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 Posted: Mon May 12, 2008 11:12 am |
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anyone? any advice at all? i really want to know if I should send ER Solutions another payment on payday this week or if I should wait until it's validated...
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bea2ls
Joined: 27 Mar 2008
Posts: 320
Debtcc Points: 3188
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| Posted: Mon May 12, 2008 11:18 am |
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if you sent the proper DV and C&D letters they can't get a judgement without validating.you could get a judgement vacated.did you file AG,FTC and BBB complaints,i thought you did.if so follow up complaints are my advice.that is what i did.just know they have to obey collection guidelines.they are not.you can take action against them,and you should.
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paulmergel
Debt Samaritan
Joined: 24 Jun 2007
Posts: 1742
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| Posted: Mon May 12, 2008 11:27 am |
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Ok, to be honest, I never filed with anyone - I did for payday loans but did not know I could with collectors unless something happened. I guess stuff did happen, but I really honestly did not know I could file in my situation - i filed for payday loans because they are not legal in my state.
What could I say in my complaints for ER Solutions? How they called my mother and than how they called me after the C & D letter? I really want to pay them (i'm itching to, lol), should I send a payment with the resend letters or wait until it's validated? I have been paying them, I just didn't think they could charge any fees? (I missed last month's payment btw, because I sent out those letters..)
What could I say about Nelson Watson? The employee that yelled at me? That I am waiting for a debt validation?
I don't mean to sound so dumb, I honestly don't know what to do.
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bea2ls
Joined: 27 Mar 2008
Posts: 320
Debtcc Points: 3188
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| Posted: Tue May 13, 2008 12:32 pm |
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Okay, reports were filed with BBB, AG, and FTC for both Nelson Watson and ER Solutions. Do I just wait now? (I hate that part!) I still would like to pay ER Solutions (as I have paid them before) but am thinking I should wait for it to be validated? I really don't like that they add fees and I would love a breakdown. The DV/C & D letters have been resent, too.. is there anything else I should do right now? (or am I stuck waiting?)
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bea2ls
Joined: 27 Mar 2008
Posts: 320
Debtcc Points: 3188
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| Posted: Thu May 15, 2008 1:16 pm |
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Can anyone offer any advice at all? I'm worried about ER Solutions - they called after a C & D, and they are charging processing fees. I would like a written breakdown. I sent a DV letter (twice!) but do I even have the right to validate a debt that I paid on? I don't want to make things worse- I just wanted a breakdown. I did the reports and everything but am so scared I will held responsible for not paying on a debt that I started making payments on? I really, really, really need advice - can someone please help??
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bea2ls
Joined: 27 Mar 2008
Posts: 320
Debtcc Points: 3188
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| Posted: Thu May 15, 2008 1:29 pm |
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my only advice now would be to PM jcemt,or skydiver.they can assist further.you have rights,this place has to answer for this.i can only speak from experience.they have the tools to help you fight this.please do that,they can help from here.
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paulmergel
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| Posted: Fri May 16, 2008 6:32 am |
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Thanks - I do appreciate everyone's help, I will do that.  I did recieve a response from BBB concerning Nelson Watson - I don't agree with everything (I really was not lying about the way the employees treated me. That was all real..) but I like what he said about forwarding it once recieved. I did not know how to reply so I emailed BBB back and told them I didn't see a place to reply and I do not agree with all parts of the letter but will make payments once info is fully recieved. But I'm scared they won't make payment arrangements with me. Anyway, here's the letter:
I have read the complaint filed by Miss.XXX. I have reviewed the account and listened to the audio telephone recordings. We have requested validation of debt for this account from our client Capital One Bank but to this date have not received anything back. After listening to the audio recording of the phone call with Nelson, Watson & Associates employee XXX and consumer Miss. XXXX I can confirm that at no point did XXX tell Miss. XXXX that Nelson, Watson & Associates LLC could not validate the debt because “it is in judgment”. There will be no more phone calls to XXX employer. I can again confirm, (after listening to all audio recordings) at no point was Miss. XXX talked down to, or did any employee from Nelson, Watson & Associates LLC raise their voice on any telephone call. At no point did any employee Nelson, Watson & Associates, LLC tell Miss. XXX the she has no options. We will forward you the requested information once received
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bea2ls
Joined: 27 Mar 2008
Posts: 320
Debtcc Points: 3188
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| Posted: Fri May 16, 2008 9:14 am |
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I put in a response - BBB said it was closing, pending to be resolved and that the company offered a partial agreement. I wrote back, saying it's not fully resolved. I disagree about the way I was treated and once I recieve the info, I will be glad to make arrangements.. I hope they work with me and hope even more I didn't make it worse :'(
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bea2ls
Joined: 27 Mar 2008
Posts: 320
Debtcc Points: 3188
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| Posted: Fri May 16, 2008 7:13 pm |
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hi bea--
I replied to your message. Now that I see you are in NJ, that helps--you can legally record telephone calls in your state. NJ is a "one party" state, which means you can legally record the telephone calls and not even tell them that youre recording them. As long as one of the parties in the call consent to the recording, then it's legal. My advice to you is to get a microcassette recorder that can be plugged into your phone and start recording these calls. Otherwise, it will just be your word against theirs as to if they even called, or what was said during the calls. I did this, picked up a recorder, and now I am in the process of suing two different CA's for illegal activity. There is no defense thats going to be very effective when you play the tape for the judge.
OK, I talked about the rest in my message, please dont be worried over this! We can help you through it, and you will see once this is done that you will really feel a lot better. If there are any other questions, dont be afraid to ask! and please, keep us updated so we can help you as much as you need
Jon
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skydivr7673
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| Posted: Mon May 19, 2008 7:49 am |
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Thanks
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bea2ls
Joined: 27 Mar 2008
Posts: 320
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| Posted: Thu May 29, 2008 2:00 pm |
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hello, everyone - it;s me again. i recieved a validation (a sorta, kinda validation..) from Nelson Watson and also I recieved a letter from Capital One telling me to pay them. nelson watson said the dispute was invalid according to capital one and sent me a copy of every statement i ever had with capital one. but thats all they sent.. no license to collect, not even a copy of my contract! I am short on time right now but plan on researching this asap. They said to call to make payment arrangements. What should i do? Can someone please help, offer any kinds of advice at all? I'd love to make payment arrangements but i didn't even get the answers! What is my next step? Please help, I am so so so so scared of being sued.. like I said, I want to pay but am sure they are going to demand this huge lump sum and I'm so scared to even call them because of that last time they hung up on me. Does anyone have any kind of advice? thanks.. :/
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bea2ls
Joined: 27 Mar 2008
Posts: 320
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| Posted: Thu May 29, 2008 2:12 pm |
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you said that cap one sent you a letter telling you to pay them...was "them" cap one, or did cap one tell you to pay nelson watson?
I dont know if statements is enough to be proper validation---anyone can go through someone's trash and get an account statement. But there should be some contract, something that shows that the extra charges they are claiming you owe are legal and legitimate. How do the statements stack up to what Nelson Watson claims you owe? How about the letter Cap One sent--how do all these dollar amounts compare?
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Guest
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| Posted: Thu May 29, 2008 2:18 pm |
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thanks for the quick response.. i got a letter from capital one saying to pay nelson watson.. which i found kind of strange for the company to send? I have no idea who even owns this debt.. capital one's letter did not include an amount and the statements did seem to be right. Should I make arrangements? I still do not want to call them, though - sounds stupid but i'm scared cause of last time.. i just want to do this right..
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bea2ls
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cajunbulldog
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| Posted: Thu May 29, 2008 6:30 pm |
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Ok, I was just making sure everything was okay - how do I do this? Do I call or should I send a letter? Should I offer payment arrangements? They said something about making a settlement offer by June 20? I really will pay, I just wanted to make sure everything was done right.. because in the past I have made the mistake of paying this one collector who turned didn't send the money to the original creditor and it was a mess.. thanks for everyones help..
Paul - if your reading this, how was Nelson Watson for making arrangements? I don't know if I can afford to make a settlement.. do you think they will work with me?
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bea2ls
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