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TnD B

I'll try to make this as brief as possible. Bought a computer in 2000. It went to collections after financial hardship, then charged off in 2001. Bounced through 3 different collection agencies over the cource of the next 3 yrs. We'd make payments arrangements and then my husband would get laid off. When we'd call back to make new arrangements, it was sold to another agency. Back to square one. From 2001 to 2004, there was no additional interest charged to the account. (charged off at $3100 in 2001) In 2005, Portfolio was granted ownership of this account. They proceeded to start charging interest a full 4 yrs after being originally charged off. We requested from every single collection agency - a complete and accurate account history. Yet no one can provide us wtih one. Now, the original debitor AND Portfolio are reporting on the exact same account. We have not paid on the account since 2004 frankly because the amounts weren't right. (charged off at 3100 - $1000 in payments would suggest a balance of 2100 owed. Yet they are saying we owe 3346.28)Oh He** No. Now, they are threatening legal action. YET, they still have not provided us with validation of the account. Any additional suggestions?

NOTE: we wouldn't be in this mess if the original debitor would have accepted payment over the phone from my wife. But they considered her a third party and refused to tell her how much to make the check for.

Posted: Thu May 17, 2007 4:33 pm Subject:

In which state was this account opened? Check the SOL to confirm if the CA has any chance to sue you. Since you did the last payment in 2004, there is good chance of SOL running out.

Get the debt validated by the collection agency. Send your letter CMRRR for proof with the specified dates. It is your right to know every information before you make a payment agreement. Keep disputing the items until they give you everything correctly.

Posted: Thu May 17, 2007 5:59 pm Subject:

In that letter demand a complete validation. How they are calculating the interest and other tacked on fees. A letter from them just stating an amount and the original creditor won't do. If they haven't provided vcalidation to you, they've no right to continue trying to collect.

TnD B · Posted: Sun May 27, 2007 6:38 am Subject:

It's here in PA. It was opened in PA. What bites my bubble is my wife had made all the payments on the account.(I don't write the checks, I earn the money) Then when we called to pay it, they quoted Mass. Third Party Law and refused to accept payment from her. (we don't live in Mass. EMCC was in Mass) Then we went through 3 different agencies, PRA being the 4th. It's changed hands so many time, we want a complete account validation. AND we've been refused every time it's been requested. STATING we are using delaying tactics.
We have refused to make any type of payment or arrangements on the account until we receive a full account history for the life of the loan. (the problem they'll have is - we were told each agency only received a partial history. So nobody has the full account history. I have all my records but when it's all said and done, this means this dam* computer will have cost us more than $7000 dollars.

Posted: Sun May 27, 2007 9:36 am Subject:

PA has a 4 year SOL. They are probably threatening legal action at this point because they know SOL is running out. DEMAND that they provide a complete accounting for all charges on the account. You can pick up some sample letters here on this site to send to them - be sure to send certified, return receipt.

Guest · Posted: Sun May 27, 2007 7:43 pm Subject:

hi--

at this point, I would follow just one course of action.

1--send the VA that now has your account a demand for falidation, sent by CMRR. In that demand for validation, be sure to state that they are required by federal law to provide it.

2--if they refuse again as the others have, then file a lawsuit. The longer you wait to do this, it will only invite more frustration for you. Besides, when you show proof that they refuse to follow federal law, your case is won and they cant do anything about it. Even better, if they keep racking up violations, the court may award you a large enough amount ot cancel the debt entirely.

Also, if this is on your credit reports, then you need to remember two things there too--first, you need to contact the credit bureau and inform them that you dispute the entry. If the CA cannot properly validate the debt, then they are required by law to remove it from your file. Second, notify the CA that if they reported or intend to report anything on your credit file that is not properly validated, that is another violation of federal law.

In my opinion, the only thing you will gain by continuing to wait is more frustration, well, that and watch them rack up more violations. Put the ball in their court. Dont be fooled by complaints that you are just "using stalling tactics", because this is federal law. Asking them to obey federal law is not ever a stalling tactic--if they were following the law to begin with, you wouldnt have to ask them to do it.

Posted: Sun May 27, 2007 8:01 pm Subject:

Guest made some good points. Heretohelp is right as well. In articles I've read, many debt buyers sift through their purchases and set aside accounts on which the SOL is about to have run for litigation (Asset Acceptance does this).

Pay Your Bills · Posted: Sun Jun 03, 2007 3:49 am Subject:

Rude Comments Deleted! Cajunbulldog

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