Internet's first get-out-of-debt community - 128,000 members

Posted: Wed May 07, 2008 6:51 am Subject: reply

do you have the green receipt from the DV letter.if so they can't continue collection activity and that includes legal action until validated.that means they have to obtain something from the original creditor being capitol one.if not you can take action against them.there letter is not validation.they pulled this with me too.get out follow up letters stating that.same way certified mail return receipt.do not back down we can help you and advise every step of the way.keep us posted.

Posted: Wed May 07, 2008 7:11 am Subject:

thank you so much, paul - i appreciate your insight on this company more than you know.. yes, I do have the green reciept and am gaurding it with my life Smile

As I have said, I have to go to the post office to mail a DV letter to arrowhead, I am seriously going to just send them a follow-up, as well. I know usually people advise to wait for them to respond but I honestly think this company is going to need to be pushed a bit (I don't mind waiting for ER Solutions, for example..).
I will not back down - like I said, it's tempting but I won't do it. I am sick of doing things the easy way (that's how i got into debt in the first place!!)
I appreciate all help, advice, insight from everyone.

Posted: Wed May 07, 2008 7:16 am Subject: reply

glad to help,keep us posted. Very Happy

Posted: Wed May 07, 2008 9:13 pm Subject:

Hello, hello - as I have said before I am coming to you guys whenver someone tries to contact me! So here I am..
I had a former thread about ER Solutions - I don't want to bother people with two threads in my name, so I will mention it here. Er solutions has been collecting for me since maybe Dec. They're the ones who had the habit of calling my mother's house! I made two, maybe three payments with them but was getting frustrated since they kept calling her house. I sent them a DV Letter as well as a C & D letter. Well, tonight when i was at my second job, I got a voice message from them. At least it was on the right phone, heh. The woman had a very thick accent and was hard to understand but it was def. them. i sent the letters last week when I sent out the letters to Nelson Watson. Maybe I should have paid ER SOlutions another payment while I waited for them to get the letters? I know I owe Orchard Bank Mastercard but they kept telling me I wasn't paying enough to cover the late fees as well as calling my mother so I was confused and frustrated since they kept calling her. They didn't threaten legal action but it does stress me out as all of my debt does. My question is: what should I do about them now? They recieved my letters but did not send back the green card.. I have the tracking info on usps's website though so I know for a fact they got it.. plus I sent a C & D letter and here they are calling me! Any advice on this or anything else in this thread? Thanks in advance - you're the best!

Posted: Thu May 08, 2008 5:44 am Subject:

Hi bea! To be clear, you paid ER solutions 2-3 payments, then sent them a DV letter??

Does anyone know if paying a CA is admitting that you owe the debt and do you still have the right to debt validation?

Posted: Thu May 08, 2008 5:49 am Subject:

You still have the right to dispute it with collector & credit bureaus under federal laws although quite a few states will see payment as a admission that debt is yours.

Posted: Thu May 08, 2008 5:55 am Subject:

does anyone know about NJ? I only sent the DV letter because they kept talking about late fees being really high.. should I just send them a payment? I never once recieved anything in writing from them. Never, ever. I never had a break down of what was owed neither - Should I call them back?

Posted: Thu May 08, 2008 6:12 am Subject:

ok, i was rereading my ER Solutions post (making sure I did everything correctly). I did make payments, mostly to stop them from calling my mother. (I thought I made this clear in my former post where I was advised to send out the DV letter?)
I did not know my rights when they first contacted me and was scared. :/ I could kick myself as they were willing to accept $25 at the end of April (something I'd kill Nelson, Watson to accept..). I was just getting scared because they kept calling and saying my payments weren't getting anywhere with the late fees adding up. They offered some pretty nice settlements, but there was no way I could afford them.
Thanks so much to everyone here - I am so so so grateful for your help and advice. I just want to do everything right and legal and to not make things worse. Did I mess something up?

Posted: Thu May 08, 2008 8:15 am Subject:

Ok, I tried to research this on my own so I can stop bothering you nice people but have found nothing. Could I validate a debt after making payments? In my ER thread, I explained that I did pay before (I apologize if I didn't, but I went back and looked and thought that was clear?). I was so confused though because they kept saying my $25 a month payments weren't going anywhere because of late fees. They also kept calling my mother's phone, dispite that I told them I can't be reached at that number. Also, they never sent back the green card - I did send them both a DV letter, as well as a separate C & D letter (yet they still called after recieving the C & D letter certified!).
I really don't know how to handle ER SOultions - they stress me out less than Nelson, Watson yet I really would like a break down of what i owe (For example, how it doubled from the credit limit in less than a year). I am mad at myself for paying first and to be honest, mad at myself for missing a payment now because I do not want to make things worse. That said, I never once recieved anything in writing.. will they say they sent something and I waited 30 days or something? Is this too late? Should I start calling them and making arrangements? Did I do something wrong? I just want to make this right.

Posted: Thu May 08, 2008 8:21 am Subject:

I already posted in your other topic. I feel you have the right to request validation pertaining to the history of the account to see what total balance,interest,and fees come to. The down side I posted is by making payments on a debt,some courts have rules you admit to oweing it and in some states you also reset the sol for civil action by making payments.

Posted: Thu May 08, 2008 8:25 am Subject:

cajunbulldog - I know you posted and i really appreciate your help. I just let this stuff get to me, that's all. I am trying to remain calm but it's hard. Everyone here always gives me the best advice and is so nice. Smile

I wish I found this board a year or two ago because I made so many mistakes out of fear for these people. That's why i try to come here before contacting them and doing something to make it worse. Smile

Is there anything I should do at this point? Should I resend the C & D letter and ask for my payment history and a written arrangement for payments? I liked paying $25 a month (in the past, I paid $25 once and $75 once.. there might have been another payment, I'm looking into it - I just don't see what good it was doing if it was only going towards late fees..)

Posted: Thu May 08, 2008 8:36 am Subject:

Send a regular dv letter to validate and stay off phone. If they are willing to prove debt,then you can always request settlement offers be made in writing.

Posted: Thu May 08, 2008 8:51 am Subject:

Thanks again for responding.. so I should send a second DV/ C& D? Should I mention this is my second request? They never sent the green card back but maybe I could print out the usps's tracking page? It's the phone calls that bother me since i kinda went through this with them before.
I would love to still work with them, though I will not pay them by electronic check anymore... Also though I have been told I get charged $75 late every month, I am pretty sure I get charged $30 - even so my $25 a month isn't getting me anywhere.. that's why I want the breakdown so I can see what I need to give these people.. I also do not appreciate them calling my mother or even me as I did send the C & D.
another question - i can still log into my account's webpage. It says my account is closed but does show payments made (i made payments through this company - but ER Solutions did charge me a $5 processing fee). Could I make these payments through the original Mastercard webpage? I really think ER Soultions is shady..

EDIT: I recieved the green card today - so I def have proof i have proof that they recieved my C & D letter before they called me.. this also means they recieved my DV letter. So should I def resend and say it's second notice? I hate to be such a pest, I just keep making mistakes and am learning stuff the hard way and just want to do this right..

Posted: Thu May 08, 2008 1:18 pm Subject:

Ok need some help here... I have an old Capital One credit card saying I owe about $800. The collection agency has been calling and calling, but they call durning the day when I am at work. I have now gotten a summons from court, my question is can I still ask for a debt valadation letter and a break down of the $800 in charges. Or did my right of the dv go away when they first sent me the collection letter giving me the right to ask for it then.

Posted: Thu May 08, 2008 1:23 pm Subject:

mccorda - Just curious, what agency is this? i'm sure someone will be around to help you.. i'm still trying to figure out what to do and feel pretty helpless myself..

Posted: Thu May 08, 2008 1:35 pm Subject:

No problem, the collection agency is Bowman, Heintz, Boscia & Vician, they seem to be out of Indiana and Illinois. They have been calling for a couple of months and like I said they call while I am at work. I just got the summons tuesday and with all the info I found out with pdl's I now want to have the debt valadated along with the break down of charges, because I am willing to bet over 1/2 of it is late charges and over credit limit fees and interest.

*Name:
*Email:
*Phone:
*Zip:
Debt

	* denotes required field

Internet's first get-out-of-debt community - 128,000 members

Capital one to sue me??

Members Area

Free Debt Counseling

Ask the community

Community Photos

Featured Discussions

Featured Articles

Question of the Month

Also See

Recent Forum Discussions

Recent Blog Post