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Also, you could probably send them a letter saying that the statute of limitations has run out, and any further attempts to collect the debt are a violation of federal law. Then, if they continue to collect the debt in any way, send them a friendly intent to sue letter and invite them to settle.
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Sep 20, 2010 19:13
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When you get a few months delinquent, they start sending you offers to settle. My experience is that they'll offer paying 30-50% of the principal to settle, but you could try counter-offering less. I'm in a similar situation, I make barely enough money to cover expenses, and I haven't paid on my cards in about nine months. They're starting to get charged off, and collection agencies are sending me Dunning letters. I'm being a good boy and sending my verification requests. So far one company has failed to respond within 30 days. Go ahead and try to collect on me, NCO Financial.
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Oct 14, 2010 14:40
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Sometimes the green card comes back with a stamp on it similar to what letters get over their stamp when they're delivered, which would have the date on it. Maybe you missed that? For NCO, I'd send it to the street address.
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Dec 30, 2010 19:47
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I'm only guessing, but I have to assume it's the statute of limitations for the state referenced in the card member agreement. Which, apparently, isn't always the state you lived in when you signed it. You remembered to keep all that crap they mailed with your first card, right?
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Jan 9, 2011 02:55
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I got a letter from Williams and Fudge about a student loan I haven't made a payment on in a little over a year. The total amount is about $5500, but the only amount on the letter is what's past due, $900. Basically it says that if I don't pay them, they will decide if they want to sue me. It's not a Dunning letter per se, since it's regarding a student loan, so should I still send them a gently caress-off letter, or just let it go and hope they realize that I don't have enough income for them to garnish, or any assets to take away. (Income <$13,000/yr, no car/house/anything of significant value.)
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Jun 5, 2011 16:44
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Yes, unless you can demonstrate that it is an undue hardship to have to repay it, which basically means permanent disability preventing you from working again, ever.
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Jun 29, 2011 14:34
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NancyPants posted:Not CapOne, it's our gal Sal. How many days delinquent are you with Sallie Mae? I'm curious because I'm about 550 days delinquent on my loan, and they call me like clockwork at 8pm every night, but so far no CA or lawsuit or anything. Big Taint fucked around with this message at 14:45 on Jul 31, 2011 |
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Jul 31, 2011 14:24
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Femur posted:I just got a letter from the lawyer for Citibank. They won a summary judgement from me like a years ago, that I didn't even know about until I checked my credit a few weeks ago. I've been trying to find out what legal remedies I can pursue. If I weren't in a charitable mood, I'd tell you to just read the thread, since this has been covered many times over. Tell them that you want to "pay for delete" (PFD) and make sure you have their agreement signed, in writing. Pay with a cashier's check. Mail everything certified mail with return receipt.
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Aug 5, 2011 01:24
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If there was a judgement, you probably can't get that off your record. But the CA is probably also reporting, so he would still want a PFD from them, and a letter saying such and that the account is paid in full, judgement fulfilled, whatever the legalese is. A cursory Google search should turn up a nice form letter. With that letter in hand, just wait for some other jackass CA to get the spreadsheet with his name on it and try to collect it, hit them with that letter, and wait for them to violate/sue, then countersue and profit.
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Aug 6, 2011 20:15
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BusinessWallet posted:Anyone? Capital One has a reputation for toeing the hardest line on that sort of thing, so I wouldn't count on it. OCs tend to not do pay-for-deletes. If it's >7 yrs then they have to stop reporting it, if it's been longer than that you can send them a friendly letter reminding them.
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Nov 17, 2011 17:13
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Robawesome, send DV letter CMRR, it can be a standard off-the-shelf template, since you're not trying to say the debt isn't yours yet per se, just that they need to validate it. Do make sure that your current mailing address is on the letter, so they can't keep sending mail to a defunct address unbeknownst to you and then go all  that you didn't get anything and he sues you. Then you wait. If they try anything else without validating, then they are in trouble. If they validate, it should be easy to refute. Be ready to prove that you moved out of the apartment by a certain date. Did you give the landlord written notice? Do you have a copy of that? The next best thing is probably a rental agreement for your new place. Do you have the rental agreement from your old place, too? Might want to find that, too, just to check the fine print.
Big Taint fucked around with this message at 22:37 on Nov 24, 2011 |
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Nov 24, 2011 22:34
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ItheWelp87 posted:What should be my next step? Stop talking to them on the phone. Nothing good can come of it. Mail your dunning response CMRR, and mention that you'd like all future correspondence done in writing. If they leave you a threatening voicemail, save it as evidence. If they threaten you in a letter, save it as evidence. If you are able to record your phone calls, you can answer the phone and see what they say (how they violate), but don't commit to anything or give them any information. If you manage to collect some violations, you can wait for them to try to sue you and counter-sue, then tell them you're willing to settle for a deletion of the debt or something. Or if they really flagrantly violate the FDCPA, then sue their asses and collect some cool cash. If they verify the debt and don't violate, then they can and may very well sue you. This, based on reading this thread and many others on the tubes, seems incredibly unlikely unless it's the OC. Much more likely is they can't verify the debt. If they don't violate, then you just have to wait for it to go away. You could offer them a PFD for <50% of the debt or whatever, and see if you can negotiate that. Again, only in writing. Good luck, don't be scared, fear is their weapon. We are on your side, with moral support and questionable
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Dec 1, 2011 01:13
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Robawesome posted:What now? Do you have the original rental agreement? With your monthly rent stated on it? Failing that, do you have bank statements that show you paying a specific amount every month to him? Did you give him a written notice that you were moving out?
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Dec 2, 2011 02:55
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If all he has is a rental application, and no contract, I'm not sure what he can do. However, it does sound like you do owe him rent for two months. Not sure what your best move is here, I guess I'd just wait and see what happens.
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Dec 2, 2011 23:43
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MAO TSE-TUNGACUNT posted:but I honestly think they're breaking a few laws here. Quite possibly, particularly sending that letter. It's a big no-no to say "I'm probably gonna sue you" even if they do. Sit back and let them rack up violations. Maybe come up with a way to record phone calls if they are bothering you that way. When they have done enough @ $1000 per violation to exceed the amount you owe, counter sue them and offer to settle for a delete.
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Jan 17, 2012 15:07
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cr0y posted:Are there any clauses I can add to a DV letter that might increase my chances of the collector loving up and having to drop the debt? I have heard adding things like "this must be completed within X days, etc". Debt in question is about $700. I don't think you can time-bar their response, they can do it indefinitely (within the statute of limitations), but ANY attempt by them to collect without validation is a violation. So it's safe the assume that if they CAN validate they will do it sooner rather than later, but you're never truly safe until the SOL runs out. My experience has been that I will get the Dunning letter and a smattering of phone calls, send a DV letter, and never hear from them again.
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Feb 13, 2012 22:10
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FlyWhiteBoy posted:I was made aware of a hit on my credit report. I don't have an actual copy of the report myself, but I was given the name and phone number for the place. I've called them and their line is disconnected and I'm not able to find any other contact information. I assume they've closed up shop and are no longer in business. How do I go about getting this off my credit report? Should I get a copy of my report myself and contact the original creditor, as I have no idea who the original creditor is as of now. What is the recommended source for getting my credit report if I need to make that step? http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.shtm 1) Get your credit report (free annual credit report from each CRA) 2) Send the CRA(s) reporting the erroneous entry each a letter telling them that you dispute the entry. Sample letters are a Google search away.
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Feb 18, 2012 03:31
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kdc67 posted:Can I tell them to gently caress off now? Basically, yes. Did you request all communication be done in writing, not telephone? That should stop the calls, and I'm pretty sure any calls after this letter are a violation of the FDCPA. They are highly unlikely to sue you over $300, and depending on what state you live in, you should be drat close to the SOL on that anyway. Unless you want it off your credit report, in which case dispute it with the CRA and see what they do about it.
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Feb 23, 2012 15:49
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kdc67 posted:I did in the initial letter. This company and the one that wants the $644 actually haven't called me in over a year. I'm not worried about them suing me. The SOL in my state is 7 years, so this stuff wouldn't be removed until 2014. I'd rather have it off in case I need a new car or whatever. I did dispute with the CRAs. I initially just started this as a bit of a giggle to see if I could get anything removed. After getting the $15k off with really no effort, it's worth it to put even a little effort into getting the rest off. Send a letter to the CRA(s) disputing the entry for every conceivable reason. Not my debt, not licensed to collect in my state, whatever. Search around on Google for examples of letters that have a laundry list of things, and that should do the trick of getting it off.
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Feb 26, 2012 15:33
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I suggest you reread the first few pages of this thread since your question literally gets asked twice every page at least.
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Feb 27, 2012 00:21
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a rowdy mullet posted:I've read all 44 pages of this thread at least twice, but couldn't find the answer I was looking for so here goes: The process of removing negative trade lines from your credit reports is measured in months, so I'm not sure how quickly you can expect this to happen. The CA basically have 30 days to respond to your validation request, then you can start sending them letters informing that continued reporting without validation is a violation, and dispute with the CRAs to try getting it off through their end. If they're smart, they can check and see that your credit report has been accessed by some auto loan people and then they know they have you. You can try calling them again, and see if you can't get somebody on the phone that will agree to a PFD and have them MAIL YOU A LETTER agreeing to that, and then pay it with a cashier's check. You may have to settle instead, and it'll be on there as Paid or whatever. Midland is one of the shittier CAs, I believe. You may not have a lot of luck trying to be nice and settle/PFD. They are likelier to not be able to verify and you can get it off your credit report without spending any money, but that will take you time. That being said, if you have $5000 in the bank, why don't you just mosey over to AI and ask them to tell you what car you should buy, one for which you can afford to simply pay cash? Big Taint fucked around with this message at 05:30 on Mar 15, 2012 |
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Mar 15, 2012 05:26
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a rowdy mullet posted:Or would they just sell the remainder to another collection agency and gently caress me over? I've spoken to a couple reps there and they're just bullshitting me and saying they don't do PFD's Based on this CA's reputation and your experience with them, you have a challenge ahead of you. Officially, PFDs aren't allowed by the CRAs, so perhaps you can word it a little differently. Something along the lines of, "I don't think this debt is really mine but I'll pay you x dollars to make it go away." They can't really agree to an outright PFD, but if they aren't able to validate the debt (which is highly likely) then they can't report it legally anyway, and they still get their money. You could also probably get the same outcome without spending any money, and spending the money won't necessarily make this process go any faster, so my professional recommendation as a certified internet forum poster is to DV them, wait for them to not respond/respond with a bullshit form letter, and then dispute with the CRAs. If the CRAs verify the debt after the CA fails to, go nutcase and tell the CRA that continued reporting is a violation, etc. After I stopped paying my credit cards a couple years ago, and reading a lot about debt collection since then, it seems highly arbitrary whether you will end up with all the negative tradelines removed from your credit report or not. Some people are able to get all of it removed, even poo poo from OCs. Others get sued. I had well over $20k in credit card debt with three OCs that I stopped paying, and I got a lot of phone calls there for a while. Once the OCs got tired of me, I was getting Dunning letters every month. I was at USPS a lot filling out green cards. I think every CA in the state had my account at least once. After the first year, the Dunning letters slowed to a crawl, and now it's been months since anybody has bothered me about it. I haven't tried disputing anything with the CRAs, but I'm curious how many negatives I could get removed, even if they're legitimate? I might have a slight advantage in that I'm Big Taint the Third, could I convince the CRA that all those delinquent accounts belong to a different Big Taint, not me?
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Mar 16, 2012 07:21
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Oppenheimer posted:Is it okay for a debt collection agency to charge interest on a debt, and then use our payments to pay for the interest first, rather than the principal? That means we will never be able to pay it off, right? Isn't that how every loan works?
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Mar 16, 2012 21:22
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I'd start with sending DV letters to all of the negative accounts on your credit report. Make sure you state clearly that you don't believe the debt is yours, and are requesting validation or removal from your credit report. Give them 30 days, and see what they do. If they validate and it's legit, then start working with them (in writing) about a possible settlement. If they are seriously that old, you should be paying <50% of the original debt, disregarding their bullshit fees and interest. If they don't satisfactorily validate, then send them another letter telling them that continued reporting or collection attempts is a violation of the FDCPA and you would have the right to sue them. Also dispute them with the CRAs, try to get them off that way. Lastly, try to take it easy, many CAs are purposely trying to exploit you with fear and shame, you need to understand that you're not a bad person because you couldn't repay a debt. They are fuckers, don't let them get to you.
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Mar 25, 2012 14:31
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FWIW, I have about the same amount of unsecured debt as you, split evenly between three creditors, and it's been about fours years with no lawsuits. I did change my cell phone number, which stopped the calls, and I've been on top of responding to the dunning letters I get from the (increasingly infrequent) new DCs trying to shake money out of me. I think you're imagining that being sued is more imminent / worse than it is. Even if they sue you and win a judgement, you can still kill it with bankruptcy later. How long has it been since you last made a payment towards this debt? Every day that passes reduces the likelihood that you'll get sued, and increases the likelihood that the DC that does sue you won't have adequate proof that you owe, and it'll get dismissed. RE: the car, if it were me I'd throw that in the bankruptcy at the top of the drat list. It's probably your biggest debt, depending on how long you've owned it, which can't be that long if it's a mileage-sensitive lease combined with money you still owed on your old car. You can always get another car, post in AI and have them tell you to buy a Miata / old Volvo.
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Apr 18, 2013 01:35
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For what it's worth, I had a lot of luck disputing old accounts with credit bureaus. Even old OC stuff was removed. All were past statute and nearing expiration anyway.
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Feb 27, 2017 18:35
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Did you check all three bureaus? If it's not on any of your credit reports, gently caress 'em. Block the number on your phone, or start answering it and practice your Liam Neeson "I have a very particular set of skills" speech.
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Apr 20, 2017 04:09
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Keep hope alive, the odds they have enough of a paper trail to get a judgement if you show up to contest is pretty low.
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Jan 28, 2018 02:35
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Stop calling anyone. Send a Dunning letter with delivery confirmation to the collection agency and dispute it with the CRA.
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Feb 22, 2020 05:23
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FWIW after defaulting on some cards, having them written off and OCs selling the debt, and going through many collectors - since they have fallen off my reports every one of those companies has given me a new card. Except AmEx. Once a year I apply for one, and they send me a letter saying I can have a new card if I pay them half what I walked away from.
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Mar 16, 2021 02:48
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Zarin posted:I mean, me personally? Sure, I can be petty and vindictive. They are notorious for doing their own collections rather than selling the debt off, and when I sent them a Dunning letter on a lark they sent me a fat envelope with my original signed application and every statement they ever sent me. I was impressed. AmEx doesn’t gently caress around.
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Mar 16, 2021 20:03
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Dunning letter is the standard response to any new collector. You’re formally asking them to show that the debt is owed by you. You can also ask that they only communicate via mail. Since it sounds like some of these debts are still with the OC a Dunning letter is sort of pointless. I never tried to negotiate any settlements or pay-for-deletes so I don’t have any advice for that. Other people in the thread have had degrees of success.
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Mar 18, 2021 19:15
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marshalljim posted:A dunning letter is sent by a creditor to encourage a debtor to pay up. You're talking about a debt verification letter. You’re right, I should be saying dunning response.
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Mar 19, 2021 00:41
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Keep trying until you get somebody else who has a clue/ask for a supervisor? You might also try googling and see if anyone has written about experiences negotiating settlements with that bank, they all seem to do things a little differently.
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Mar 23, 2021 23:39
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Remember to only communicate in writing or record your phone calls (definitely disclose that you’re recording any calls). It’s easy to get somebody on the phone to agree to something and then ghost when it’s time to actually do it, and any agreement you make to pay on a loan re-ages it and resets the statute of limitations.
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Apr 11, 2021 20:12
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You could send them a ‘new phone who dis?’ letter or just ignore it. I would just ignore it.
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Aug 13, 2021 17:57
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They can’t try to collect without responding but they have unlimited time to respond. They could also sell it to somebody else.
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Oct 6, 2021 00:23
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GordonComstock posted:In my case, they’ve never verified with me. They called once, left no voicemail, I googled the number and saw it was a collection agency and connected it to an outstanding bill at my previous apartment. Eventually each credit bureau listed it, tanking my credit score. I sent a debt validation letter, they called and left a voicemail after they received the letter. Never once sent me a letter, or responded by mail to my validation letter. It has become time for you to contact an attorney.
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Oct 9, 2021 18:09
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There’s really no downside to disputing it with the CRA, but send a dunning response to the company first. Has she ever received any communication from the collectors? Their contact info should be on a credit report IIRC. Send them the standard dunning response and then dispute with CRA after 30 days. If you get no response but they keep reporting to the CRA that’s an FDCPA violation as I understand it. Best case is you never hear anything and the dispute removes it from the report. You will need to keep an eye out for it being resold and popping back up for a while.
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Dec 21, 2021 01:03
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It sounds like the debt went to collections, and they are the ones suing you? You have no prior dealings with the collections company? The burden is on them that you owe money, you don’t need to lie just claim ignorance. Have you sent them a dunning letter yet?
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Oct 17, 2022 15:49
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