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Kim Spivey · Posted: Sun Oct 15, 2006 4:19 pm Subject: CACH, LLC

I've had the experience of being taken advantage of by this company I had no idea at the time but I paid them 2000.00 against a known cc debt and now a different law firm is requesting the same amount. The balance the gave me was 2300.00 more than the last statement I received. Is this legal and what steps should I take now that I've been given a civil summons.

Posted: Sun Oct 15, 2006 4:47 pm Subject:

It sounds to me like the debt was sold to another collector..All sorts of fees get added on that way, collection fees, interest, etc. Yes, this is legal.

On the papers you received it will have a court date. It is very important that you show up for it..You can make payment arrangements there. If you don't show up, your wages will probably end up being garnished.

Posted: Thu Feb 22, 2007 5:30 pm Subject:

Does any one have any idea what these jerks at CACH pay for an account? I wish an ex CACH employee would join the site, I could use some ammunition at this point.

Posted: Fri Feb 23, 2007 5:44 am Subject:

Fedupinpa,

Are you dealing with them now?

Posted: Fri Feb 23, 2007 7:45 pm Subject:

Yes, they got a hold of an old providian account of mine, they will not negotiate with me. They sent me a summons, wanted me to sign it, they had the box checked judgement by consent. Needless to say I did not sign it. I don't feel I owe this much, have you ever dealt with them? I just sent them a debt validation letter, to them and the law firm that they had send the summons. It is a real summons, got served by a sheriff, I called the court house, it is filed with them. I haven't got a court date yet. Any advise?

Posted: Fri Feb 23, 2007 7:51 pm Subject:

Get attorney and make them prove it. Have attorney draft
letter for FDCPA
violations. By sueing before validating your dispute,they now owe you money.

Posted: Sat Feb 24, 2007 5:12 am Subject:

Where can I find the law that states they must validate before they sue? I was angered at the fact of the way they did it, they had it served by the sherriff, which frightens most people. But the trickering in it was. It was all by consent, if I would have signed it, I would have been screwed.

Posted: Sat Feb 24, 2007 5:15 am Subject:

oh yeah, in the judgement by consent, they had a nice little payment arrangement already packaged for me. When I responded with a letter stating I was turning it over to a consumer agency for help, they sent me a letter stating that they don't accept payments only payment in full. I could have made the payments just don't agree with the final amount.

Posted: Sat Feb 24, 2007 5:40 am Subject:

Did you send a dv letter after you were served the summons?

Posted: Sat Feb 24, 2007 5:44 am Subject:

I was reading online last night because of the summons hubby was served last week. They can sue you during the thirty day period after they send the first dunning or collection notice. They have to stop collection activity after they receive your debt validation request though. I'm still trying to figure out if they can proceed with the law suit but it sounds like it. Of course, we didn't receive the type of papers that you did. They are trying to collect on a HSBC credit card of mine but they have not validated the debt yet. It's been over thirty days and I have sent a follow up letter. CACH has a bad reputation in the collection industry. They are made up of a network of lawyers.

Posted: Sat Feb 24, 2007 6:12 am Subject:

They have had this account for quite some time, they just got these jerks from Weltman & Reis involved. I sent the attorneys a debt validation letter too. Thing is they are not working with me on the balance. I called providian last week and they have a bogus payment listed on my account that I know i did not make.I have been at the place where I work now for three years, I know I have not made a payment since being there. I really don't think I have made a payment in over 5-6 years to providian. I sent providian a letter requesting a complete account history. I am thinking they are trying to re-age this debt to make it fall in my states SOL. Will keep you updated, haven't heard from either yet.

Posted: Sat Feb 24, 2007 6:57 am Subject:

Fed please read the FDCPA completely.The Ftc considers filing suit a collection activity and collection activity before validation is complete is not legal. I have no caselaw to support this.Just my personal opinion.

Posted: Sat Feb 24, 2007 7:37 am Subject:

On the other hand...(opinions too, not fact)

The issue of the validation itself would then come up in court, raised by the defendant, and the plaintiff would have to respond.

and/or

I can't imagine the DV timeframe being used as a successful defense in the event the SOL was about to expire.

Posted: Sat Feb 24, 2007 1:52 pm Subject:

Morningstar,
please clarify what you mean? I am not agreeing to the amount they are stating that I owe, they purchased this account from providian. I owed providian $2000 these jerks want $2819 plus fees. They did a judgement by consent which I refuse to sign.
Providian on the other hand is stating that I made a payment that I did not make in attempt to re-age the debt. It even conflicts with what they relayed to the credit reporting company, both experian and trans union. Any advice would certainly be appreciated?

Posted: Sat Feb 24, 2007 2:29 pm Subject:

What morningstar is saying that you could not hope to run out the statute of limitations while they find paperwork to validate. In most court systems,the filing of a suit determines if sol or not. Basically if they file before sol,it can be brought to court. The next thing she is saying is if they drag you to court you would inform court that debt is disputed showing letters and return receipts proving the dispute. You would then move the court to order discovery and they would have to show proof of valid debt or case will be dismissed.

Posted: Sat Feb 24, 2007 4:39 pm Subject:

That is exactly what I meant.

Except for one thing: I am male. Why does everyone associate the name with as female gender?

To fedupinpa, all apologies, I missed the "by consent" portion.

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