What to do when you are contacted by a debt collector

Post New Thread
Posts: 1,754
Credits: 16,470


Send message to sdchargers_63
Sub: #65
Replied on 04-14-2008, 03:06 AM
Reply With Quote

I've had CA's/ debt collectors call and I have asked for OFFICIAL names and phone numbers to call back, if need be. SOME of them have told me "they aren't obligated to give phone numbers, etc.". They say they will call ME back. If I ask questions, they 'beat around the bush' with them, etc. Very frustrating to deal with, at times.


Moderator

Posts: 2,937
Credits: 18,877


Send message to JCEMT
Sub: #66
Replied on 04-14-2008, 04:37 AM
Reply With Quote

That falls under meaningful disclosure, failure to do so is a violation of the fdcpa.


Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #67
Replied on 04-15-2008, 11:15 AM
Reply With Quote

--What to do when you are contacted by a debt collector--

You drop the attitude and get your checkbook and pay your debts like decent people do. You'll learn your lesson for sure after you lose in court and your wages are garnished, and your bank account and assets are attached. You can pay me now or a lot more later. You make the choice.




Posts: 13,404
Credits: 95,097


Send message to paulmergel
Sub: #68 reply
Replied on 04-15-2008, 11:16 AM
Reply With Quote

as usual NNC,is wrong.

Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #69 What to do if contacted by a debt collector
Replied on 10-03-2008, 10:53 AM
Reply With Quote

Some vultures acquire or purchase debt for pennies on the dollar and then turn around and sue you for the full amount. You have every right to question the debt unlike the attitude displayed by "No Nonsense Collector." And her telling the poster to "lose the attitude" is like a case of the pot calling the kettle black. Suppose the debt isn't YOURS? Or, suppose you had credit card insurance to cover payment of the debt when you were unable to? Are you to merely just take out your checkbook and write out a check carte blanche to the vultures? I think not. You have certain rights - including the Statute of Limitations which you should verify for your particular state. Secondly, you have the Fair Debt Collection Practices Act (fdcpa) which you should consult and follow to the letter. To do nothing opens you up to whatever the vultures want to pick at. If you are wrong and owe the debt, ask for it go to mediation in court. Explain what you can afford to pay and what you cannot. A lot of times, old debts are settled for 1/3 to 1/2 of the original amount. But don't just take out your checkbook and write away your hard-earned money. Demand proof that you incurred the debt and proof of the last activity (last payment made or charge made) to the account so that you can check it against the Statute of Limitations for your state. Good luck. And don't rack up additional debt you can't afford in the future. Twice bitten.........a lesson learned.




Posts: 4,687
Credits: 30,400


Send message to NASCAR_Devil
Sub: #70
Replied on 10-03-2008, 11:19 AM
Reply With Quote

This thread is 5 months old. I doubt no nonsense will see your post

Posts: 11
Credits: 347


Send message to cidister
Sub: #71
Replied on 10-05-2008, 04:08 AM
Reply With Quote

I've been contacted by a CA for an old debt twice recently. The reason I didn't want to do cease and desist because I still want to come up with a payment for delete settlement. However, it's getting annoying/frustrating. I have couple questions below:

I told them that I've sent a registered mail for a payment for delete settlement letter a long time ago. I never heard anything back. They said they never received my letter. They lied because the mail is registered.

The CA told me that if I don't pay my debt, it will appear in my credit report "forever". This is wrong and I know for sure this is wrong because depending on the record type, it will be deleted after a period of time vary from 5-10 years, correct?

The CA said that they can't do payment for delete, because deleting the collection record in my credit report is illegal and fraud. This is also wrong since lots of people in this forum were able to settle with payment for delete. Again, they lied, correct?

In summary, can I do anything about them lying to me? The first time they called, I argued back on the phone. The second time they called, I hung up after I caught them lying. I get very upset everytime I got off the phone with them. Though I really want to settle this debt, I wouldn't budge if they continued to give me the same attitude.

Should I write to them proving them lying to me and violating the fdcpa?




Posts: 13,404
Credits: 95,097


Send message to paulmergel
Sub: #72 reply
Replied on 10-05-2008, 04:15 AM
Reply With Quote

first welcome to the forum,second you should check your state laws in the case of recording calls.everything is conjecture without some form of proof.you said registered mail,is thatthe same as certified mail?still this sounds like a bottomfeeder.best to check those laws and resend the letter certifed mail return receipt.that green slip is your proof.again welcome and wecan help you here.

Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #73
Replied on 10-05-2008, 04:22 AM
Reply With Quote

Who is the CA/JDB? How old is the debt? The SOL may have expired on the debt already. THEY ALL LIE!! Don't trust them. Send them a DV letter along with a partial C&D and see what happens.




Posts: 4,687
Credits: 30,400


Send message to NASCAR_Devil
Sub: #74
Replied on 10-05-2008, 04:28 PM
Reply With Quote

Quote:
deleted after a period of time vary from 5-10 years, correct?
Reporting limit is 7.5 years from DOFD (Date of First Default - when you missed the first payment and never again brought the account current). Judgements and tax leins can appear longer.

Quote:
The CA said that they can't do payment for delete, because deleting the collection record in my credit report is illegal and fraud.
Most data furnishers by contract with the CRA's agree not to delete factual historical credit information. There are ways around this though. Non Disclosure agreements - they agree not to verify a dispute with the CRA's, resulting in a deletion due to no response. You have to word these correctly in order for them to be effective. Something like " Revealing the terms of this settlement to any agency, including the Credit Reporting Agencies , ie TU, EX and EQ, will make the violating party subject to a civil penalty of $10,000....or something like that.

As far as recourse for them lying...CA's lie as a standard practice of doing business. If you can get it on tape, then you might have some leverage to force them to agree to a PFD. If you can get them on some really eggregious violations, then you might have enough to sue them for fdcpa violations but with a $1000 max per action, it may not be worth the time and effort.

Posts: 11
Credits: 347


Send message to cidister
Sub: #75
Replied on 10-06-2008, 10:16 AM
Reply With Quote

Thanks so much paulmergel, nascardevil and a guest.

paulmergel, I will send them a certified mail again to prove that they did receive my letter the next time they call.

The guest (hope you'll come back) The CA is MCM (Midland Credit Managment). The first date of delinquency is 12/2004, so the debt is almost 4 years old. I know this debt is valid, should I still send them a DV letter? What is partial C&D?

nascardevil, thanks for giving me the correct info reg. the reporting date. With their permission, I will record the conversation next time they call. Also thanks for pointing out that I can reword my agreement letter. I will definitely do that before sending out another letter to them. I guess I can tell them to agree on a non-Disclosure agreement instead. This way I can dispute with the reporting bureaus and MCM will agree not verify my dispute, right?

Thanks so much! I've been working hard on cleaning up my credit report and this forum helps so much! I never knew about student loan rehabilitation 'til I check out the guides/poss here. Thanks all! Please do let me know if there's anything else I can do!

Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #76
Replied on 10-07-2008, 01:47 AM
Reply With Quote

MCM are lowlife scumbags, check them out on budhibbs.com.

Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #77 Refused to give address
Replied on 07-29-2009, 12:16 PM
Reply With Quote

I asked for address of DC and they refused. Said they do not do things that way. Can they do that? I wanted to send money orders to them for payment and not give them any banking information. Do I have to do it their way or can I send them the money if I get their address. (Which I did on the web).




Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 06:50 AM.






* Disclosures:
  • 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.
Page loaded in 0.084 seconds.