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BusinessWallet posted:I called one... PFD's should always be done in the mail. Always. If you've already sent one offer, mail them back what they sent you, and a letter offering to pay it in exchange for deletion. EVG posted:I on the other hand, want these fuckers to STOP CALLING ME. Are they at all within their legal rights to call me (his wife) about a old debt from before he even knew me? I don't even know how they got my number. quote:The one time I answered and they asked for him I told them they had the wrong number, this was NOT Mr. EVG's number, and not to call me again, and they just would NOT let me off the phone until I hung up. Since you're sending them a letter anyway, might as well have your husband DV them. End it with: It is inconvenient for me to accept calls between 8 a.m. and 9 p.m. at any number, and my employer does not allow personal calls. Future contact regarding this debt should be made via mail at the address you have on file (assuming they're sending stuff, too).
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Apr 7, 2011 22:39
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7thBatallion posted:It feels like the end of the world. It's hard to wait months when a few hours feels like hell. If you say wait, I'll wait. Yes, if you wait, it will go to a JDB. Yes, the JDB will buy the debt for pennies on the dollar. Yes, the JDB will almost certainly settle for less than they're asking for. You're still going to have an uphill battle getting them to PFD, and more importantly, you're going to have a chargeoff from Macy's that will be a royal pain in the rear end to get off of your reports for the next few years. Legitimate recent chargeoffs aren't like the good ol' days where companies may or may not have sucked all of their docs in to Documentum and storage was expensive. Unless you're independently wealthy and wanted to gently caress with Macy's, or have a millionaire uncle who you know is on death's doorstep, and who has always considered you his favorite nephew, you're going to want utilities, a cell phone, credit card, auto loan, or mortgage sometime in the next seven years. Banks sometimes overlook a collection account, but they don't overlook chargeoffs. Edit: It's still not the end of the world. You just need to help the right person at Macy's understand that getting some money is better than getting no money. Consider bitching to the BBB in the state of the issuing bank, too. That might be your best shot, especially if they have a branch presence (e.g. Chase, Bank of America) so that a ding on the BBB report doesn't put off someone shopping for one of their other services. TWiNKiE fucked around with this message at 22:51 on Apr 7, 2011 |
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Apr 7, 2011 22:48
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7thBatallion posted:This all sounds good, but getting there scares the hell out of me. If you're totally resigned to not paying it, you might as well declare bankruptcy. Your chances of obtaining credit in the next few years will actually be better than having a chargeoff on your report like some sort of albatross. quote:I don't need auto insurance, I don't drive. Everwhere I go to is within walking or bus distance, I have carpools, and I get by pretty good without the hassle of owning a car. I don't have a cell either. I used to, it was a prepaid thing, and I barely used the plan for what it was worth. Cell phones just aren't a major part of my life. And I really don't see myself having a mortgage in the next seven years. I rent, and I rent from people that don't do credit checks and poo poo like that. they aren't the best places to live, but I generally keep to myself and lay low. quote:Getting through to them is hard. I've tried in the past, they just read off a card and ignore everything I say. Even the supervisors. It's always the same " i understand what you're going through, but" line 20 times in a row. I said come in! posted:Okay one last question Twinkie, this debt isn't actually on my credit report, still go through with the letter tomorrow though right? 7thBatallion posted:Even if I could, I'd still have a non-negotiable $580 minimum payment due next month, and $1160 the next, as well as additional debt on a current, not-hosed card.  Send 'em  , then call.7thBatallion posted:Can they legally lower my limit below it's current level? AmEx and Citi are famous for lowering limits. Hell, I had Citi lower my limit by $3,000 just 30 days after getting the loving card. Their rationale: Discover increased my limit by $2,000 that month. In the course of a year, I had AmEx chop my $10,000 limit to $900, then $500, then back up to $2,500, then $12,000. My score was stable the whole time, and my utilization never went higher than 17%. Just this month, Citi closed my Home Depot card that I used once in October. I had a six month 0% promo, and had just made the last payment. GEMB increased my Lowe's limit by more than the total limit of the Home Depot card. Again, same scores, lower utilization now. 
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Apr 8, 2011 07:02
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seacat posted:I must respectfully point out this isn't good advice. While it is true that recent-bankrupcyees get swamped with credit offers (creditors know they can't declare bankruptcy again for 10 years!) these offers are poo poo approximately 100% of the time. E.g., a card with a credit limit of $500, an annual fee of $125, a monthly fee of $25, and a deposit of $500 because it's a secured card 'cuz you declared bankruptcy and no sane bank will give you unsecured credit. quote:Bankruptcy may get you a few lovely credit offers in the short run, but it is a bad deal in the long run. I would go further to say that someone declaring bankruptcy over a $2.5K balance on a Macy's card is pure lunacy. I definitely agree that for many reasons this ain't "the good old days" (my father walked away from $50K of credit card debt in the mid-1990s, waited out the SOL and is now debt-free with a great credit history, lol). While having lovely credit is definitely an albatross to some degree, bankruptcy is a much worse albatross. Every application form for any loan or job I've seen asks you if you've ever declared bankruptcy, even if it falls off your reports after ten years. No application I've seen (although I'm sure some are out there) asks you if you're ever had lovely credit, a chargeoff, a collections account, etc in your lifetime. Personally, I would not declare bankruptcy over such a small amount. Even when I was in to five figures of past-due debt, I didn't pull that trigger. Others did, and ended up getting mortgages and credit cards before me. Did they get lovely deals? Oh, gently caress yes. Mortgages at 15.99% and beyond (when 7% was common) and credit cards with fees and interest through the roof. Me? I couldn't finance a box of corn flakes if I had stapled a $20 bill to my application. To some people, having access to that lovely deal is better than having access to nothing. I know two people who took the lovely mortgages when values were going nowhere but up, flipped houses, and in the grand scheme of things, did pretty well. I know another person who declared on $12k, signed up for every scumbag offer that came her way, and now claims to have about $10 left after every pay check after her rent / utilities / food and garnishments are paid. quote:I have yet to know anyone who's been turned down for a job because of their credit score (I know it happens, just saying it's not often). And most places are far more concerned about your income than your credit score because any sensible person would pay their rent before anything else. The resounding point really, is that there isn't one financial scenario brush that everyone can be painted with. What you or I might think are terrible ideas, could actually work out better for someone than what's right for our personal finances. Drewski posted:I've written up a letter to the last agency I have to deal with on my credit report. "I don't know anything about this debt. I explicitly deny that this debt is mine. Please prove that this debt is mine. I would like to pay you for this debt that is not mine." First, make them prove it: "I don't know anything about this. Prove it." Then see how they respond. If they proved it, send the PFD. If they didn't, make them prove it, or delete.
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Apr 11, 2011 16:36
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jet sanchEz posted:I hope you guys can provide some insight for me, I don't think I saw this covered in the thread. In the US, your father's assets would go in to an estate. If the estate has enough money to pay for the debts, great. The executor or probate court pays the bills. If there's a will, whatever's left over is typically distributed the way the will says. Otherwise, it goes to your mother / father's new wife, or your family can fight over who gets what in court. If there's not enough money in the estate, underlying assets (the property that the taxes were levied on, for example) are liquidated, usually in an auction. At no point though, are surviving family members on the hook for outstanding debts -- except in cases where there was a joint account with a surviving person, or when a survivor wants to assume an asset (e.g., if you want to live in his house, you're responsible for taxes / liens).
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Apr 11, 2011 17:56
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A friend of mine who used to work for Asset Acceptance mentioned to me a while back that collecting debt from someone in the military was one of the easiest things to do. Apparently, he'd find out who the person's CO was, and then call him or her with just enough info to not completely poo poo all over protections against third-party disclosure. Then the CO would order the person to pay. Dunno how true it is.
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Apr 11, 2011 20:20
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jet sanchEz posted:My father did leave us a house behind and we intend to sell it but what if I talk to the creditors first and work out a deal with them? Amex already said they will go down by 50%, I spoke to someone from another card and they can do the same. If I can get the 60K down to 30K, I can pay it off now and then sell the home, essentially saving 30K. Or will they come after me in the future for the other 30K once the home is sold? I have not mentioned to any of the card holders that there is a house in his estate. Before doing anything, I'd definitely talk to a lawyer.
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Apr 12, 2011 18:31
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Halvor posted:I could be misunderstanding here, but I'm curious how (close to) correct I am about my situation. (outside the courtroom before the case is heard) CA: You owe me $2,000. You: No, I don't. CA: Sign this paper that says you'll give me $1,000 by next month, and we'll leave you alone. You: Okay / How about $500? / gently caress off, I'll take my chances in court. Or... Judge: Why are you here? CA: Halvor owes me money. You: I don't think I do. CA: Yes, you do. You: Prove it. CA: I have this affidavit that says you do. You: That's not enough. State law says you have to provide a full accounting. (assuming it does) CA: Well, I have a photocopy of your last bill. You: I'm not sure this account even belongs to me. Do you have a contract or application I signed? CA: No, but why would you have made payments from December 2009 to June 2010 if it wasn't yours? You: I don't know if that's true, because I don't know if you're even talking about an account that belongs to me. Judge: CA, do you have anything worthwhile? CA: No, but if you'll give me a continuance... You: No, the CA sued me, so the CA should have come to court prepared. The CA has to prove that the account is mine. There's no legal basis for me having to prove that it isn't. Your honor, I'd like you to dismiss this case with prejudice. Judge: gently caress off, both of you. This court finds for the defendant. Or... Judge: Why are you here? CA: Halvor owes me money. You: I don't think I do. CA: Yes, you do. You: Prove it. CA: I have a copy of your application, a copy of your accountholder agreement, a copy of your bills going back to 1998, and copies of signed checks you used when paying on the account. You:  Judge: Is there anything you'd like to say? You:  Judge: Court finds in favor of the plaintiff for $2,000 and court costs. Edit: If you can get the case dismissed in your favor, getting a copy of the ruling should be enough for the CRA. Of course, the flipside to that is if the ruling is against you, you'll then have a judgement on your credit report. TWiNKiE fucked around with this message at 22:29 on Apr 13, 2011 |
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Apr 13, 2011 22:18
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Boofchicken posted:However, they continue to call me. I checked the USPS website and my letters were delivered. This is pretty annoying, especially since I asked them to stop and I still am getting voice mail messages to the tune of we need to talk to you or your attorney, etc. It's not reasonable to expect them to stop the moment the letter is received. It still needs to go to a person, and that person needs to read it, and some type of action needs to be taken. After they've had it for 3 - 5 business days, you might be able to persuade a judge that they knew, or had sufficient reason to know that they weren't supposed to be calling you anymore.
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Apr 14, 2011 21:46
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Boofchicken posted:If they do call, should I answer just to see what they have to say and confirm if it is harassment or just hear them out and what things should I not say, short of the obvious not giving detailed information about myself. The thing is, I would be willing to settle if they would make payment plans a little more reasonable. They are wanting insane payment plans like 500 a month. quote:Out of curiosity, just by talking to them and recording the conversation, what particular violations could I look for if I wanted to rack some up against them? It seems from what I have read, if I had a substantial amount on tape it might strengthen my case against them if I had to meet them in court/sue. You'd want to pay attention to any of the following: 1) Threatening to take action they know they can't legally take (e.g. telling your neighbors, taking or selling property that the debt isn't secured by) 2) Suggesting that you could be arrested or imprisoned if you don't pay 3) Any other action that seems threatening (e.g. "I don't care about that letter. I'm going to keep calling you." 4) Calling before 8 a.m. or after 9 p.m. 5) Calling "an unreasonable number" of times. 6) Any sort of profanity, racial / cultural slur, or insult Things that probably should be violations, but aren't: 1) Suggesting that you're a dishonest person 2) Telling you that this will be "forwarded to the legal department" unless a specific action is taken 3) Threatening to sue (it's only a violation if you can prove they have no intention of suing) So, if they called you three weeks after getting your letter, said "Hey rear end in a top hat, unless you want the cops to come and break down your door, you'd better cough up $500." and then called you three more times after telling them to stop, you'd probably be well positioned to sue them for $7,000 + attorney fees: $1,000 for calling when you've sent a letter asking them not to $1,000 for calling you an rear end in a top hat $1,000 for threatening legal action they know they cannot take $1,000 continued collection activity after being DV'ed (assuming you sent the letter within the 30-day period and they haven't validated) $1,000 for each time after the initial call, if you can prove you asked them not to call Of course, rather than be aggressive, you can wait that out. If they want to sue you for $500, you can countersue them for $7,000 -- and get the case moved out of small claims court in the process. That would probably get their attention.
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Apr 14, 2011 23:25
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Look a distraction posted:I've got a small credit card debt that has been causing me a great deal of grief. The original debt was around $600. Over time while I was working during 2007 I was paying off small ammounts each week. I'd worked it down to $128 when I lost my job. I informed the collectors of this & they told me it would be paused. It took 4-5 month to find another stable job but when I did, I got back in contact with them to find out my debt was over $500 again. If you've been paying a CA, it's hard to turn around and say "Hey, wait a minute. Validate this!" after the fact. You've basically affirmed the debt. I'd probably try settling with them for the $128, and see what they come back with. Unfortunately, the fact that you've paid them in the past doesn't put you in a very strong position. They know they've been able to get money out of you before. As for the cell comparison, they're totally different animals. Your cell contract didn't say they'd charge you 29.99% interest and a $35 late fee.
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Apr 15, 2011 16:39
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Nighthand posted:My Girlfriend has begun receiving notices from a Collection Agency. The notices are for a medical debt with Patient First. The principal was a little over $100, the total is a little over $200. If you're 100% sure it's that old, she can send them a letter that says "This should have been taken care of by insurance. Sorry it wasn't. Pursuant to the Fair Debt Collection Practices Act, this letter serves as your notice that I am directing your company to cease and desist further communication with me." The statute of limitations in Michigan on a medical bill is four years from the date of service, so if they tried suing her, they wouldn't be very successful if she showed up to defend herself. Halvor posted:Literally one day after I turned in my Answer, the court mailed me a Notice to Appear, signed by the Clerk (probably who I handed the papers to in the first place), with a date (6/13/11 8:15AM) and the judge's name. Is this typical? Should I be worried (or only worried if I can actually find how the judge typically rules)? Am I asking the wrong person in the wrong forum? Can you tell I've never had to deal with any legal issues before? You answered, and they said "okay, now come to court". What were you expecting? Whether or not you're asking the right person depends on what you hope to hear, I guess. I'm not a lawyer, so I'm not dispensing legal advice. I can just tell you what it's like to be sue and be sued. quote:Also, given your scenarios above, when they ask outside the courtroom to settle, is it Kosher to ask them what evidence they have against me before deciding? I mean, if I ask "can you prove that it's my debt?" and they SHOW me they can, I'd be willing to try to settle with them. But what would motivate them to settle if they could prove that it's mine? Let's assume they can prove it. They have little incentive to settle with you. They've got their docs, and they've got you physically in the courthouse. From their perspective, it doesn't get much better. quote:I really think (hope) it'll just get dismissed. This lawyer's office is in Novi, MI (over by Detroit, and at least a good 2.5 hour drive to get here). I have to wonder if it's REALLY worth it for a collection company to be billed for five hours of driving, and then however long it takes to deal with me once they get there. If you're all out of options, ask the judge why they had to send a lawyer all the way from NO-vee, and see if the lawyer's head explodes. quote:edit: If my goal is to waste the lawyer's time, and therefore the collection agency's money, might it be a viable strategy to demand a trial by jury, given that this is a civil case? That's probably why they're (apparently) not suing you in small claims, where they'd have no right to recover legal fees under Michigan law. Offrampmotel posted:Years ago I had a lovely credit card from First Premier with like a $300 credit limit that was opened 9/2004. It was charged off on 2/2009. Opened 9/04, in collections 3/07, charged off 2/09  It should have been charged off in the summer of 2005 if you only made six payments. Drewski posted:I've got a couple letters here that I wrote. Anyone, please feel free to use them as samples and edit as you need. First up: a Goodwill Letter. Second is Pay-for-Delete.  That's got me wondering though... has anyone used advice in this thread with some success?
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Apr 17, 2011 06:59
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Offrampmotel posted:That's what has me confused. I 100% guarantee that I never used/paid the card for more than a few months. quote:This thread has convinced me to never get another credit card. A relative of mine was baffled that her one and only credit card had its limit chopped by several thousand dollars, despite her "850" credit rating. She paid off her car, mortgage, and closed all but one card, thinking her credit was stellar already, and would only get better by being debt-free. In a nutshell: she basically had no credit. samizdat posted:Just stay away from lovely cards and join a credit union. I just closed an account at one who pulled hard every quarter, never once offered me a preapproved card or loan, and started charging me $12/month for not using online bill payment. Chase, on the other hand, has never charged me for using (or not using) online bill payment, or any other monthly fee on my checking accounts. They also offer me pre-approved credit cards at the ATM, and can manage a soft pull. Sure, it's anecdotal. Some CU's will just flat out deny marginal applications with a form letter. Others are kind enough to have a person call you and tell you how lovely your credit report is, which feels much more awesome than a letter that says "no". Others will approve you for anything as long as you're working and haven't declared bankruptcy. I've heard good things about the CreditBoards CU Trifecta (Penfed / Patelco / some other one whose name I can't remember), and I've had a lovely experience with 2/3 of the local CU's I've tried. As with anything financial, your mileage may vary.
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Apr 18, 2011 20:04
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Diplomaticus posted:Hypothetical question: if a debt is still held by the original creditor, but they hire a collections agency to try to get you to pay (but the CA does not own the debt, it's still with the original creditor), a) can the CA threaten to report it on your credit report, and b) can the CA itself actually report it, despite not being the owner of the debt? There's nothing in the FCRA or FCDPA that prevents the CA from reporting the debt (or saying they will report the debt), as long as they own the debt or have been contracted by the creditor to collect the debt. quote:Was trying to figure out how that would work. It would seem to me that a CA shouldn't be allowed to report a debt that it doesn't actually own, as they're not the creditor. But at the same time, it would be a moot point right, because they can just send everything all pretty and packaged up to the OC, who can sign it and mail it to the credit reporting agencies directly? In theory having multiple entries for the same debt doesn't hurt more than having just one. That theory is expressed by FairIsaac, who own the FICO formula, and won't tell you how a FICO score is calculated. In real life, let's assume you somehow managed to get an actual human being to look at your credit report for a credit application. Do you suppose they'd sort through the different amounts, different companies, and different account numbers that have stacked up over time where one CA stopped and another began, to decipher whether three entries should really be one? Or do you think it's more likely they're going to say "deadbeat", deny you, and keep their job because they didn't issue a potentially bad loan? For the other 90% of applications, do you think they're running your credit through Watson, or some lovely program that was hammered out by malnourished Filipinos in the 90's who were locked in a basement with an ISDN line and a dream? Zen Dudeism posted:Capital One question: Collectors know this, and bank on it. By and large, the Baby Boomer generation and older will absolutely lose their poo poo if they so much as think a CA is after them. Having a neighbor called by a CA would be mortifyingly shameful to many, if not most. And a typical reaction to that is "Make it go away. Whatever it takes." In Maxed Out*, two up-and-coming CA's have the balls to brag about it. You can watch it below. If they told your neighbor that they were calling from ABC Collections and the message was "You owe us $2,000", and your neighbor was willing to attest to that, you could probably rack up $2,000 in violations... or offer to settle for the outstanding balance and deletion. Drewski posted:Regardless, they are only allowed to only tell your neighbor who they are and whom they represent ("I am with Acme Bank and I'm trying to locate Zen Dudeism"). If they reveal your account number, that you have a delinquent debt, or other details of the delinquency, then it crosses a line. Let's ask the FDCPA quote:: Now, to my asterisk... *I know I've pimped this movie out before, but holy gently caress, does it get more relevant as time passes. Even if your only debt in the world is the quarter you borrowed from someone at work to get a Kit Kat out of the vending machine, watch this movie. Even if you think Elizabeth Warren is an alarmist hippie who couldn't possibly be the most psychic person in the goddamn world, since this was made six years ago and she correctly predicted everything, watch this movie. Stream it for free if you have Netflix. Stream it for free if you have Amazon Prime. Redbox might have it for a buck. Steal it from Walmart if you really need to. But it's so worth the time. Trailer (with bragging CA's): http://www.youtube.com/watch?v=YiOVNWoWTAU
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Apr 20, 2011 06:13
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COMPUTER SECRETS posted:I received a letter about a debt and I replied with a verification request. In that letter I also requested that they contact me only by mail, and not to call. A few months later, I began receiving calls from a law firm trying to collect the debt and now they are suing me on behalf of the original company. Do those phone calls from the law firm violate my original request?
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Apr 20, 2011 18:12
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Drewski posted:I got a signed notification back from the credit agency I sent the pay-for-delete letter too. They didn't print their name though, I just got a signature with a check mark in the "Agent" box. Is that good enough for me to validate that someone received the letter? Name or not, you've proven that a letter was sent, and that someone was able to convince the postal carrier that she or he is the proper recipient.
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Apr 21, 2011 03:50
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NancyPants posted:What exactly does the SOL limit? I understand you can still be sued outside the SOL and it's up to you to defend yourself by letting the judge know it's outside the SOL and therefore a waste of time. quote:I'm confused about people talking about things on their credit report that are outside the SOL. Doesn't the SOL limit reporting as well? For something outside the SOL in your state, can't you just contact the reporting agency and tell them, "This is outside the SOL, take it off"? On the other hand, the FCRA says that negative information can't stay on for more than 7 years + 180 days. If lawmakers wanted the information off at the SOL sunset - but not to exceed 7 years + 180 days, that's what they would have said. quote:When referring to first delinquency as the SOL countdown timer, that's the date of first delinquency as reported by the creditor and not a charge-off date, right? So, let's say you were two months late on your Discover card in April 2004, and haven't been late since. That doesn't mean you can skip out on your bill now, and claim that the DOFD was past the SOL (assuming the SOL is seven years or less where you live) The chargeoff date isn't relevant to the SOL or DOFD. On an unrelated note... Looks like collectors are sniffing around Facebook: http://mashable.com/2011/04/20/facebook-debt-collector/
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Apr 21, 2011 06:46
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Drewski posted:Hi TWiNKiE, sorry to bring up an (moderately) old issue... The rationale is twofold: First, you want them to know you're responsive, so they won't be as quick to haul you in to court. Second, you want to make sure your ducks are in a row if they report the debt to the CRA's. So let's say you send your letter that says "don't call me, but you can write me" and they start calling you without properly validating, and poo poo on your credit report. That's when you fire back with a letter telling them the debt's past the SOL, they've violated by calling you without validating, and you're willing to settle out of court... $500 to you and deletion. Boofchicken posted:Quick question. So I sent out the debt verification letter and got back a nice healthy packet of stuff. Mostly old statements from Chase. Everything is there and it is obviously verified. What I am asking is what is the best way to start payments with them that don't amount to insane monthly payments? The very few times I talked to them on the phone, they would ask for up to 500 a month, which just is not feasible at the moment. If they're asking for $1,000 (just to keep the math easy for this example), offer to pay $800 in four monthly installments of $200 paid via money order, beginning within 7 days from your receipt of their acceptance. "And to further ensure that this agreement is mutually beneficial, (company name) agrees to remove this tradeline from any consumer reporting agency which may have knowledge of said account, upon completion of the proposed payment schedule."
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Apr 22, 2011 20:27
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NancyPants posted:These two statements don't really contradict each other unless I misunderstood you. Does the FCRA make a distinction between reporting of credit/debt and the collection of it? Remember: FCRA = Fair Credit Reporting Act FDCPA = Fair Debt Collection Practices Act They're different things, and your state most likely has additional laws that touch both acts. quote:If you can successfully defend yourself against collection because a claim is outside the SOL, can't you defend against reporting as well, or is it not set up that way? That's separate from any state SOL on the debt, which stipulates how long the creditor has to make a claim against you in court. quote:I'd think if a creditor took you to court and you showed up, told the judge, "Hey, Your Honor, this poo poo head apparently can't work a calendar because this has passed the statute of limitations and the law says I don't owe him a dime," you could also write a creditor and tell them, "Hey, poo poo head, learn to work a calendar. This debt is past the SOL, stop reporting it." 1) Reporting negative information on a consumer report is "continued collection activity", and should not be permissible when the creditor knows (or has reason to know) that the debt is no longer collectable under the statue of limitations laws in the debtor's state. 2) The FCRA is clear, and distinct from a state's statute of limitations. While a debt may no longer be collectable, a creditor has a right to effectively "warn others". Further, crossing the statute of limitations does not make the past history of negative information invalid. Now... the Federal Trade Commission released an opinion letter (I posted it a few pages back) where they said they consider continued reporting to be continued collection activity. However, that's a matter of opinion, not a matter of law. As far as a judge would be concerned, it's up to him (or her) to make the decision, because the laws are somewhat vague on the topic. For instance, is it reasonable to believe that the government would have envisioned consumer reports being used for everything from renting an apartment to getting a job or car insurance almost forty years later? If they did, were they intentionally vague? If they didn't, would they want the law to give broader recognizance to the rights of the consumer, or to the rights of the collectors?
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Apr 23, 2011 06:33
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NancyPants posted:So how would I find out for sure what my state says is the SOL as far as collection and reporting? I know how to work Google, but I wouldn't really go into court/take someone into court based on some law I found online that might not even be typed correctly. This is a pretty good resource that should point you to the right place, if nothing else: http://whychat.5u.com/ Edit: http://www.legis.state.ia.us/IowaLaw.html TWiNKiE fucked around with this message at 04:46 on Apr 24, 2011 |
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Apr 24, 2011 04:42
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7thBatallion posted:Debt collectors can;t legally call more than 3 times a week in Washington State. Does that apply to the OC as well? If so, that's upwards of 25 violations a week. You don't have much to lose at this point. I have no idea how it works in Washington, but in Michigan, you can file a complaint online. If the AG office knows who to contact via e-mail, you can sometimes get things resolved in a business day. Otherwise, they send a "What the gently caress is going on here?" letter to the company. When the company responds, the AG sends you a copy of what they said, along with what the AG is going to do about it. The company responses are almost always one of two things: 1) "OH GOD NO! We're sorry. We'll stop. This isn't our fault, but we feel terrible about it." 2) "gently caress you. We're not breaking the law. But we're going to stop doing whatever it was that got your resident upset to get you to leave us alone." The AG response is usually: 1) We don't determine legality on everything. If you think you have a case, here's how to sue them. 2) They weren't doing anything illegal. Get over it. Call the BBB. Whatever. Nobody cares. 3) OH SNAP! poo poo JUST GOT REAL, SON! Wanna be a witness? (P.S., this is why many CA's will ask you to sign a waiver if you settle with them when threatening to take them to court for violations.)
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Apr 27, 2011 03:10
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Subderisorious posted:I need some financial advice. Even at minimum wage, that's not quite four hours' work. And since you've been in default for less than a year, you have no realistic shot at anything but PFD (with nothing to fulfill the "P" part). If that's the case, and you have no immediate hope of getting more work, you might as well declare. You've got no money coming in. You've got no assets you're trying to maintain. Your credit's trashed, and it's not going to get better anytime soon. Your downsides to declaring are few. Since it's all credit card debt, it isn't going to be complex, and you can probably find a lawyer to do it for under $1,000.
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May 1, 2011 21:46
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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. 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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May 1, 2011 23:38
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UrbanFarmer posted:I sent a PFD letter that included the following text: 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?
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May 4, 2011 05:38
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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.
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May 4, 2011 05:39
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b1gs341 posted:Should it be a formal DV or just something informal? 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? 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. 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?
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May 4, 2011 09:09
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sleepness posted:Just curious what the next step in my process would be. 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.
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May 7, 2011 16:44
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UrbanFarmer posted:I recorded my last phone call with these guys where I asked them NOT to call me. 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.
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May 10, 2011 23:00
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Enderzero posted:Help, I'm being sued! 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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May 11, 2011 03:51
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ZeroAX posted:I'm an idiot and apparently didn't pay a medical copay of $13.
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May 11, 2011 04:32
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Enderzero posted:Thanks for the response. It's not just that they are reporting as a factoring company, it's that they are reporting the debt as a factoring company account instead of a regular credit account. Factoring accounts have different rules that apply because there is an expectation that the debt is still good (i.e. there's a reasonable expectation it will get paid) versus a charged off account. I believe they are trying to re-age the account by claiming it is this factoring type, the DOFD is all wrong. Can this be used against them? "Asset sued you for not paying. Did you stop paying before Asset started doing sleazy reporting, or did you stop paying because they started doing it? Before? Then what does all this 'factoring' business have to do with anything?" You're not going to court because of the way Asset is reporting. You're going because you allegedly stopped paying for something you agreed to pay for. At this stage, that's all that's important. If you can introduce enough doubt that the debt might not belong to you, or that the amount they want is more than what they're legally entitled to, great. Asset loves to deal in junk debt under $1,000, so six grand is going to be big for them (and presumably, you). So, you're not going to want to go in half-cocked with FDCPA violations when the real meat is getting them to prove that you owe anything in the first place. Of course, if they're able to win, you can still turn around and sue them for violations -- and pay your judgement with their money.
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May 11, 2011 21:43
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7thBatallion posted:i need the Federal laws regarding the original creditor. They called at 7:35 in the morning, and are calling upwards of 30-40 times a week. Anyone know where i can find those? However, if they're calling with "This is an important message for _________" autodialers, 47 U.S.C. Section 227 potentially covers that. Edit: And, some states have consumer protection laws which let you invoke the FDCPA against an OC. I believe California is one of them.
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May 11, 2011 21:49
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Enderzero posted:Yes, I see what you're saying. I was hoping that the improper reporting/re-aging was a screwup that could get the suit tossed because they aren't handling the debt properly - an FDCPA violation. They are reporting the account as open, which it clearly isn't. Am I actually going off half-cocked here? I tried to find information relating to this issue and another board mentions there's little to no case law, and that's probably because people who notice this kind of error get a settlement and an NDA. There was a debt. They say it's yours, and it's this amount. Is it, or isn't it? Everything else is conjecture. If I crash in to your car, and you steal a CD from my car while I'm writing down information, that doesn't take me off the hook for compensating you. It makes you a douche, and I can call the police and accuse you of theft. But when AAA gets a claim from your insurance company, they're not going to say "Well, well, well... your customer stole 'Fear of a Black Planet' from our customer's car. You and the claimant can both get hosed." quote:Instead it looks like it's a FCRA violation, so they can sue for the debt and if they win I can sue them under FCRA - Two separate actions in total. Should I just go the "prove it" route for now and if things don't go well, talk to their lawyer about the factoring issue and try to get a settlement - pay nothing, they delete, I don't come after them about FDCPA violations? Would it be wise to bring it up during the hearing if the "prove it's mine" tactic fails? What about if I get to talk to their lawyer, pre-hearing? I guess I'm just not sure the order to play my cards - I don't want to make money I just want to pay as little as possible and have it go away, even up to a few thousand dollars. You have a legit copy of your credit report that shows they've been reporting the account as a factoring account for months? That's a good start. So let's say you're talking to their lawyer pre-trial. First, you admit nothing. In fact, I'd avoid talking about the debt altogether. Complain about Asset. Tell the lawyer that you feel your rights have been violated, and you think they may be liable for however many thousand dollars you (realistically) think you could win. Acknowledge what a pain in the rear end it's going to be for everyone to get that ball rolling, While you're certainly not saying that the debt is yours, wouldn't it be nice for everyone if they dropped the suit and removed the entry from your reports, and you signed something promising not to go complaining about these violations, and everybody just agreed that this has been one big, inconvenient mistake? quote:Edit: "Then what does all this 'factoring' business have to do with anything?" Is "It has an effect on whether they have standing to bring a suit" an acceptable response? What about trying to use it as an amendment to the "prove it" tactic, i.e. "As a factoring account it states it was open at these times. How did they arrive at it being an open account?" You can try bringing that up to suggest that Asset has no idea what they're even trying to collect on. If they come completely unprepared, that might even work. On the other hand, if they come with a signed application and boatloads of documents with your signature on them, the lawyer will probably say "Oh, someone made a typo" and the judge probably won't care very much.
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May 12, 2011 00:01
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Drewski posted:I received the results of my investigation today. Murgos posted:I have some student loans through Nelnet. About 4 years ago I missed some payments but got caught up in full and then last year consolidated those loans into a dept of ed loan. Unfortunately, you don't have much to get traction on with a student loan.
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May 20, 2011 03:24
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