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FYI · 05-05-2009, 07:59 AM

I believe they are still entitled to collect money owed to them by any legal means.

05-06-2009, 12:40 AM

would that be because you still have the "debt collector " mentality in your bone or is this still your profession? They are entitled if they do it legally without harrasmement and can provide validation...and if this is done the courst can provide a judgement which will eventually go away if the person can not pay within the sol..this is the risk that credit cards take..why they make sooooo much money and charge such huge interest rates...double billing tactics etc...because they can and they do and they also include their projected losses into every future purchase you make with a credit card....if you can't pay DONT...it will go away and your credit score will be bad for a few years..but this all goes away with time sorry j.m.o.

SameBox Response from paulmergel:

i also said that before FYI did.that's the fact.a company can still collect in BK.besides nobody subscribes to your point of view.later.

Chrys Henderson · 05-06-2009, 02:44 AM

Umm, that first sentence was uncalled for, especially considering that you said what she said in the next sentence. She said "BY ANY LEGAL MEANS". ***LEGAL***.

Suggesting that someone ignore their legal obligations (and since a debtor signs a contract, they are legally obligated to pay back exactly as the contract states) is highly unethical, and in the case of debts, can be downright destructive.

We are for the truth here, the facts of the law, and of due process. We are not here just to play cheerleaders for the "I hate all creditors" crowd.

There is no law stating that a company that is filing Chapter 11 cannot sue a debtor. That is the facts. If you do not like the answer, petition your Congressperson and Representative to introduce a Bill in the Legislature to make it illegal.

And just because a person voluntarily returns the car does not absolve them from the debt. A lease is different than purchasing it, this person violated their lease contract by ending the lease early. Those policies for early cancellation would be on the Lease Agreement if you need to be sure exactly what they are.

05-07-2009, 12:17 AM

I understand the mods here are here to help the site who "consolidates debts" If no one consolidates..no one here has a voice or a reason and the site downt make money it makes a lot of sense that you try to help with bad "creditors" but that you get people to try and pay their debts because the site makes money with "debt consolidation consultations" you are right everyone should pay their debts but I thinks if they end up here on this site most arent going to pay and looking for more "laws" on their side to get out of the situation

SameBox Response from paulmergel:

spoken like a true humanoid.

Chrys Henderson · 05-07-2009, 01:05 AM

No, I disagree. While there are a few dishonest collection agencies and a few dishonest debtors, most that come here are being treated illegally by collection agencies and being told all kinds of false threats that place them in genuine distress.

People should try to pay their debts because it is the right thing, the ethical thing to do.

There are no ways to get out of paying your legal debts, except for getting a cell phone, and constantly moving and changing jobs (a consultant or a temp is a handy way to avoid garnishments) and hiding out for 7 1/2 years. That's a loooong time these days.

05-07-2009, 01:29 PM

I get daily calls from Allied Interstate, and I owe them nothing. I have excellent credit and owe no creditors. How do I get them to stop calling me. I called the number back that comes accross caller ID and it is a number not in service.

FYI · 05-07-2009, 02:29 PM

They are probably useing a # that can not receive incoming calls, personally I think that is dumb.. but hey.. it's not my company. Look them up online.. call them.. tell them to stop. easy pie.

Chrys Henderson · 05-07-2009, 07:42 PM

Mail them a Cease & Desist letter via Certified Mail, Return Receipt Requested. Put on the letter specifically that this is not your debt and they are to leave you alone or you will file complaints with the FTC, the FCC, and your State's Attorney General.

05-08-2009, 10:09 PM

you will have to file all those complaints because I believe once the debt has been re-sold...these second feeders down to the bottom feeders will ignore the fact that you can prove they received your cease and desist...I would add to Chrys above...pay more than the certified return receipt requested...I got a few "nixie" letters returned after a month or so that these bad debt collectors simply would not sign for the mail I sent...it has been quite a while since that happened but you need to when you go to the post office and they ask what you want...it is more than certified, return receipt requested..that you need to purchase...because I had several of those returned undeiliverable but when I resent and spent more money...I think it is Express Certified? sorry I don't remember...all I know is I was then provided with tracking and the employees name who HAD to sign for the delivery..simple certified and return receipt requested? These bottom feeders know every angle how to ignore those and chrys...I am verysurprised you didn't acknowledge that info here?

NASCAR_Devil · 05-09-2009, 03:59 AM

CMRRR or Priority work just fine. Another "Humanoid" post.

Chrys Henderson · 05-09-2009, 05:14 AM

If you mailed it to them and they did not accept it, then that is their fault and will be taken into evidence against them in court if they should decide to sue. If you want extra protection against that, I would also send a dispute to the CRAs with copies of the the C&D and the returned (& unsigned) green card and the returned envelope - copies, of course. The CA is legally required to comply and can no more get away from it than you can from a parking ticket on your windshield that you casually toss to the ground without looking at. ESPECIALLY if you back that up by telling them to Cease & Desist over the phone.

Certified mail has a tracking #, so your information is inaccurate.
("http://www.usps.com/send/waystosendmail/extraservices/certifiedmailservice.htm")

05-09-2009, 08:43 PM

okay so if you send a certified and get it returned to you as "undeliverable" and it somehow gets returned after the "time frame" you were allowed to dispute the debt and demand validation..and the company says..we never got any correspondence from you..because they would not accept your simple certified attempt and you got that green card and later your letter returned as "undeliverable" don't you have an even harder process because they will not admit you responded with a debt validation within the time frame allowed for disputing...do not contact me further until you provide validation etc.etc.....certified mail does have tracking BUT if person on the other end refuses to accept the simple certified letters...they are indeed returned....I know because it happened to me and I used to work at the post office more than 30 years ago and was very surprised this happened! Maybe you guys are talking about reputable debt collectors..I was referring to what a nightmare I had to deal with getting these bottom feeders to leave me alone and it took paying I think it was almost $18 a letter in order to get the info of "attempted delivery to "name" time etc. I don't care if ya wanna call me a liar just tried to help someone here and I guarantee that there are other people who have sent a "green card" certified letter and the collection company has refused them and the debtor was wondering how in the hell did that happen?

05-09-2009, 08:47 PM

p.s. Chrys if you do not believe me I still have the green card simple certified letters I got returned in my safe..I am saving for seven years after the fact...I could scan those and e-mail them to you?

Chrys Henderson · 05-10-2009, 09:16 PM

What I am saying is that if you follow the proper process, then you should be ok. If you do *not* follow proper process, then you will *not* be ok. And "you" means everyone involved in the situation.

All I'm saying is that is they don't accept it it is THEIR fault. You have the evidence to show in court that you are being responsible. Period. CYA....

05-11-2009, 11:07 AM

where can i find the information or state/federal laws that gives the consumer the right to request debt colletion be ceased by creditors and allowing that individual to deal only with the original collector to pay off any debt.

NASCAR_Devil · 05-11-2009, 08:01 PM

Sec 805 of teh FDCPA covers cease comms:

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.