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 Posted: Fri Apr 25, 2008 5:54 am Subject: ER SOLUTIONS (I need help really badly..) |
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Hello, I normally post in the payday loan foroum but because of the help i'm getting there, i can now afford to take care of other debt. Right now I owe three credit cards and Hollywood Video. I owe Hollywood Video at least $1,000.00 and the credit cards only had $300 or so credit lines but I'm sure they are up to at least $500 right now.
My main problem is ER Solutions - they keep calling my mother. It is so upsetting, one time she even pretended she is me because she is that meddling (she has good intentions but I am an adult!) I told them they talked to her and I cannot be reached at her number.. they apologized but still call that number. I've been paying them for the last several months - they keep making settlement offers. Good offers but out of my range. Every moth I get charged $75 in late fees and can't even afford to pay that a month! another problem is that they want to do an electronic check and my account's blocked due to the payday loans and I never want to give anyone my bank info again EVER. I am not sure if they will work with me.
Is there anything I should put in writing for them? THey are for HSBC Credit Card. I'd prefer everything to be in writing, can I do this? It is a legal debt but should i request a debt validation letter so I know how much I owe? Please help, I really want to take care of these debts. I am so so scared of being taken to court and I really want to make things right. That said, I am living on a very tight budget - two jobs and still barely making ends meet.
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bea2ls
Joined: 27 Mar 2008
Posts: 642
Debtcc Points: 5237
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| Posted: Fri Apr 25, 2008 6:04 am Subject: |
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If I do send a validation letter, could I email it? I have no idea what their email is? If I call them back, what do I tell them?
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bea2ls
Joined: 27 Mar 2008
Posts: 642
Debtcc Points: 5237
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| Posted: Fri Apr 25, 2008 6:08 am Subject: reply |
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send the letters certified mail return receipt.
that way when they sign the green slip,if they
continue to call her you can take action for
FDCPA violations.once they talk to you they
shouldn't call anybody else.
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paulmergel
Debt Samaritan
Joined: 24 Jun 2007
Posts: 2807
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| Posted: Fri Apr 25, 2008 6:13 am Subject: |
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Ok, thanks - will do! I am going to call them just to hold them at bay.. what should I do about the payment thing? I want to make good - should I wait to pay until they recieve my letter before paying anything? I know they want a payment by the end of this month.. But there's NO WAY I would ever let them take anything else out of my account! I reasearched them here and many people referred to them as bottom feeders - even their webpage makes me sick.. the way they talk about handling debtors, I don't know.
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bea2ls
Joined: 27 Mar 2008
Posts: 642
Debtcc Points: 5237
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| Posted: Fri Apr 25, 2008 6:16 am Subject: reply |
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i would cut off acces to whatever account they
had.pay money order,but wait till they get the
letters and you receive the green slip showing
proof they got it.then proceed.you are right
about them,they are horrible,to say the least.
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paulmergel
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Joined: 24 Jun 2007
Posts: 2807
Debtcc Points: 10393
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| Posted: Fri Apr 25, 2008 6:22 am Subject: |
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Yes, I have cut off access to the bank account - it was the same account my payday loans were on so it's on a hard block and will be closed out when I open a new account (still scared to do that, but that's another post and foroum!!) Are you saying I shouldn't pay until they reiceve this letter? Should I call them just to stop their calls?
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bea2ls
Joined: 27 Mar 2008
Posts: 642
Debtcc Points: 5237
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| Posted: Fri Apr 25, 2008 6:25 am Subject: reply |
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you should make payments,since you already
cut off access and are paying.in would file
a C&D letter.they are calling someone they
shouldn't.that has to stop asap.
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paulmergel
Debt Samaritan
Joined: 24 Jun 2007
Posts: 2807
Debtcc Points: 10393
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| Posted: Fri Apr 25, 2008 6:27 am Subject: |
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Ok, I know they will give me a hard time about paying by money order but I do not have an account so what can they do?? I can only afford a small payment but and the C & D letter with the payment? Or do all three separate?
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bea2ls
Joined: 27 Mar 2008
Posts: 642
Debtcc Points: 5237
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| Posted: Fri Apr 25, 2008 6:33 am Subject: |
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Bea, they may be a bit more responsive to payment by pre paid debit card. for some reason , some of the pdls like that method of payment.
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kashzan
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| Posted: Fri Apr 25, 2008 6:36 am Subject: |
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Ok, that sounds ok - I just don't want them to have access to the new account I was going to open this weekend.. I do want to pay them, of course. I plan on a small payment to keep them at bay and to stop the calls. I will get the letters out (not just to them but also to Hollywood Video because I am pretty sure these debts are kind of old.. an ex-boyfriend blew up my account there and I stopped seeing him in 2005 so I assume some of these might be from 2003?) I am so stressed because I know these small payments are not getting anywhere, will they work with me on a payment plan? They keep talking settlement - they were down to a 50% settlement, but I just can't afford that..
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bea2ls
Joined: 27 Mar 2008
Posts: 642
Debtcc Points: 5237
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| Posted: Fri Apr 25, 2008 7:22 am Subject: |
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I tried to call them to tell them I will be making a small payment by the end of the month - I called five times and kept leaving messages. It's funny how they are quick to call my family's phone but I cannot even reach them myself!
I plan on sending the letters tommorow morning as I will not make it to the post office in time tonight. I will send a C & D and a DV. Is this correct? I am probably going to get a pre-paid card this weekend, too. Where do I get those btw? I hope they can wait another week - I am looking into debt consolidation as these little payments are going nowhere and I really would like to be debt free or at least closer to it. I hate the stress of these hanging over me.. I am dealing with payday loans, so that burden has been lifted but these legal ones scare me because I cannot afford to get my wages garnished..
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bea2ls
Joined: 27 Mar 2008
Posts: 642
Debtcc Points: 5237
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| Posted: Fri Apr 25, 2008 8:31 am Subject: |
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Ok, so I have talked to them - finanlly! I told them to stop calling my mother, she said they will but they do get a list of relative's number to reach me by. How does that even make sense?? They have the number to reach me at! But I told her I will get a prepaid card and make a small payment next week. She said to call back on Monday. I think as long as I keep in touch, I should be ok. (I should be, you never know with companies like this!!) Where do I get these prepaid cards? Even the lady I spoke with said they were the best way to pay, lol. I hope this works, I am sick of stress. I don't work at all this weekend and wanted to just enjoy myself and relax for the first time in over a month!
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bea2ls
Joined: 27 Mar 2008
Posts: 642
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| Posted: Fri Apr 25, 2008 8:40 am Subject: reply |
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get those letters out asap.these people are incredible.when they get those letters if they call at all much less someone else you can seek damages for FDCPA violations.
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paulmergel
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Joined: 24 Jun 2007
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| Posted: Fri Apr 25, 2008 8:52 am Subject: |
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Yes, I am getting those out asap! I don't think I can make it to the post office tonight, as I work two jobs but def tommorow! (I have to go during their hours so I can send it certified and all that) They do make me sick, they don't see anything wrong with calling someone else! Should I send the letters together or one at a time? Both will be sent this weekend!
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bea2ls
Joined: 27 Mar 2008
Posts: 642
Debtcc Points: 5237
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| Posted: Fri Apr 25, 2008 8:54 am Subject: |
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In fact, I just got a call from my mother - when I got disconnected from speaking with this lady, she called my mother again! These people are horrible! I called them up to tell them one more time to remove that number - of course it was not removed though. These letters are getting sent asap! They see no problem with this. I was getting so frustrated and kinda loud with them. I hope that doesn't hurt my case, I just don't know what to do about these people! Any advice? I really don't know why they can
t drop this...
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bea2ls
Joined: 27 Mar 2008
Posts: 642
Debtcc Points: 5237
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| Posted: Fri Apr 25, 2008 9:14 am Subject: |
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Is this ok? Would I still need a C & D letter, since this also touches on it? The C & D letter I saw here mentioned only working with the original creditors - when I tried to contact HSBC directly, they told me I had to work with ER Solutions..
ER Solutions - Houston
3120 Hayes Rd. Suite 200 Houston, TX 77082
800-934-1240
Re: HSBC Acct
To Whom It May Concern:
This letter is being sent to you in response to a phone call. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declartion, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS (which is..
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Also, I have told you in the past to never call ######## as that is my parent's phone. I know you have spoken about my debt with my mother in the past, and still continue to call even though you do know it is her who answers, not me. I also cannot make payments via electronic check anymore as my account has been closed. Understand that I do want to pay this debt off.
Best Regards,
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bea2ls
Joined: 27 Mar 2008
Posts: 642
Debtcc Points: 5237
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