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#17 12-19-2008, 05:14 PM

Well I think you are correct Kamby. if you send a smaller payment than they want and they cash it, they have accepted it. If they file a lawsuit against you then you have a good reason to get the case dismissed with prejudice. You never had an agreement with the debt collector and it is not an installment account. If you could get it dismissed with prejudice for filing a false lawsuit then you don't have to pay anything.

#18 01-19-2009, 01:30 PM

I just got a call from AI today. It is for a debt that is in dispute with Directv. I am going to call my State Rep. tomorrow cuz. this has been going on since May 08.
Vicki

#19 01-27-2009, 08:15 AM

I've been reading up on how to stop the harassing phone calls from a collection agency. I have spoken with them and requested that they only contact us via mail and that they remove all work numbers from their systems. They are very argumentative to say the least. When I ask them for the address to mail a cease and desist letter, they give me the address for the original creditor....NOT for the collection agency. Am I supposed to send the letter to the original creditor? I was under the impression that the laws that apply to collection agencies do not apply to the original creditor and that this may be a pointless endeavor. Since they're obviously not going to give me THEIR address, should I snoop until I find it and then send the certified letter to them (the collection agency)?

NASCAR_Devil · #20 01-27-2009, 08:21 AM

You are correct in that the OC is not bound by the cease comm rules like a CA under the fdcpa. Who is the CA(s)? Remember, there is no basis for a "limited C&D" in the FDCPA. It is an all or nothing. I always add "Calls to my employer place my employment in jeopardy" and "ALL calls to my home and cell are recorded" to my DV letters.

#21 03-03-2009, 10:45 PM

Rec'd a nasty phone call on a phone that is not mine but belongs to another person in the same house from Asset Acceptance LLC. I do not have a phone of any kind. I answered the call because the person was sick and had gone to bed early, has a phone by the bed, and didn't want her to be disturbed. She is an old lady.

The debt collector stated that the alleged debt was from 1988. I said in twenty years this is the first time I have ever been contacted about said debt. It must be a mistake. The abusive yelling, screaming assault began to where communication was impossible. I finally got a word in edgewise to say that if she did not change her attitude I would not talk to her. She went on screaming, raging that there was nothing wrong with her attitude, that she did not have an attitude, this as loud and as demonic sounding as could be. I hung up. It has been said on this forum that it is illegal to hang up, however I would argue that under that kind of abusive situation it could not possibly be illegal, however I do not know how the law reads. At the time of the call I did not know it was illegal to hang up.

I did earlier on in the phone conversation say "prove it." I think that was what started the yelling. A few days later I received in the mail two sheets of their letterhead with little information. It sited Chase Manhattan as the creditor and an account # I didn't recognize at all. I've never had a loan, only used credit cards which are 16 digit numbers. This acct. # has 9 digits. Besides that info, the letter shows the last 4 digits of my ss#, the balance, my address and where to send payment.

The other paper is supposedly validation which only includes the name of the original creditor and the alleged original account #.

Nowhere is there any information regarding disputing the claim, or legal rights, time periods, etc.

On the phone the screaming lady said that she had documentation from Chase Manhattan directly. That seemed like a fraudulent statement, as I know creditors do not wait 20 years to write off a debt and send it to a collection agency. Nor did she send a copy of this alleged document.

In my case, My personal info is the right person but the alleged debt acct.# seems to me to be a mistake or made up fraudulently.

How does the fact that this is 20 years old affect what I should do in response, and that I think this is fraud or a mistake? How should I go about this? What should I do? Also note that the date of origin does not appear anywhere on either of the two pages sent to me. It was only told to me verbally over the phone, (which is not my phone.)

Thanks for your great website! Good job!

nohiogal · #22 03-04-2009, 03:53 AM

You can also get a prepaid debit card and it will cost you a lot less. Some check cashing places offer them for free as long as you put the required minimum amount on them at the time of purchase.

Just make sure you do not give them any bank account information.

NASCAR_Devil · #23 03-04-2009, 04:08 AM

Quote:

It has been said on this forum that it is illegal to hang up

I've never seen that posted anywhere on this forum. You can hang up all you want. This debt is past federal reporting period and SOL. No state has an SOL longer than 15 years unless they have a judgement against you. SOL on judgements varies by state but the majority of states have a 10 year SOL and the ability to renew the judgement for another 10. I personally would send the a full cease communication letter or a FOAD. Tell them that you are not going to pay as you have no legal obligation. Any further contact beyond their informing you they are ceasing collection efforts will result in you filing suit for violations of the FDCPA.

#24 03-04-2009, 09:13 AM

Thanks for the quick reply. I am about to try and locate what an FOAD is. If its not too much trouble, please fill me in on that. Am looking around to try and find out what it is.

It seems that Asset Acceptance, certainly among others as well, consistently violates FDCPA rules and regs and should loose their licence. Yet BBB gives them a high rating. Crazy.

SOAPLADY · #25 03-04-2009, 09:19 AM

FOAD letter means "F*** off and die". You are basically telling the CA to pound sand as the debt is way beyond SOL. Tell them never to contact you again by any means.

#26 04-10-2009, 06:52 PM

i talked with a lady who said i should be thankful i had a job and i Could afford the fifty i promised to pay til i paid it off i told her things came up and she continued to call my work when i told her not to very rude to me

#27 04-11-2009, 09:23 PM

ok im from florida and i have a home havent paid they say-homecommings fin -collection agency- have a mortgage they say i havent paid since 2002 well i have paid coll-agencies difrent ones well they keep selling my loan -so far now about 7 times this one well i used one of ur letters on here and no phone calls havent heard by phone they stopped---the letter i wrote was the one ----validation well havent heard back yet -if they validate- what would it look like so i will know---and is there a statute of lematations on this? can they sue me? I dont know if im supose to pay collection agencies or not right now im just sick they sold my loan again----I do know about 3mths ago they told me i could settle out 4,000 then a month later it was 3,000 well i dont have the money up front well now they sold my loan again --now they send me a letter 35,000 well here we go back to square one again-this time it scares me because i am trying to fight back on my own--thinking well i may loose my home any insights at all --frightned in florida

#28 04-29-2009, 03:21 PM

Can a cease and desist letter be sent to an original creditor? Unfortunately I purchased an automobile with a finance company that I did not know at the time was less than reputable. With my husband lossing his job 18 months after the purchase there collection tactics have gotten out of control. Let me point out we have only missed 2 payments this is with only one income a mortagage and regular living expenses. I just want them to stop calling my job 4-6 times a day. We have had to change our home # because they were literally calling at all hours of the night and day. I now work 2 jobs and they are coming to my second job threating me and embarassing me in front of co-workers and customers. Will this letter let us have a little peace of mind until we can get current?

SOAPLADY · #29 04-29-2009, 03:36 PM

Unfortunately the fdcpa does not apply to the original creditor. More than likely if you dont get current, they will repo the vehicle. Talk to them every morning and work with them.

#30 05-05-2009, 07:09 AM

can a company sue you if they are in bankruptcy?

paulmergel · #31 05-05-2009, 07:11 AM

actually,if a company is in bankruptcy.they will make a stronger effort to collect outstanding debts.that does include suing if needed.

#32 05-05-2009, 07:18 AM

I AM BEING SUED BY CHRYSLER FINANCIAL FOR A LEASE VEHICLE THAT I VOLUNTARILY TURNED IN. CHRYSLER IS CURRENTLY IN BANKRUPTCY, CAN THEY STILL SUE WHILE UNDER BANKRUPTCY REORGANIZATION?