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Frustrated!! · Posted: Sun Apr 02, 2006 12:11 pm Subject: Burden of Proof?

Hi all,

A little history...I had an account (over 5 years ago) that was sent to collections way back when (over 5 years ago). Just a week and a half ago I got a message via my parents that some law firm is going to file suit because the debt was not paid. I called them back the following day to figure out what was going on because I didn't recognize any unpaid debt. As many of us do learn the hard way, I DID get into financial troubles 6 years ago and have since taken care of it all, the honest way by paying it all back. Now years later, and out of no-where, someone calls demanding more money? Anyway, the firm used scare tactics saying that if I could not pay in full that day, that the suit would be filed in my county. Which is funny because I don't even live in the county they mentioned, and I haven't lived at my parents house for years. I tried to get more information out of these people and they wouldn't budge. They threw out so-called legal terms and pretty much gave me no options. Please note that I DID NOT dispute that I ever owned the debt they were talking about, I just remember already paying it years ago. Unfortunately, I got very upset over the phone and didn't know what to do and they said if I gave them a payment over the phone of at least half, the lawsuit would freeze and not go to court. So, being stupid and uninformed, I gave them a check by phone. He said he'd fax me all the information he had on my case the following Monday when I called. So I consulted a well-educated friend and he said I'm being scammed. When I talked to the firm, they said they've sent MANY letters. I have not received one. And if they've had this information for years...why are they just NOW contacting me, and at my PARENTS house? Anyway, I called them back Monday, with my friend on speaker phone so he could witness, and he said that they (the firm)have to prove that they sent the letters (certified, etc.) and the firm said that was not their job. As soon as I started asking questions about the account and for him to send me everything he had on it (all he had in front of him was my credit report from Experian) his tone changed and got defensive and said that all supporting information would not be requested until it went to trial. So he pretty much had nothing. That night, I went online and pulled my credit report from all three credit reporting agencies and only Experian has the account even listed, and like I said it's over 5 years old and they have the status as closed. Yes, it was a charge-off because I dealt back then with a collection agency. There is no other mention of this account ANYWHERE else on any of the reports. Since I spoke with my friend, I put a stop-payment on my checks to them, which fortunatly was just in time and have sent them a certified letter stating that I do not owe the amount they requested (my credit report stated I owed half of what this firm was asking) and that I believed this matter to be taken care of and closed years ago. I have not heard back from them yet, but it has only been a week. Is there anything else that I should do? Sorry for the long history!

Thanks for your imput...

~Frustrated!!

Posted: Sun Apr 02, 2006 12:35 pm Subject:

Burden of proof is always on the creditor/ Collector to prove you owe the debt in question,NOT on you to prove you don't It is also on both side to prove they have tried to resolve the issue once they knew about it. AS indicated , correspondence should be at minimum sent Certified mail/ Return Receipt.

Unfortunately, by giving them the check by phone, (even though you stopped payment) you may have restarted the Statue of Limitation. What state do you live in? Someone in the forum may be able to find more info on that for you. If you did re-start the SOL clock, then they have all legal remedies available including civil law suit, and reporting to a credit bureau. If you did inadvertently restart the SOL period, you may want to offer a settlement based on the balance shown on your credit report (unless you have other records showing a lower balance).

You may want to contact the original creditor and see about settling the account.

Check you state laws to see what it says about adding interest or fees to the debt. some states, like Illinois, prohibit them from doing this. If that is the case in your state, then you may want to consider making a settlement offer.

Frustrated!! · Posted: Sun Apr 02, 2006 10:37 pm Subject: Good Info...

Hello Clay,

Thanks for the information. I live in Oregon. Yea...after I've read many of these posts, I gathered that it was a bad choice to initially give them a check-by-phone...but I guess that's how these people corner us...by fear and us not knowing our rights. I'll see about contacting the original creditor...as far as this so-called firm...should I wait to hear if they pursue any farther??

Thanks for your help!

Britt · Posted: Sun Apr 09, 2006 5:18 am Subject: Message

They left no info other than important legal call with the 800-815-1177 # to call back. They didn't even leave who the message was for. I and thinking of just sending a CDS letter, I think they have the wrong #, because I never had any trouble with my credit and I just had it pulled and bought a new car.

Posted: Mon Apr 10, 2006 3:30 pm Subject:

Clay, if the account was paid in full, I won't be worried if the SOL is restarted or not b/c I'm no way obliged to pay it.

mwtx · Posted: Tue Apr 11, 2006 10:32 pm Subject:

Frustrated

First, they broke the law by communicating the alleged debt to your parents. This can only be communicated to your spouse. Second, they cannot threaten litigation unless they actually plan to carry through. It seems by your post that they broke the law here as well, they were only using the threat as a tactic. Thirdly, check the statute of limitations for your state. If the debt is out of statute, they can still sue (and hope that you don't show up), but show up and show the judge that it is out of the SOL.

Fourthly, think about suing this firm for violations of the fdcpa! Record all the communications you have with them next. They might be worth $1000 plus expenses each for you. You can do this rather inexpensivley at small claims court, or, as in my state at the Justice of the Peace's office.

Posted: Wed Apr 12, 2006 2:35 pm Subject:

Frustrated!! · Posted: Wed Apr 12, 2006 9:03 pm Subject:

MWTX,

Thanks for the information. I wish I HAD all of the conversations recorded. Unfortunately, my parent already deleted the message on their machine, and when I spoke with them the last time...recording it was an afterthought. Since then however, I did send them a letter (certified) disputing the claim, stating that in fact did NOT owe the amount they implied or any amout for that matter, and that the matter was settled years ago....etc. I got the return receipt back last week, and I haven't heard back from them. Hopefully, they'll drop it. But if they don't, I'm not sure what I'll do. Thanks for your helpful comments!!

mwtx · Posted: Wed Apr 12, 2006 9:38 pm Subject:

Frustrated,

This was very stupid of them to begin with. Your parents are witnesses.

Remember, the burden of proof is with the collector. Don't accept any boggus affidavits, or in house printouts of your "debt" as proof of validation. They have to prove that you are contractually obligated to pay them, and how they arrived at the daid amount.

mwtx · Posted: Wed Apr 12, 2006 9:44 pm Subject:

curlycarl,

Sorry for a stupid question, but how do you join?? I thought I tried once but was not successful.

Posted: Thu Apr 13, 2006 2:50 pm Subject:

Use any of the links below, fill out the form and you will be a registered member of this forum. Registration is free.

http://www.debtconsolidationcare.com/signup/

http://www.debtconsolidationcare.com/community/

mwtx · Posted: Thu Apr 13, 2006 9:32 pm Subject:

thanks curlycarl, I'll give it another go.

Frustrated!! · Posted: Mon May 01, 2006 8:22 pm Subject: No word yet...

mwtx,

It's now been a month since I sent the certified letter protesting the above mentioned account, and I still haven't heard anything. Should I assume they've given up? Is there anything else I should do?

Thanks!

anon · Posted: Sun May 21, 2006 4:09 am Subject: ripoff

Bennett and Deloney is just that! Not only do they rip off the consumer, but they rip off their employees as well. Not only do they pay you peanuts per hour to deal with people like you (debtors), but they steal/take your accounts from your desk without your knowledge and when the payment comes in you have no revenue to show for your work (it all goes to the attorneys). This will eventually result in termination, as you are unable to "hit your goal". To ensure they cover themselves, the collector is tripped up with files that are "plants". The call will be made to a "supposedly valid" file and it will be someone in management "undercover". The call is then recorded and the employee is eventually terminated when confronted with the call. Practically every day of the week you receive an email that so and so is "no longer with the firm". These attorney's are idiots. They wonder why they have so many lawsuits against them? They push the employee to a point that causes them to "push for payments", resulting in fdcpa violations. Their supervisors/management are a bunch of uneducated idiots as well (highschool diplomas). If a debtor asks to speak to a supervisor, and the call is transfered, you rarely find one available, and if you do you are questioned "first". If this isn't bad enough, they have one collector there who is always the top collector. Come to find out this collector was given access to files that no one else had access to. It was in my best interest to quit this company before giving them them satistisfaction of termination.

Guest · Posted: Sun May 21, 2006 9:23 am Subject:

ROSE · Posted: Fri Sep 28, 2007 7:48 pm Subject: CONSTANT LETTERS OF PAYMENT

I have paid the lawyers off and am receiveing letters that i still owe more money in the amount of 75.00 i am trying to question it but they do not have a telephone number i can contact. What should i do? I have my receipt of payment.

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