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cajunbulldog
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Joined: 20 Dec 2006
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 Posted: Thu May 08, 2008 8:51 am |
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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..
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bea2ls
Joined: 27 Mar 2008
Posts: 341
Debtcc Points: 3326
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| Posted: Thu May 08, 2008 1:18 pm |
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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.
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mccorda
Joined: 24 Mar 2008
Posts: 28
Debtcc Points: 583
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| Posted: Thu May 08, 2008 1:23 pm |
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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..
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bea2ls
Joined: 27 Mar 2008
Posts: 341
Debtcc Points: 3326
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| Posted: Thu May 08, 2008 1:35 pm |
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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.
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mccorda
Joined: 24 Mar 2008
Posts: 28
Debtcc Points: 583
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| Posted: Thu May 08, 2008 2:16 pm |
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They already had a class action law suit against them.
read the following from 11/2007:
A pair of Merrillville debt collection companies are facing a class-action lawsuit in federal court for allegedly violating federal debt collection law.
The suit was filed Tuesday by Donna Ketchem on behalf of herself and 50 other Indiana consumers against American Acceptance Co., and the law firm of Bowman Heintz Boscia & Vician Professional Corp., both located at the corner of 86th Avenue and Broadway in Merrillville.
The Bowman Heintz Boscia & Vician offices were closed Wednesday, and messages left at American Acceptance Co. were not returned.
The suit claims both businesses are owned by the same people, with American Acceptance Co. purchasing delinquent debt from credit card companies and turning it over to Bowman Heintz Boscia & Vician to pursue collection in court.
The 50-plus members of the suit claim that American Acceptance Co. was misleading when it threatened to charge consumers the legal fees it incurred in collecting their debt, because it was not legally able to collect those fees.
Many major credit card companies, including Citibank, Capital One, Wells Fargo and MBNA (now FIA Card Services), prohibit collection agencies from collecting in-house attorney's fees.
The suit claims that, given the "substantial identity of interest" between American Acceptance Co. and Bowman Heintz Boscia & Vician, that the firm functions like an in-house firm and falls under the same rules.
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| Posted: Thu May 08, 2008 2:35 pm |
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| Code: | | Many major credit card companies, including Citibank, Capital One, Wells Fargo and MBNA (now FIA Card Services), prohibit collection agencies from collecting in-house attorney's fees. |
Nelson Watson said they were attorneys and I'd have to pay court fees, isn't that the same or different? I still have to get the second DV letter to them - I will tommorow AM. I guess I will also send another letter to ER Solutions?
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bea2ls
Joined: 27 Mar 2008
Posts: 341
Debtcc Points: 3326
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| Posted: Thu May 08, 2008 2:48 pm |
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attorneys collecting for anything are subject to the FDCPA.that means they can't charge extra fees.also yes get another letter to ER solutions.
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paulmergel
Debt Samaritan
Joined: 24 Jun 2007
Posts: 1880
Debtcc Points: 7579
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| Posted: Thu May 08, 2008 2:52 pm |
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ok, good to know - i would have sent it out yesterday but i worked 12.5 hours than the post office was closed by the time i got there today..
I still am on the fence about ER Solutions - I feel dumb for sending a DV letter after making a payment - but I really want a break down. On the other hand, they did call me after recieving my C & D so I don't know why I feel like the guilty one? I am still curious why i have access to HSBC's site.. I'd love to just make payments with them.. see, the $30 (perhaps more?) a month late fee is killing me and I want to see if they really can do that? I just want this to be paid in full and I want to handle everything right because I am still kicking myself for past mistakes.
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bea2ls
Joined: 27 Mar 2008
Posts: 341
Debtcc Points: 3326
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| Posted: Thu May 08, 2008 5:15 pm |
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alright, so tonight i will pen both letters to ER SOlutions as well as Nelson Watson. Any advice? I need to send a second letter to ER Solutions because they called me after recieving my C & D letter. I am going to ask for another DV. I am going to send Nelson Watson a second DV letter because they claim my account is validated when it's not. I am going to work on this a little later, as I have not been able to sleep at night with these horrible monsters always on my mind.
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bea2ls
Joined: 27 Mar 2008
Posts: 341
Debtcc Points: 3326
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| Posted: Fri May 09, 2008 6:05 am |
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Hello, I sent the letter to Nelson Watson (second request and all of that) certified and everything. I didn't send the ER Solutions letter yet - I will later today though.
I'm just not sure if I am doing the right thing for that one. I am def. putting that they ignored my C & D letter. I also am resending a copy of my DV letter. Should I mentioned that their call after the C & D letter has been noted for my records? What I'm also, really worried about is the payments.. Should I mention that I want to continue make payment arrangements via money order or pre-paid? Or should I try to make a payment online now on the cc's webpage? Should I send a payment with the DV letter since I have been making payments? I really am scared of messing this up, can someone please advise me on this one? Some please help? Thanks..
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bea2ls
Joined: 27 Mar 2008
Posts: 341
Debtcc Points: 3326
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| Posted: Fri May 09, 2008 8:31 am |
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One more question (I know I'm a huge pest at this point but I'm just real, real scared...) how likely is it that Capital One could sue me? I know this thread is confusing, i just didn't want to clutter up this board with my pathetic problems.. Nelson Watson is collecting for Capital One - they keep saying they're going to have a judgement against me. I sent them a second DV letter today. Is that ok? I never recieved anything in writing.
ER Solutions is collecting for HSBC Mastercard - I sent them two, maybe three payments. They called after getting my C & D letter and said my $25 payments weren't going anywhere because I get charged $30 a month in late fees. I am resending the C & D letter, as they have called since recieving it. Should I send a payment with it?
I really hate to bother you nice, helpful people. This debt has really taken over my life. I can't concentrate at work, can't sleep, my health has suffered - it started with payday loans and led to this mess! I know I keep beating this to death but is there anything else I should know or do? I keep researching this on my own, as well. Thanks.
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bea2ls
Joined: 27 Mar 2008
Posts: 341
Debtcc Points: 3326
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| Posted: Sun May 11, 2008 5:14 pm |
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hey, i just wanted to see if anyone had any advice? like i explained in my previous post, i am having a problem with two collection agencies and I resent a DV letter to Nelson Watson(they scare me because they keep saying they will put a judgment on me)
and ER SOlutions is another one, who called me after the C & D lettter. I have made payments with them and wnated to know before I send another C & D/ DV letter, if I should send a payment with them. I never had anything in writing and had questions to the late fee they are charging.
I hope this makes sense. I really feel so lost, like I hit a dead end. I wish so much that I had enough money to pay them all of completly so I wouldn't have to live like this..
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bea2ls
Joined: 27 Mar 2008
Posts: 341
Debtcc Points: 3326
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| Posted: Sun May 11, 2008 8:32 pm |
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Excuse me but they are threatening you with legal action and they themselves are not attorneys? Nelson and Watson are Wimps and I highly doubt they will do anything. They will sell your debt and the next person who gets it WILL probably sue. I am guessing that it might go to LVNV Funding next.
As far as not getting payments to ER solutions, They are charging late fees?
What state do you live in?
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pokertramp
Joined: 07 Feb 2008
Posts: 72
Debtcc Points: 1361
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| Posted: Mon May 12, 2008 6:42 am |
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Thank you so much for responding! I live in NJ and am going crazy over my debt. Nelson Watson said they were going to put a judgment on me. I didn’t pay them anything yet and am waiting for debt to be validated. I hope someone else won’t sue me. I only owe aprox. $600 – I really want a break down. I tried to work out payments with Capital One but they only wanted the full amount, which I cannot afford. Nelson Watson offered payments of like $300 some a month, which I also cannot do. I’m real scared of getting sued, I really want to make payments. This $600 bill was for a $250 credit card, I just would like to see a breakdown, Nelson Watson has screamed at me in the past and I cannot call them.
Than comes ER Solutions – I paid them like 3 times, I think. They said I have a $30 late payment every month, so my payments aren’t going anywhere. They also charge $5.95 processing fee. I sent them a C & D letter, which was ignored and a DV letter. I also really want a break-down. I haven’t gotten anything back from them but am wondering if I should send a payment, since I have been paying them. I just wonder if they can really add those fees? Should I just send a payment? I don’t want to get in any sorts of trouble.
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bea2ls
Joined: 27 Mar 2008
Posts: 341
Debtcc Points: 3326
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