Internet's first get-out-of-debt community - 123,000 members

Posted: Wed Jan 31, 2007 12:50 pm Subject: now I need help...

Ok..A few months back, I was contacted by a CA regarding a credit card I had years ago..It was before I was even married. It was re-aged..sent from CA to CA...I have a good credit score, and this thing never even showed up on my credit reports.

Anyway, when I got the call a few months ago, I told them I would need their address, because I needed to validate the debt. I said I wasn't refusing to pay, but I needed proof. They hung up on me. A few weeks after that I got another call. Once again I asked for their addy. This time they gave it to me. I sent the validation letter, kept the proof that they got it..Never heard back. To be safe I sent ANOTHER letter, and kept the proof. Still never heard back. I figured I would never hear anything again from then.

Then yesterday I got messages on my cell and my home phone telling me that if I didn't call them by 3pm yesterday they would take things to the full extent of the law because I was intending to defraud them. They were very rude, threatening messages.

So my question is..What do I do? I know that if they sue me the messages are enough to get it kicked out of court. I want to pay what I owe, but they won't validate it. My husband says DO NOT call them back, but I really want to tell them where I stand, and that I know they violated a whole bunch of rules.
What should I do??

Posted: Wed Jan 31, 2007 12:54 pm Subject:

first change cellphone numbers, get them calling just the homephone, record everything........do believe in Florida, one persons consent is needed only but double check that.

Whats the company name by the way? I'm running several through a good source.

Wink

Posted: Wed Jan 31, 2007 12:58 pm Subject:

lol, I'm in Michigan, and yep, consent is needed here..

the company is NRC recovery.

Posted: Wed Jan 31, 2007 1:00 pm Subject:

I'd actually welcome the opportunity to face off with them in court. If they aren't going to validate the debt, which is a clear violation of the FDCPA, and they've left messages threatening you, what else can you do? I'd be willing to bet there is someone that would love to represent you in this matter.

Admittedly, I'm confrontational by nature. I WANT a good fight. You clearly have your ducks in a row - stick it to them! I'd write them another letter outlining the chronology of events, note the voice message they left, and with regard to "the full extent of the law" comment, tell them to pursue and you'll see them in court.

Posted: Wed Jan 31, 2007 1:06 pm Subject:

I hear you..I want a really good fight. I want to call this stupid man and read the part of the FDCPA that says a collector can't make threats.

I want to play, but I don't want to go to their field and play.

Posted: Wed Jan 31, 2007 1:13 pm Subject:

Posted: Wed Jan 31, 2007 1:15 pm Subject:

Keep a note of everything like you are doing now. You are an informed consumer, aware of the laws. Given a chance, you need to prove it in the court.

You are safe as long as the CA is not reporting derogative remark in your credit report. They are legally not allowed to touch your file without legit information. If they have any rights, there should be no problems for them to validate the account. Monitor your credit copy regularly in case there is any suspicious activity by the CA and file a class action lawsuit. The company will be asked by the court to compensate for the damages.

Posted: Wed Jan 31, 2007 1:15 pm Subject:

atta girl fins! git 'em on your home turf? Then put it to them.......don't settle for a second place trophy! Go in, knock 'em down hard on their butts and go, take them out for good, send the whole bunch to jail if you can.

Wink

Posted: Wed Jan 31, 2007 1:16 pm Subject:

Yep, this happened right after I moved here from Florida, 11 years ago. I'm going to check on their licensing info. Ironically, their report with the BBB is not TOO bad. Am I correct in thinking that the ball is in my court because of the messages?

Posted: Wed Jan 31, 2007 1:18 pm Subject:

So should I call him? Twisted Evil

Posted: Wed Jan 31, 2007 1:28 pm Subject:

Posted: Wed Jan 31, 2007 1:32 pm Subject:

In case you decide to call, the communication will be faster than writing letters. Keep your recording device ready. Check your state law also if it asks for consent of both parties. As long as they can't prove you about the debt, shoot them with your legal rights.

Posted: Wed Jan 31, 2007 1:52 pm Subject:

the only time i can think of that the consent may not apply is when threats are being made, no matter the nature and causing you *duress*. Throw 'em a real curveball, inform him your recording your conversations because you are concerned for your personal safety & his actions/language/tone of voice make you think he might be *stalking* you.

Still get that cellphone numbre changed because now, it's gonna be made public. I'll bet A dollar on it!

Wink

Posted: Wed Jan 31, 2007 2:15 pm Subject:

If that F**k head makes my number public I will sue his ass and have his job.

I'm thinking maybe I could be afraid for my safety, yes... Laughing

Posted: Wed Jan 31, 2007 2:20 pm Subject:

Find out what the SOL is in your state. If this debt is 11 years old, it is highly likely that they will not be able to do anything legally to you. I would write a letter and let them know that you know the debt is out of SOL and any further communication will be considered harassment and will be dealt with legally, cc the BBB and FTC. They will go away quickly.

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