Hi!
I was hoping you could give me some advice.
I owe a debt to Avon of about $260 or so, and started receiving calls from Allied Data Corp with no voicemails left. I called them back and told them I couldn't pay, but if I changed my mind or found the funds, I would call them back and make arrangements.
I finally agreed I would, so I called them and created payment arrangements. I gave them my bank acct info and that was that. When I looked at my budget again and found out how much financial aid I was actually going to get, I realized I couldn't afford it and go to school (my budget is pretty tight as it is).
I called back and cancelled the entire thing and they said they would mark my file as a "Refusal to Pay" status and I say fine.
That weekend, I received a voicemail from the manager saying I needed to call back regarding the payment arrangements I made. I figured she was talking about my canceling the entire thing, so I didn't bother.
That following Tuesday, I realized they tried to go into my bank acct and take out another "check" with the next number following the one I originally gave! I was furious that they would do this without my authorization! I called my bank who suggested I close that acct and open a new one.
I hung up with them and called Allied Data, which was like returning their call from the past weekend. I spoke with the manager and it was like I never called to cancel at all! I said, "Wait a minute, I called last week to cancel all of this, as I couldn't make the payments." She then began interrupting me continuously and threatened to send me to the Check Fraud Division of my county and hung up.
I called back again and she just said, "Sally, if you keep calling me, I'm going to call 911 and report you for harassment." I said, "I'm just returning your call and you hung up on me." She said "Goodbye." and hung up.
I called again, and the same thing.
I don't know what to do! I am starting to get frightened of them taking me to court. Isn't this fraud or breaking the law? I live in Texas and did not authorize that second check. Please help! I appreciate any advice.
Good morning. How do I ask you questions about my HSBC debt and the Texas law firm that says that HSBC has given my debt to them? When I asked if HSBC would acknowledge them as "collectors" they said HSBC would not. I have no idea if any money I give this law firm will get to HSBC and/or that HSBC will accept terms I arrange with the law firm. Please help.
Hi GoldenBast,I guess you can help me with my dealings with LVNV. I sent 2 DV letters to LVNV (Resurgent Capital), one on Feb 16th 2009 and second on Mar 16th 2009 (Certified) .1) For first letter response they sent me a plain validation letter with original creditor name/acoount and balance and nothing else.2) For my second letter, today I received a letter from Richard J Boudreau Attorney at law, stating that lvnv is their client and the account has been assigned to this firm, and I should make payments to this firm.Can you please give me some advice inorder to resort the issues, coz I read in the forum, that they have violated the rules by selling it to the law firm,after 30 days and not replying with a proper validation.
Hi goldenbast. I was hoping you could answer a question for me. You said,"Don't turn down your discovery! USE it..demand to see strict proof. Anything that is hearsay...object to it." Is it still important to demand evidence of strict proof, even if I know plaintiff won't have it at trial? I have a pre-trial conference Monday. In my court room rules you have to ask for a pre-trial conference in order to request discovery. Also, my court room rules say that if you send a disclosure statement (this is a list of all witnesses and copies of all documents that are planned to be used at trial.) to the opposing party, they must send you the same within 20 days. I recieved the disclosure statement back from the plaintiff and there arn't any documents in there showing that I agreed to signed or even open the account. I am having trouble deciding whether or not I need to demand strick proof. I guess it couldn't hurt though because I know that they won't be able to come up with it anyway right?Thanks for answering, your opinion counts to me.
Hi,i am wondering can I ask you some urgent questions Via email? i just got a judgment from LVNV by default that i did not answer the summon within 30 days from served date. I am in CA and by CA law the SOL was expired after 4 years. What I need to do?v/r,hopefordebtfree.albertdphan@yahoo.com
hi goldenbast,I just started to read how to deal with my debt thru the community, and your blog is so useful to me, therefore i am writing this message to you to say "Thanks" and also need your assistant to face with Pinnacle and LVNV and a bunch of other CAs. Thanks
Just read this post regarding proof of sol. What kind of documentation qualifies? I recently obtained a copy of my credit report that shows the date of first delinquency, will this work? Thanks, David
GB the first debt validation letter I sent in January is it kind of null and void? RAM said something about sending a hardship letter, about why I got behind-what do you think about that?
Hi - Yesterday I received my first notice from the above CA...with 3 different names? Anyway, I was short on a pay-off ($200 keying error, my fault), never rcvd a phone call from the cc company... but, that's my fault, I thought about it several times on how I didn't get a notice saying the account was PIF. Never did anything about it. Now this place is saying that I owe $850 and that charges are accruing daily and if I dispute, I'll have to pay the balance, which by then would be closer to $1000! (This is what the rep told me.) He also said that if I dispute, that they will not work with me on a settlement. I am not trying to get out of paying, but $850 for a $200 bill? That just seems like a ton of interest and fees (over the span of 8 months). Any advice I can get would be much appreciated as I've never dealt with CA before. I'd happily pay the $200, I'd even settle for $300 just to get this resolved. Thank you!
hello,just wanted to say thanks.i think george costanza is responsible.he might be a pdl employee,just started posting on wedsnday.ain't that peculiar?anyway thanks,i appreciate it.
I was reading your post about people wanting you to help them with credit repair. In addition to FDCPA and FCRA, you really need to be very familiar with CROA (Credit Repair Organizations Act) because I believe you would be considered a CRO and your activities would be regulated under CROA. Not acting by the letter of this law could spell big trouble. There may also be state laws and requirements, so you should check to see if there are any.
it is something you motion for in court..its would take too long to explain in detail, but if you search for it you should find everything you need to know about it.as a simple answer: You force them to produce validating documents.
Hello. I have noticed that in your posts you recite quite a bit of law and others bits of information. I was wondering if you could point me to a webite or tell me what my rights are under North Dakota law? What is the SOL? Do they HAVE to verify debts? Thanks a tonKetih
I've already gotten validation from one of them and I remember what happend with th is one and why I forgot. I had thought I paid it 2 years ago is why but I didn't because I had to close my bank account. These companies are all Texas based I had 3 medical and 2 other non-revolving accounts. The 3 medical ones strike me as weird because the only time I can remember having service done is when we had free medical care through the Army.
I am down to just 6 things left on my credit report. I started out with around 13 last year. These 6 things that are left are somehting that I honestly don't remeber if they are mine or not. The years just doesn't match up to what creditor they are saying it's from. These are all agencies in Texas as well, very small collection agencies. I've send a dispute/validation letter to the by fax and I called each to make sure it was recieved and it was.
what re the statues of limitations and should i sen payments before i ask for the the debt validation letter? i live in alabama but will be moving to texas soon.
By signing up for counseling session, your provided details (Name, Email ID and Phone No.) will be forwarded to the company advertising on the DebtCC. However, you have no obligation to use their services.
Some creditors and collection agencies refuse to lower the pay off amount, interest rate, and fees owed by the consumer.
Creditors/collection agencies can make collection calls and file lawsuits against the consumers represented by the debt relief companies.
Debt relief services may have a negative impact on the consumer's creditworthiness and his overall debt amount may increase due to the accumulation of extra fees.
The amount which the consumer saves with the use of debt relief services can be regarded as taxable income.