[unclewulf]

They get really mad and say "we know you are debt educated" like they are saying I am a spy or something dirty

Karen, they're just pissy because they see you cutting in on their gravy train. What a bunch of maroons!!

Tell ya what... The next time they get to goin' on about how you're 'debt-educated' [after you get done laughing...], 'splain to'em that what you are is educated in consumer rights. Then tell'em that it's actually a good thing, because that makes one of you.

Good luck, and good hunting.......

http://www.digitalworkshop.us/smileys/evil2.gif

[FloridaRon]

OMG, you two are killing me! Too funny!

First off, Bossy4455, I'm just stunned a credit card balance of $780 got to almost $14,000. That's always been interesting to me, from having worked in banking and finance in that past, that a company gets so surprised that a debtor can not or will not bay off a bill that has been overly inflated by fees, like yours was. Seems like there should be some sort of limitation as to how large an outstanding balance on a bill can be jacked up to by an OC. I'm sure they do this, so when they write off the account to "Bad Debts Expense" it artifically inflates there "Net Income." The account has been inflated to multiple times what the original amount of the loan, or the line of credit was, so it's not like they actually loaned out the entire amount and lost it.

Too bad you've been paying on it all this time. If the SOL had run out, then you could have just told them you had payed more that enough, whever they called you attempting to collect on it.

For Pete's sake, make sure when you're collecting on the amount they owe you, you don't say you're going to send someone over there to "take care of them." I bet they would waste no time calling the Police on you for that one. Just stick to "downloading", like in "Tron."

I would, however, get an auto-dialer and have it call them over 100 times a day. I'm unemployed, I'd be willing to call them repeatedly, making collection attempts, for a small cut.

Just a thought. LOL!

[unclewulf]

Originally Posted by UnemployedRon

First off, Bossy4455, I'm just stunned a credit card balance of $780 got to almost $14,000.

What? Don't you think eighteen times the original debt is 'reasonable'?

Originally Posted by UnemployedRon

Too bad you've been paying on it all this time. If the SOL had run out, then you could have just told them you had payed more that enough, whever they called you attempting to collect on it.

I think the SoL would have run, but for her continuing payments. Still, 23 years oughtta be about long enough.

Originally Posted by UnemployedRon

For Pete's sake, make sure when you're collecting on the amount they owe you, you don't say you're going to send someone over there to "take care of them." I bet they would waste no time calling the Police on you for that one. Just stick to "downloading", like in "Tron."

Never, never, never, ever make any overt threat. Stick to an implied threat, it works better and is more fun. Years ago, when I was still in the Club, I'd occasionally stop by a place to settle some business or other while wearing my cut. It's amazing how polite and respectful most people become in a situation like that. I never took any crap, but I never said a word that might remotely be construed as threatening. I never had to.

Originally Posted by UnemployedRon

I would, however, get an auto-dialer and have it call them over 100 times a day. I'm unemployed, I'd be willing to call them repeatedly, making collection attempts, for a small cut.

Ya know, Ron... You can get a Unix autodialer for free on the 'Net. If you need help, I can set it up for ya. For a 'reasonable' fee, of course......

Hello everyone out there!!! :shock:
I was being suited by this company and as of this date 12/25/07 I have not been served. I went into the count records and they ask the judge if they could leave the papers with anyone at our address but no one has ever been here to do that and how do I know you ask well we have a camra and are able to view at any time and as of today one person has been here but never rang the door bell and so on. I know this has to do with Sears but the account is a SOL. I would love to go after them and wonder if I can. ops: does anyone know? I am going to get into my creit repoet and work on getting them off (if it still shows them on it) This company will not get one red cent from me.
Good luck to anyone that is having problems with this company.

[unclewulf]

Evenin' Mickey -

You might ought to say what state you're in. Laws vary, sometimes quite a bit.

Next question... If you haven't been served, how did you know you were being sued? The camera sounds like a good idea. Does it record to durable media like tape or disc with a time/date stamp? If so, I'd start saving those recordings on a weekly cycle or thereabouts. Might be handy if they falsely claim service to prove they weren't there when they said.

[FloridaRon]

UncleWolf

The CA that attempted to sue me actually called me, after the papers had supposedly been served, to try getting me to settle up with them before court (extortion?). I advised I had never received any papers, and he advised me I should have. I went on my county's clerk of the court website, did a search under my name, and "Shazam" there was all the court date information, plus a comment from the process server that the papers had been handed back to them. They sure didn't come by my house as I was home all day, every day, seeing as how I was unemployed, had medical problems, and had nowhere to go.

So I contacted my local legal aide office and they got involved. Magically, a few days later, another process server showed up at my house to serve me those papers. This was not someone from local law enforcement, it was some young girl in jeans and a t-shirt; obviously a contractor. I'm pretty sure half of the papers served by contractors never make it to their intended victims, like mine. They probably can't find the house, or worse, don't even try, and mark it down they either served the papers or the papers were handed back to the server. Lazy and dangerous since this is a person's life they are screwing around with. There should be some sort of legal recourse for people that have been the victim of this type of nonsense.

[Bossy4455]

Thanks Ron and Unc!! First, I would never say that I was sending someone after them- I am extra carefull what I say to them-even take notes as we speak.Next, I will never see a penny of what we stupidly paid :roll: But I have learned alot about how to handle CA from them :lol:

When they say I was debt educated I tell them it's about time, and I was going to help others get that way! They always tell me they know where I get me info- and it's wrong :lol:

As to servers- We were served on a car wreck once- the stupid server apparently therw the summons on the porch while we were gone- I found it the next day in the yard in a mud hole :shock:

[FloridaRon]

Bossy4455

You proved my point. There should be some way to go back to that server and legally penalize them for the way they served, or in this case didn't serve, those papers. You were lucky you found the papers otherwise the CA would have gotten a default judgement. Shameful.

I was just kidding about telling them you were going to send someone after them as some CA's feel perfectly justified in telling debtors that. I'm sure you wouldn't want to stoop to their illegal tactics.

I'm with you on helping others get "debt educated"! I wish more people were. I'm just amazed at some of the posts I read here from people that are absolutely terrified when a CA tells them they're going to jail over a debt. Even before I came to this forum, and started learning more about the fdcpa, I relized that couldn't happen. As I've said before, I just want to help keep other people from being victimized by shady CA's the way I was.

[unclewulf]

Originally Posted by UnemployedRon

UncleWolf

The CA that attempted to sue me actually called me, after the papers had supposedly been served, to try getting me to settle up with them before court (extortion?).

Nah. Pre-trial settlement attempt. Legal, up to a point.

Originally Posted by UnemployedRon

I advised I had never received any papers, and he advised me I should have. I went on my county's clerk of the court website, did a search under my name, and "Shazam" there was all the court date information, plus a comment from the process server that the papers had been handed back to them. They sure didn't come by my house as I was home all day, every day, seeing as how I was unemployed, had medical problems, and had nowhere to go.

As far as I know, the server has to tell the court the disposition of the service... Whether someone accepted the papers, shot at them, or whatever. Most places, the server has to attest to their statement "under penalty of perjury". Problem is, lots of places that's pretty much a toothless threat unless it's a big or celebrated case, or you can get a mean attorney on it. LE just doesn't want to hear it. It takes up their resources, don't ya know. I found that out in the course of my last divorce.

Originally Posted by UnemployedRon

So I contacted my local legal aide office and they got involved. Magically, a few days later, another process server showed up at my house to serve me those papers.

Imagine that.......

Originally Posted by UnemployedRon

This was not someone from local law enforcement, it was some young girl in jeans and a t-shirt; obviously a contractor. I'm pretty sure half of the papers served by contractors never make it to their intended victims, like mine. They probably can't find the house, or worse, don't even try, and mark it down they either served the papers or the papers were handed back to the server. Lazy and dangerous since this is a person's life they are screwing around with. There should be some sort of legal recourse for people that have been the victim of this type of nonsense.

The chick in question was probably working either on piece rate or for some minimal compensation. She could care less if you actually got good service, as long as she gets paid. Assuming one could actually prove they never tried to effect proper service, I wonder if the server could be held civilly liable separately from the CA?

Now there's a pleasant thought........

[unclewulf]

Originally Posted by Bossy4455

Thanks Ron and Unc!! First, I would never say that I was sending someone after them- I am extra carefull what I say to them-even take notes as we speak.

That's pretty much the point I was making earlier. Never say anything to them that you wouldn't be proud to own up to in court later. Actions that are at least arguably 'normal' in your specific circumstances and just coincidentally happen to make them feel uneasy are a whole 'nother matter, though.

Way back in the day, when I was younger and much less concerned with consequences [and still active in the Club], I got a call from a CA at work. They were pretty much carrying on loudly and makin' stuff up, so I hung up on'em. They called back and yelled at my boss, who was not amused in the least. In the process of all that, they demanded that he direct me to go directly to their offices as soon as I left work. He handed the phone to me...

They then screamed at me some more, and demanded that I 'come right down and see them' when I got off for lunch. Not thinking [I did lots of that back then], I told'em I had to go someplace with a couple of my brothers at lunchtime. The were most insistent that I come directly to their offices before I did anything else. I didn't want to hurt their feelings, so I agreed.

About lunch time, two of the brothers and I rolled up in front of their offices, which were in a strip-mall type of place. On bikes. Loud bikes that get noticed. Wearing Club colors. When we went in and I asked what was so important that they had to be disrespectful over the phone, they fell all over themselves telling me what a big misunderstanding it all was. Right, sure it was. They were probably thinking we were gonna start taking the place [and them] apart, but none of us ever said a threatening word or gave'em a mean look, so there wasn't squat they could do. I never heard from that outfit again after that. Wonder why...

Hello, I just got off the phone with Leading Edge Recovery Soluations for the collection of my Sears Account that was bought out by LVNV. For the payment of close to a $1,000.00 I spoke to the credit manager for the second time. The first time he kept on asking for my employer information and I wouldn't give it to him, but I told him that I wanted to make a payment now and then pay them off with my income taxes in February. All he would do is agrue with me about getting my employment information and then he stated fine I will pass on the LVNV that I am not working with him and to start the process. I am not sure what is going to happen now. But I am willing to work with him on paying it in full. Will LVNV sue me for the amount due?

Pamela

These people are real jerks, at least the collector I delt with. Please do some research into the fdcpa laws. I was called more than once a day. That is against the law!

[unclewulf]

Originally Posted by Paminu

Hello, I just got off the phone with Leading Edge Recovery Soluations for the collection of my Sears Account that was bought out by LVNV. For the payment of close to a $1,000.00 I spoke to the credit manager for the second time. The first time he kept on asking for my employer information and I wouldn't give it to him, but I told him that I wanted to make a payment now and then pay them off with my income taxes in February. All he would do is agrue with me about getting my employment information and then he stated fine I will pass on the LVNV that I am not working with him and to start the process. I am not sure what is going to happen now. But I am willing to work with him on paying it in full. Will LVNV sue me for the amount due?

Pamela

Hi Pamela -

Have they sent you anything in writing? By law, they are required to send you a dunning letter with the specifics of the alleged debt within five days of the initial contact. In your place, I'd be concerned as to whether or not they have the authority to collect on this debt. If they don't give you specifics to your satisfaction, send them a debt validation letter. Samples are available in the do-it-yourself section of this sitte. Send it certified mail, return reciept requested. They will have to sign for it, and you keep the little green card that proves they did. Once they recieve that letter, they have thirty days to properly validate the debt. During that time, they cannot continue collections activity, including suit.

I wouldn't admit that you have a tax refund coming. That just gives them a prize to shoot for. And don't give them any information about your employer, unless you really want to be harrassed at work. I won't give a collection agency any information about me at all. Let'em dig for it.

[Bossy4455]

Be sure with LVNV, you keep copies of everything. In dealing with them and their many agencies over almost 2 years, I found it will be to your advantage when you can call them on their cr$$.

Don't look for them to validate or at least fully validate. They try to get by that by sending a piece of paper they generated saying who the debt was from and now they have it and you owe xxx dollars.

They will use all sorts of terms to scare you into paying, even if you don't know if they have the debt or not. So far I have sent about 6 DV letters to their many companies-when they pass it to another company--DV them. Please be sure they even have and can prove they have your debt. There are others who have posted before that they never even had a Sears, etc., and they are trying to collect.

If you find they do have your debt, and are legally able to collect, and you want to pay them-- be sure you get something in writing before you pay them saying that this will be paid in full.

I don't know what state you are in, but unless you are in Texas, or I believe, Florida, they have until the cows come home to validate-and that's usually when they do!!

Good Luck to you--if I can help--please let me know..KAren

BTW- |Don't give them your employer info--or any bank info!!

[unclewulf]

Originally Posted by Bossy4455

BTW- |Don't give them your employer info--or any bank info!!

Very good advice, Karen, but let me elaborate a bit for the less-experienced, if I may...

No employer information:
If they're calling you at work, send them a Cease And Desist letter immediately so they're only allowed to contact you through the mail! No phone, no cell, no email. Don't tell them where you work. Don't even admit that you work. If they ask, just tell them you ain't answering.

No bank information:
No means no. Don't give these scum your routing/account numbers. Not unless your bank account is a little dusty and you want them to clean it out for ya. Don't tell them the name of your bank. Don't even admit that you have a bank. Am I being sufficiently clear on this point? Don't send them a check [it has your routing/account numbers on it, that's why]. And especially, don't authorize an automatic debit to your account, check-by-phone, or anything like that.

[unclewulf]

Originally Posted by Bossy4455

BTW- |Don't give them your employer info--or any bank info!!

------------------------
This was a little too long to post intact, so I broke it into two parts...
------------------------

"But what if I owe the debt, and want to pay it?"

Fine, pay it. But not without protecting yourself. That means you don't send'em dime one without full, reasonable validation. Just because you owe Sears [for example] ten bucks does not mean that this collection agency has the legal authority to collect it.

"They said they'd mark it Paid in Full if I send them half..."

Did they validate the debt as required under the law? If not, how do you even know you're paying the right people? They've offered you a deal? Splendid! Get it in writing, on paper, or it's not a deal. Memories of telephone conversations fade with time. Some collectors might even [gasp!] lie and say they never said any such thing. Handwritten notes are better, but still open to interpretation. Taping calls works, but it's not legal in all states. Tapes can also get shredded in your player occasionally. Email is *maybe* OK, but it's volatile. If your hard drive dies, so does your proof. Email is also very easy to forge.

"Gosh, Wulf! Aren't you paranoid?"

Yes. Next question.....

"All that seems like a lot of hassle. I just want to pay this debt and forget about it."

Oh, why didn't you say so? You can take care of that at your local branch of Wulf's Bank. Look for a leather-clad, bearded man on a motorcycle parked down the street from your home or office. He'll be happy to take your payment. Small, untraceable bills preferred.



Seriously, folks. Protect yourself when dealing with collectors. Avoid becomming a victim.