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CubsWoo posted:
Before anyone gets themselves in trouble or makes a fool of themselves I'll just point out that THE FDCPA DOES NOT APPLY TO ORIGINAL CREDITORS. Basically every single web page you can find talking about the FDCPA will point this out. quote:(6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f (6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include—
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Dec 14, 2009 18:02
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Not an Anthem posted:I.. don't have any debt. That I know of. Someone started calling me leaving me voicemail messages "this is for (my real name) please call us back or we'll keep calling" and call every morning around 7:30am. Convergent seems to specialize in really old zombie debt. Stuff past the statute of limitations. They just annoy people and hope they'll pay. Have anything from 5-10 years ago it could be? An old utility bill? Record your conversation, find out what it is. If it's old (past statute of limitations) tell them to gently caress off and never call you again. If they keep calling, sue them. Either hire an attorney or spend a bunch of time researching how to do it. Even if the attorney takes a chunk of the money, it's still free money and you will feel better having taken some of their money.
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May 7, 2014 05:02
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Crunk Abortion posted:And that's still a good idea with debts inside statute? I've read that it's not a good idea to dispute online, should I do this byail with the CRA? And should I do the dispute before validating? Do some research on Florida's borrowing statute. The Florida court's might use the South Carolina statute of limitations since that's where the dispute arose. My 30 seconds of research looked promising but you should make sure it will apply in your situation.
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May 26, 2014 22:31
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BraveUlysses posted:Ugh, my wife's credit problems are rearing their head again, we were just served notice that she is being sued for a debt (it is valid, not disputing that). Were any documents included along with the complaint? Who is suing you? The original company you owed money to or some random collection agency? How old is this debt? They will absolutely negotiate a lower payoff amount. If it's some lovely junk debt buyer amounts in the 25-35% range shouldn't be too hard to negotiate. But a lot will depend on how strong their case is, and a lot of that will depend on who exactly is suing you. Whatever you do, make sure you respond to the lawsuit. Most of these collectors just assume you won't respond so they get a default judgment and the fact that they can't document their claim never ends up mattering. You can see if you can get an attorney to do it cheaply, or honestly if you can spare some time to read up on how to respond, you can even do it yourself.
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Jun 18, 2014 02:17
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steimer posted:I have a collections account for $600 that is two months past the SOL deadline, and is scheduled to continue on account with the CRA's until August. If I dispute with the CRA's online could these be removed faster? There's a decent chance it will be deleted early but maybe not by all three. No harm in trying.
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Jul 3, 2014 22:20
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canyoneer posted:Let's say I don't have a smart phone. These also come from a variety of phone numbers, sometimes showing up as "unknown number". http://www.consumerfinance.gov/ https://complaints.donotcall.gov/complaint/complaintcheck.aspx Are they calling with an automatic dialer? You should also get their address, send them a cease and desist letter which also states that you will sue them if they contact you again. What do they say when you tell them this is the wrong number?
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Aug 7, 2014 01:02
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GobiasIndustries posted:Right, but they've already sold that balance to a debt collector years ago. Shouldn't it either be I pay them and get it off my record as a delinquent account, or deal with it with the collectors? Just because there's a collection agency doesn't mean the debt was sold. They could be collecting on behalf of Comcast but Comcast still owns it. Utilities seem to retain rights to debts more often than other creditors who will just sell them and forget them.
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Sep 1, 2014 03:07
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Kabuki Shipoopi posted:The date the RJM account was opened was 8/31/06 The collection started that date or thre original account was opened that date? If the collection account is that old it shouldn't be reported any more. If it was charged off less than seven years ago and can still be reported you could ask them to delete in exchange for a payment. You can negotiate by phone or in writing. Record the call. Notify them if your state requires it. Conversation is simple. "I don't believe I owe this debt. You have no way to get the money from me. I will pay a reasonable amount to have this deleted and done with. Make an offer." That's not going to reset anything. And find a credit Union that will give you an account even with that old debt. There are credit unions tha will. Do some Google searches for places that don't use chexsystems. Changing the collection account from unpaid to settled will do nothing for your score. Might even lower it because an old account will now get updated. Try to get it removed.
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Oct 5, 2014 09:19
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actionfiasco posted:Hey, I need some advice. My fiancee received a letter stating she was in collections for a phone/internet package for around $200. She called the agency and they said it was for an address she never actually lived at, though a friend of hers did. Fiancee lived with said friend during college so it is definitely possible she could have snuck around and got her SSN and signed up for an account in her name. The friend is being generally unhelpful and denying everything. What's the next step here? Go to the police and present it as identity theft? Try and get in touch with the original company and dispute the validity of the original contract? We've sent a debt validation letter to the agency so that is at least covered. Call the original creditor and find out what you can from them. Confirm what address it was for. If it's not your address, see if you can get information on how the bill was paid (I assume it was paid a few times before it went bad).
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Dec 19, 2014 02:36
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So they're suing you in Maryland? Is the 3 year SOL for Maryland or California?
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Oct 22, 2015 22:46
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Iron Lung posted:Thanks all, this really helps clarify. AZ is 6 years, I just checked. Dumb question, but if we move does that change or does it depend on the state where the debt was originally incurred? This is a complicated question that involves both the statute of limitations of the states involved as well as their procedural choice of law rules. So it depends. 6 years is definitely on the long end for statute of limitations for credit card debt so there won't be many worse places to move to.
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Dec 21, 2015 18:38
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consumerfinance.gov Best place to go if you have a legitimate complaint.
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May 17, 2016 19:54
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They are 100% allowed to update the current state every month
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Jun 15, 2016 21:35
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In an extreme case, the CFPB might be dead, Dodd-Frank might be dead or highly changed, no one gives a poo poo about the FCRA or FDCPA and I don't see why any of that would be changed and those are really where all of your power in these cases is. Last I checked, Guantanmo was still open and we still assassinate the gently caress out of brown people and spy on our own citizens. Sometimes Presidents make big promises and never follow through.
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Nov 14, 2016 04:19
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Pay for deletes are basically non-existent nowadays. Might be able to make it happen with the collection agency, they're about the only ones who occasionally do, but it's still really unlikely. Certainly not for a 10% payment though. It wasn't clear from your post if you understood this or not, but you don't have to have the collection entirely gone, you just have to have it paid. It may even be okay to be on some kind of payment plan with the collection agency if they'll give you a letter explaining it (which you give to the lender), if you really need to go that route. You may be able to get the collection account off after it's paid. I've seen good results with disputing through various methods AFTER payment. They're not supposed to do PFDs according to their agreements with the CRAs, but once they have their money, there's really no incentive to be timely with responses or give a poo poo about record keeping. The marks from the OC will be there until they fall off at 7.5 years. What can you afford with regard to this collection? Paying just 50% of it is a pretty standard deal. You can probably get them down to something like 30% Below that would require some real negotiating skills. Call them up, act poor, ask about stretching the payment out, cry a little, hang up and call back the next week, etc. If they haven't sued you yet, they probably aren't going to, but 5k is a fair amount of money so don't tell them you have enough money to be looking to buy a house. If you're worried about reaffirming the debt, just remember to not admit you owe anything annd don't make any preliminary payments without a deal in place. When you strike a deal, have them email you the terms before you send payment. They *probably* aren't going to rip you off, but it never hurts to be sure. Kase Im Licht fucked around with this message at 23:14 on Mar 4, 2017 |
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Mar 4, 2017 23:11
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lord_daeloth posted:I think they got me. The summons had my original loan agreement as well as copies of the Bill of Sales for each of the collection agencies (four of them!) that bought then sold this debt before it got to them attached. I'm also 2 years away from the statute of limitations on the thing. I know the general advice is to just stick it out and see what the judge says, but I can't afford a garnishment if the judge sides with the collector. So I'm pretty tempted to cut a deal. I guess on the bright side I *shouldn't* have to worry about the other loan since they never responded to the validation request. If you live in a state with solid rules of evidence you might be able to get all of that excluded as hearsay, but that will be extremely state specific. I won a case in Virginia that way. They had even flown a witness out, but since it wasn't a witness who worked at each of the places who'd previously held the records, I got it kicked out.
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Jan 29, 2018 01:46
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