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Posted: Sun Sep 02, 2007 1:11 pm

HELP!!! I had an account with Orchard Bank with a limit of $728.00. (I live in Illinos). After a financial bind I could not keep up with my payments.

Orchard sold the account to Household Bank sometime in 2001. Between 2001-2002 the amount kept going up despite my making very small payments and taking part in their "re-aging" plan. I would pay approx. $40-$50 amount...they kept adding two fees every month ($29 over-the-limit fee and $29 in past due fee). Finally, I stopped paying them as it seemed like throwing good money after bad.

Last year the account was placed with Collection Attorneys in Georgia who despite my request by phone did not validate the debt. (I now realize such a request for validation needs to be done in writing).

Sept. 1, 2007 I received a letter from collection attorneys in Illinois saying that they are being retained by a Crown Asset Management to collect a debt I owe in the amount of $3200.

After much reading, I am planning to send out a debt validation letter to them (saw a few samples on this site).

Questions...
1) Is there anything in particular to stipulate in the debt validation letter?

2) Has anyone heard of Crown Asset Management?

3) What if these Collection Attorneys come back with a generic verification letter?

4) I am willing to make good on the orig. amount approx. $800...but $3200 is outrageous as most of that constitutes fees they kept adding to the account despite trying to work with them on paying it. Can I now even negotiate with these collection attorneys to pay $800...or $900 maximum to settle the account, get a paid in full/delete letter?

4) More than anything how do I resolve this to avoid a law suit and to get a reasonable settlement amount accepted by them?

5) I cannot afford an attorney but how do I deal with these Collection Attorneys without legal representation?

Any help/insight that someone here on this forum can provide would be greatly appreciated. To say I am very stressed about this would be an understatement.

Posted: Sun Sep 02, 2007 2:14 pm

Right now I know your scared and not sure what to do. I strongly recommend clicking on the "free consultation" button to the right and up from this post. They will have all the infomaton that you need to deal with this debt and point you in the right direction. You have come to the right place as the rest of us have. Relax, it will be ok now.

thanks

Posted: Mon Sep 03, 2007 9:37 am

Welcome to the Community Very Happy

You aren't alone- many of us have/are in the same positions!

First of all, when did the debt become deliquent, and when was the last payment made to them?

The Debt Validation letter will state all the info that you need to ask them for(the sample letters include this).

I can't find anything on them yet, but will do some searching.

They may very well send you a generic letter with no info. What I did was, send them a copy of my first letter, along with a second request for validation. Mine still has not validated.

You want to make sure this is your debt, the amounts are correct, and that they are legally able to be able to collect this, before you make any settlement offers.

If you get down to the settlement part, often they will settle for anywhere from 40-60%, some won't, but others will. Of course, they will try to get the higher amount, this is where you can negotiate, if necessary.

Be sure and make copies of all correspondence from them and yourself, send all mail to them certified, return receipt also, so they can't say then never received it.

Good Luck- feel free to ask questions..Karen

Guest · Posted: Mon Sep 03, 2007 4:01 pm

Hi K,

Thanks for the reply. I became delinquent with Orchard in Spring of 2001. Then Household bought the account in Fall 2001. My last payment to them under their ineffective "re-aging" program was around November/December 2005. So much happened in that span of time that's why my dates are approximate.

The letter from Blitt and Gaines (collection attorneys in Illinois) said that they had been retained by Crown Assett Management to collect their $3200 owed.

I appreciate any info you find or can share that will help me in working through this.

Thank you!

Guest · Posted: Mon Sep 03, 2007 4:20 pm

Hi and thanks for the replies.

With Orchard, the account first became delinquent around Spring 2001. In Fall 2001, Household bought the account. My last payment to them under their ineffective "re-aging " program was around November/December of 2005. So much happened in that span of time that the dates are approximate.

Trying to find info on Crown Asset Management or Blitt and Gaines (collection attorneys whose letter states that they have been retained by Crown Asset Management to collect the $3200 owed to them).

So far nothing on google about them. Trying to see if BBB (Better Business Bureau) has anything on either Crown Asset Management or Blitt and Gaines.

Thanks for any info or help you can give in helping me to work through this.

cag000 · Posted: Tue Nov 27, 2007 4:58 pm

Blitt & Gaines falsified the entire court doket that they submitted to the court even to the fact they falsified the avidavit and the person who singed and notarized were arrested and waiting their cases in criminal court. If anyone wants any help with Blitt and Gaines contact me at email address removed as per forum rules - Mike and I will tell you everything i know on how to handle them.

vc · Posted: Wed Jan 16, 2008 3:09 pm

Hi "cag000" & Mike,
I too have Blitt & Gaines taking me to court. I also believe that the avidavit is falsified. Can you please respond/contact me so that I can get any pointers that you may have before I go to court tomorrow morning?
Great thanks!

canz67 · Posted: Wed Jun 11, 2008 8:27 am

I also received a letter from Blitt and Gaines, stating that they had been 'retained', and were attempting to collect a debt. I believe this debt is a credit card, that much like the other person, was IMPOSSIBLE to pay down, due to the charges constantly racking up on the account. This account was opened sometime in 2003, but I believe the last payment was make in mid 2005. So, nearly 3 years have gone by, and a couple of collection letters on what I believe to be this account, but nobody wants to validate this debt? If it is a realy debt, why is that so hard? I need advice, and Mike....please tell me everything you know...I need some ammunition.

INDYMRT · Posted: Sat Aug 30, 2008 9:57 am

IS BLIT AND GAINES A COLLECTION AGENCY IF SO THEY MUST BE REGISTERED WITH SEC IN THE STATE THEY ARE IN . I`M IN INDIANA and blit and gaines also is here but they are not listed as a debt collector in this state therfore illegal for them to conduct the business of debt collecting in this state. i also hear they are in illionois also if this is true then i need verifacation of this i`m on AOL at the screen name listed above indymrt need help fast

mkejme96 · Posted: Tue Oct 07, 2008 8:48 am

I have been taken to crt by Blitt and Gaines and ended up setting up payment arrangements, but they constantly threaten me if I miss that they will sue me. Can they do that?

Posted: Mon Nov 10, 2008 3:52 pm

How do I get the info from Debtcc on how to handle Blitt and Gaines. They're threatening to take me to court this month

Guest 2 · Posted: Tue Nov 25, 2008 1:22 pm

Blitt & Gaines is a Law Firm (Blitt & Gaines P.C.) In Indiana they have recently gotten authorization to work all counties. As a business, expecially a collection agency, they do not have to register with the SEC (Securities and Exchange Commission) They do have to have an approved business license from the state they are collecting in. Some states special agency licensure. Some don't. It depends. Now, how to handle Blitt & Gaines. First, in writing, send a validation request letter. Usually you have 30 days to dispute the validitiy of the debt once notified. If that time span expired, you can still request validity of the debt, you are presumed to owe it though. That is the fdcpa regs. FDCPA stands for Fair Debt Collection Practices Act. Now, if you got a Summons. It is usually for Judgement. This means where you can dispute the debt in front of a judge and then a continuance would occur. Then the next court date you need to bring proof of what you owe, they need to prove what they are claiming you owe. Then at that point the atty will look for arrangements. Get into arrangements and make payments on this. If you stop making payments then a judgment on your credit occurs. This then gives them the authorization to pursue wage garnishment if you do not repay the debt.

Teenya · Posted: Fri Dec 05, 2008 12:09 am

I just started to get the phone calls from this company. I called them & told them my # is on the do-not-call list. They said they can call because they are debt collectors. I told them they had not identified themselves as debt collectors when they call and therefore can not call. Is that true? They said the only way to stop the calls was to send it in writing. I told them to send me something in writing that I might respond. I had sent a letter to Washington Mutual in 06 stating I was disputing that I owed them money. Since then I have been transferred from one collection agency to another. Not one of them has sent anything in writing but they have put it on my credit report and won't stop calling. Don't they have to send something in writing stating what they think I owe? What would I say in a letter?
Thanks

Posted: Fri Dec 05, 2008 5:30 am

Do not call list do not apply to CA's....what they told you is correct. If you wish to cease them, it must be done writing. However they should have sent you a letter immediately after contacting you.....have you moved or changed mailing information?

bikrchik · Posted: Sun Dec 07, 2008 1:10 pm

CAGOOO or mike or anyone who can help:
I received an Alias Summons from blitt and gaines summonsing me to show up to court Jan 06, 2008. This is a few days away and I don't what to do. Can you give me a few pointers?

Posted: Fri Feb 06, 2009 9:12 am

They sued me too. However, it was for a legitimate debt. I got braces and took out a loan to pay for them. I was paying on time. Then, I changed banks. I remember calling Capital One with the new checking acct info. Right after that, I was hospitalized, my grandma died and my mom got cancer. In the meantime, Capital One wasnt making withdrawals from the right account. The whole thing slipped my mind. Then in the fall, I found out I was being sued by them. The man I spoke to, Jose, was extremely rude, intimidating and harassing. He said I had to pay $750 for the next 2 months, then $350 each month unitl it was paid. I told him I coudlnt do that. I told him I could pay $100/month. I was out of work. He told me I was crazy. I tried again,and no luck. A girl from there called me and we decided on $300/month. But, I still wanted to appear in court. I got to court and the lawyer from BG and I went before the judge. We explained everything and the judge said to hammer out something I could afford. It's now $150/month. The lawyer that was at the court was a decent guy and very reasonable.
My advice would be to go to court, and try and hammer out a deal in person.
I know this is past the date. But, I'd liek to know what you did and what the outcome was.