked the paperwork of my settlement from the bill, and while it's a different agency doing the collecting, it has the same customer number referencing me. They're also asking for roughly a hundred dollars less than the previous amount.

I have two ideas what happened here. I thought that maybe I had settled for only one term and now they're going after me for the OTHER term, but that doesn't make sense because I only went through maybe one semester of the second term and that would be a helluva lot more difference than a hundred bucks. The other idea was that they accidentally had me on two different accounts, one for each term, but they have the same customer reference number, so I guess that doesn't make sense, either.

I'm sorry if this is rambling and incoherent, but I'm exhausted from working overtime and pissed off to see this waiting for me. Any idea what's going on here? What're my options? I plan on calling tomorrow and just telling them that I already paid this debt, but if that somehow doesn't get them off my back, then what can I do? Should I still send a DV even if they're planning on garnishing my wages on the 27th?

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.
They can't garnish your wages without a court order. Check your credit report and dispute anything regarding this debt that shows up on there. Do not call them, instead, send a copy of your settlement agreement with a statement saying that the debt was settled in full, and send it certified mail with a return receipt. Dealing with debt collectors over the phone is always a bad idea, it's much better to get everything in writing.

Pit of Despair
Feb 1, 2008

One mother held her baby's face to the floor and chewed off his feet and fingers.

Konstantin posted:

They can't garnish your wages without a court order. Check your credit report and dispute anything regarding this debt that shows up on there. Do not call them, instead, send a copy of your settlement agreement with a statement saying that the debt was settled in full, and send it certified mail with a return receipt. Dealing with debt collectors over the phone is always a bad idea, it's much better to get everything in writing.

Yeah, I thought that sounded a little off. Thanks, I'll go ahead and do that instead.

FlapYoJacks
Feb 12, 2009
kind of a weird situation, they called again today, and when I asked them for a billing address so I could send a cheque, the guy on the other end got really aggressive and told me that he wasn't going to do that and hung up on me.

Is refusing to let someone pay a violation of the FDCPA? I have no idea, I wasn't actually going to pay, but I wanted the address to send the DV letter. I got it off the net afterwards.

Reene
Aug 26, 2005

:justpost:

Welp, went ahead and sent the DV letter today via certified mail.

Anyone have any experience with Afni? Curious if they'll end up just dropping this or if they'll be dicks about it.

I'm also still not sure how poo poo like lawsuits work when the debt they allege I held is from a state I don't live in.

UrbanFarmer
Jun 13, 2010

by Ozma
I sent a PFD letter that included the following text:

quote:

Upon receipt of your signed agreement to these terms, a cashier's check for the amount of $200.00 will be delivered to your firm via Certified Mail. These settlement terms are not flexible. Please do not contact me with questions about these terms; do not send any further verbal, electronic, or written correspondence to me beyond a letter either accepting or rejecting these terms. If you refuse these terms, or if I do not receive your postmarked response within 15 days, please send a full verification that this alleged debt is true and accurate, a full breakdown of services rendered and costs, and that you are the true owner of the alleged debt. You may consider this letter a request for verification of this alleged debt as per FCRA Section 611(a)(7).
Today they called me and referenced that letter. I have it recorded. Did they violate any acts I can sue their asses for by calling me?

How should I proceed?

FlapYoJacks
Feb 12, 2009

UrbanFarmer posted:

I sent a PFD letter that included the following text:

Today they called me and referenced that letter. I have it recorded. Did they violate any acts I can sue their asses for by calling me?

How should I proceed?

You told them not to contact you and they did. So yes, you can. But one phone call isn't enough, if they are that stupid to call you again, start recording everything and get it up to 10 - 15 violations, generally if you ask the right questions while on the phone with them they will violate at least one law per call, if not more.

b1gs341
May 10, 2008
Hey collections experts.

As someone who thought they basically had perfect credit (I have some small college loans that are not due yet and in good standing but otherwise nothing) I may have a small problem. A few years ago I made the major mistake of rushing a fraternity on my campus. I got through all the BS and was initiated only to realize it was a total waste of time after my 1 active semester (2 semesters total) and let our financial chair know that I was going to be going inactive near the end of my 2nd semester.

During that time I paid all my dues fully and on time (along with even more money for other fraternity crap but that's not important). I never signed any kind of Promissory Note (which they tried to bully people into doing) and was fully out (didn't attend any fraternity functions and let our finance person know) well before the summer not to mention the start of what would have been the third semester.

I did get a notice during my third semester in my email like twice for money on GreekBill (a way to pay fraternity bills online) but the fraternity was notoriously horrible with money issues (I could tell a ton of stories including people just not paying with no consequences, living at the house for free, and our executive board literally stealing fraternity money for bar tabs and other personal stuff not to mention all the mix ups and mistakes with billing) so I figured it was just a usual mix up and when I stopped getting emails I assumed they had fixed it (yes this was incredibly stupid).

Fast forward a few years later and when I went to check my credit report on Experian today there was a single "Potentially Negative Item" for $660 from Parson Bishop Collection. The original creditor is listed as "my fraternity/my university". At no point have I received any kind of communication from this collections agency who apparently reported this in Jan of this year.

This brings me to my main question which is how the gently caress can I get this off my credit report with no consequences to my credit score? I'm even willing to pay the money if it means keeping my relatively good credit. I wanted to dispute it but I don't really have any documentation or anything so I'm not sure what I could do.

I'm going to try going to the current president for a letter or something saying I wasn't in the fraternity 3rd semester but he will probably too lazy/douchey to actually help me. I will also mention that apparently several other people may be having similar problems so any help I can get will go straight to them too.

TWiNKiE
Nov 18, 2002

Daah, I heard that!

UrbanFarmer posted:

I sent a PFD letter that included the following text:

Today they called me and referenced that letter. I have it recorded. Did they violate any acts I can sue their asses for by calling me?
If that's what you sent them, you don't have a very strong argument. You're invoking rights that aren't even remotely relevant to what you're asking for.

First, the FCRA is for CRA's, not CA's. And then the section you're referencing relates to CRA's reinvestigating something you've disputed...

You meant the FDCPA. And while the CA has reason to believe that you don't want them to call you, claiming rights by pointing to a completely different law would probably absolve them of liability.

Nevermind that your letter says "I want to pay you less than you want, but if you don't like that, then I have no idea what this debt is about."

quote:

How should I proceed?
By reading this thread and having a better understanding of what you're saying, apparently. I know that sounds douchey, but seriously, sending something half-cocked can potentially expose you to more risk than if you just ignored them.

TWiNKiE
Nov 18, 2002

Daah, I heard that!

b1gs341 posted:

This brings me to my main question which is how the gently caress can I get this off my credit report with no consequences to my credit score? I'm even willing to pay the money if it means keeping my relatively good credit. I wanted to dispute it but I don't really have any documentation or anything so I'm not sure what I could do.
Send them a letter that says you saw them on your credit report, and don't know who they are, what they want, or why.

b1gs341
May 10, 2008

TWiNKiE posted:

Send them a letter that says you saw them on your credit report, and don't know who they are, what they want, or why.

Should it be a formal DV or just something informal?

Since I never signed any kind of contract (ie promissory note) to pay for anything does that mean they won't be able to validate the debt or is just having some douche charge money to my greek bill years back enough?

UrbanFarmer
Jun 13, 2010

by Ozma

TWiNKiE posted:

If that's what you sent them, you don't have a very strong argument. You're invoking rights that aren't even remotely relevant to what you're asking for.

First, the FCRA is for CRA's, not CA's. And then the section you're referencing relates to CRA's reinvestigating something you've disputed...

You meant the FDCPA. And while the CA has reason to believe that you don't want them to call you, claiming rights by pointing to a completely different law would probably absolve them of liability.

Nevermind that your letter says "I want to pay you less than you want, but if you don't like that, then I have no idea what this debt is about."
By reading this thread and having a better understanding of what you're saying, apparently. I know that sounds douchey, but seriously, sending something half-cocked can potentially expose you to more risk than if you just ignored them.
We may want to have a mod edit out the PFD form letter the loving OP of this thread posted for people then.

gently caress.

Pardon me while I go break things around my house.

TWiNKiE
Nov 18, 2002

Daah, I heard that!

b1gs341 posted:

Should it be a formal DV or just something informal?
Send it as a DV, but make sure you start it by saying you found it on your credit report and don't know who they are or what they want.

quote:

Since I never signed any kind of contract (ie promissory note) to pay for anything does that mean they won't be able to validate the debt or is just having some douche charge money to my greek bill years back enough?
From what you've described, they probably won't be able to validate. There has to be something showing that you agreed to pay.

UrbanFarmer posted:

We may want to have a mod edit out the PFD form letter the loving OP of this thread posted for people then.

gently caress.

Pardon me while I go break things around my house.
I'm not saying that CubsWoo is completely wrong, but earlier in the thread, we disagreed on... well... a lot. I didn't think it was really worth turning this thread in to a debate between us, so I dropped out until it looked kind of abandoned.

Broadly speaking though, it's good to read up on the FCRA and FDCPA before sending letters off to anyone, so you understand what you're asking for, and why. That's one of the reasons I haven't posted a full blown "copy and paste this". The other reason, is because CA's know what a copy and paste letter looks like when they see one.

Maybe it's time for a new thread?

youknowthatoneguy
Mar 27, 2004
Mmm, boooofies!
Ok so what do you do when the CA flat out wont deal with you through mail? They say e-mail or phone, but "we are under no obligation to deal with you through mail" when I ask that is how I want everything done. I want everything in writing but they don't seem to be working with me. I was more than willing to pay too.

LorneReams
Jun 27, 2003
I'm bizarre

Boofchicken posted:

Ok so what do you do when the CA flat out wont deal with you through mail? They say e-mail or phone, but "we are under no obligation to deal with you through mail" when I ask that is how I want everything done. I want everything in writing but they don't seem to be working with me. I was more than willing to pay too.

805c allows you to tell them that you want all communication in writing and to cease all other forms of communication.

youknowthatoneguy
Mar 27, 2004
Mmm, boooofies!
Yeah I tried that already and they still gave me the same response. I will try and send another one then.

UrbanFarmer
Jun 13, 2010

by Ozma

TWiNKiE posted:

Maybe it's time for a new thread?
If you're willing to start a new one with a good OP that avoids confusion and retardation, I think it's a great idea but check with the mods.

Your help is appreciated. I hope you know none of my frustration was aimed at you.

BonerGhost
Mar 9, 2007

Boofchicken posted:

Yeah I tried that already and they still gave me the same response. I will try and send another one then.

Theoretically, if you had this problem, couldn't you go to the reporting bureau and tell them, "Hey so and so refuses to validate this debt, take it off?" and then when the bureau comes back and says, "Well they told us it was good, so no," go ahead and start counting violations?

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.
That, and if you cut off any other means of communication they will have to deal with you in writing eventually. Granted, 'eventually' may be when they file suit against you, but if that is what it takes to get them to negotiate seriously, so be it. Paying a debt collector over the phone is taking a huge risk for no reason, you need that written assurance that the debt is settled in full. Look up a few posts for a guy who is getting a second collection on a settled debt, if he didn't have written proof of settlement he would have been screwed.

Subderisorious
Feb 23, 2011
How do I go about finding a reputable credit counseling place in my area?

sleepness
Feb 9, 2006

Just curious what the next step in my process would be.

After thoroughly combing over my credit report and trying to tie up some loose ends, I came across one PayPal account that was charged off in 2007 and sold to Monarch collections. Sent a PFD letter, heard nothing from them for weeks.

About a month later after I sent the original PFD, I got a dunning letter from a different collection agency (I assume the debt was sold to them after me sending the PFD, which really confuses me considering I was offering to pay) AlliedInterstate, which said that I owed x amount of money, and that I can send them a letter requesting verification. to I instantly sent a verification letter the same day certified mail, as well as filing disputes with the CRAs.

It's been almost a month (4 days short), and just today, my credit report for that account has changed to "Unpaid / Chargeoff" to "paid", with no written or telephonic communication from the CA. While this is better, it is not the result that I would have wanted (looking for deletion).

What is the next step towards getting that account deleted?


EDIT : Just got this in my e-mail re: the dispute

>>> We have researched the credit account. Account # - 604407300267* The results are: This item has been
updated to report as paid in full. The last payment date and date of last activity are reporting correctly. The date
closed has been updated. Additional information has been provided from the original source regarding this item. If you
have additional questions about this item please contact:

sleepness fucked around with this message at 18:44 on May 6, 2011

My PIN is 4826
Aug 30, 2003

I just came back from work to find that some idiot of a collector has taped a notice for someone to the front door for our entire apartment block, which I promptly ripped down because I'm a good resident that helps keep the lobby tidy.

Debt collectors aren't meant to do that, right? I'm also very tempted to send it back to them in an envelope with an anonymous note describing how to use mailboxes :v:

e: This was for a person who I'm pretty sure doesn't live in the block anymore. Almost every apartment has a previous resident that used to be a foreign student and was apparently free to ignore their debts and gently caress off back home with little or no consequences.

My PIN is 4826 fucked around with this message at 19:18 on May 6, 2011

LorneReams
Jun 27, 2003
I'm bizarre
This is funny because there is a local rent to own place that does this exact same thing. I don't think it's a violation either as they only say to call with no other info.

TWiNKiE
Nov 18, 2002

Daah, I heard that!

sleepness posted:

Just curious what the next step in my process would be.
What's on your report now? Two hits -- one from Monarch and one from Allied Interstate, or one?

My PIN is 4826 posted:

I just came back from work to find that some idiot of a collector has taped a notice for someone to the front door for our entire apartment block, which I promptly ripped down because I'm a good resident that helps keep the lobby tidy.

Debt collectors aren't meant to do that, right? I'm also very tempted to send it back to them in an envelope with an anonymous note describing how to use mailboxes :v:
As long as it doesn't say "ABC Collections" or "John Doe owes us $400.00", it probably isn't a violation.

sleepness
Feb 9, 2006

Just one from allied

Cabbages and VHS
Aug 25, 2004

Listen, I've been around a bit, you know, and I thought I'd seen some creepy things go on in the movie business, but I really have to say this is the most disgusting thing that's ever happened to me.
I just wanted to say thanks to the OP - on the basis of this I went through and contested every single negative thing on my credit report, and literally 30% of them vanished. The other 5 or 6 are definitely valid (though so were the others, I guess they were just valid with insufficient paperwork).

Untrustable
Mar 17, 2009





Ok, so I'm not sure if this is the right thread to ask, but reading through it, it kind of seems like the debt megathread.

So, I moved out of a rental house in February because my landlord claimed I owed her 3,000 dollars. Now 3,000 dollars is roughly half of my rent for a year, and I know I didn't go that long without paying her because she would've kicked me out. So now, 2 months later, I'm getting 20-30 phone calls from her a day (I just ignore it). I was wondering what my options are? Right now I'm just ignoring her hoping she'll realize her numbers don't add up enough to take me to court. All she has is my phone number, I never left a forwarding address.

lapse
Jun 27, 2004

Untrustable posted:

Ok, so I'm not sure if this is the right thread to ask, but reading through it, it kind of seems like the debt megathread.

So, I moved out of a rental house in February because my landlord claimed I owed her 3,000 dollars. Now 3,000 dollars is roughly half of my rent for a year, and I know I didn't go that long without paying her because she would've kicked me out. So now, 2 months later, I'm getting 20-30 phone calls from her a day (I just ignore it). I was wondering what my options are? Right now I'm just ignoring her hoping she'll realize her numbers don't add up enough to take me to court. All she has is my phone number, I never left a forwarding address.

Have you calculated how much you actually owe? That could be helpful information

UrbanFarmer
Jun 13, 2010

by Ozma

TWiNKiE posted:

If that's what you sent them, you don't have a very strong argument. You're invoking rights that aren't even remotely relevant to what you're asking for.

First, the FCRA is for CRA's, not CA's. And then the section you're referencing relates to CRA's reinvestigating something you've disputed...

You meant the FDCPA. And while the CA has reason to believe that you don't want them to call you, claiming rights by pointing to a completely different law would probably absolve them of liability.

Nevermind that your letter says "I want to pay you less than you want, but if you don't like that, then I have no idea what this debt is about."
By reading this thread and having a better understanding of what you're saying, apparently. I know that sounds douchey, but seriously, sending something half-cocked can potentially expose you to more risk than if you just ignored them.
I recorded my last phone call with these guys where I asked them NOT to call me.

They just called again and I recorded it.

Can I sue the fuckers now?

TWiNKiE
Nov 18, 2002

Daah, I heard that!

UrbanFarmer posted:

I recorded my last phone call with these guys where I asked them NOT to call me.

They just called again and I recorded it.

Can I sue the fuckers now?
I suppose. As long as the recording's legal in your state.

You could try suing them in small claims, or you could send them a letter offering to settle out of court in exchange for $X and deletion.

Enderzero
Jun 19, 2001

The snowflake button makes it
cold cold cold
Set temperature makes it
hold hold hold
I'm being sued by Asset Acceptance and I couldn't understand some of what they placed on my credit report. They are saying that my account is a factoring company account, and that it was opened about 2 years after it was sold off and only went into (their) collections a year later. Obviously they are not a factoring company.

My return date is on Thursday, so it will be the first time I'm in court. The complaint has nothing but an affidavit from an AA employee saying I owe the amount, and the amounts they claim vary quite a bit(original affidavit is higher than what the lawyer put in the later complaint, and my credit report says a third value!). Twinkie, I want to take your advice on denying everything on my return date so the judge cannot rule immediately and asking that they prove I owe the debt and how they got the final amount.

I also want to get them off my back using this factoring company bullshit because it seems very strong. However I am worried that if I deny everything initially and begin my arguments relating to proof I am the debt ower and the accounting, that if those fail and I then use my credit report to bring up the factoring account nonsense I may get into trouble for having denied everything only to bring up a credit report that seems to imply I am the debt ower and I am aware of this fact, or that the judge might rule against me for showing that I know it is my debt.

What should I do? Go for the prove it's mine, prove the amount method or just go for the throat with the factoring company bit and try to get it dismissed with prejudice? Am I at any risk in denying and then showing later that I might be aware it's mine?

TWiNKiE
Nov 18, 2002

Daah, I heard that!

Enderzero posted:

Help, I'm being sued!
(Remember... I'm not a lawyer, and this isn't legal advice.)

So, you've got a few potential upsides here.

The three amounts:
How could you possibly know which one is the right one?
How did they come to "the right one"?
Why did they use whatever method they used to get to that number?
Is that what you agreed to?
Can they prove it? (Something with your signature.)
Is it legal in your state? (Check usury limits.)

You can still make them prove it without denying that it's yours. And being Asset, they're probably banking on you not showing up (unless it's a huge amount of money), so your chances aren't bad if you can answer carefully, and ask the right questions.

Or, you know, you could commit perjury. :)

Edit: And unless you want to get complex and countersue for FCRA / FDCPA violations, the judge isn't likely to care that they're reporting as a factoring company. If you and their lawyer have a chat before court, you might offer to settle that matter out of court.

TWiNKiE fucked around with this message at 03:54 on May 11, 2011

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mcpringles
Jan 26, 2004

I'm an idiot and apparently didn't pay a medical copay of $13.

I thought I paid it a while ago, and a few days after paying I received another notice. I didn't open the second notice because I assumed it was paid in full and the notice was sent out before my payment. I opened the notice today to find they were sending it to collections if I didn't response by May 2nd.

I'm planning on calling them in the morning to see if it isn't too late to pay, but assuming they've already sent my account to collections, what's my best option to minimize the damages on my credit report?

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