Dealing with Debt Collectors

The first thing you need to do is ask each collector to validate the debt, which means to ask them to provide you with documentation as to who the original creditor was, what the amount owed is, and so on. Send your letter to the collection agency by Certified Mail, with a Return Receipt Requested, so you have documentation proving that you made the request.

collection agencies will frequently fail, for whatever reason, to provide you with that documentation, which is fine, because if they don't, they're legally prohibited from collecting the debt. On the other hand, if they *do* validate, you'll obviously be better informed about the debt and be able to make a better decision about how to proceed for that reason.

debt validation typically takes several months when it happens at all, so in the interim, while you're waiting for validation, you might want to think about other things you need to handle, like drawing up a budget and disciplining yourself to stick to it.

Thank you :) Well the thing is we have a sum of money right now that we'd like to pay off the debts before DH leaves for the sandbox. I'm guessing faxing or calling the collectors wouldn't speed up the process?

No. For one thing, the agencies don't *want* to validate the debt because it's such a hassle, so if you fax or call them, they'll just start pressuring you to pay immediately. Also, once you've asked them to validate, they *can't* collect the debt until they've validated -- it's illegal.

Asking for validation benefits you. Either they won't validate, in which case they can't collect the debt, or they'll validate and you'll be able to get your accounts straightened out. Another benefit of asking for validation, as I said, is that it takes a few months, during which time you can start thinking about other things. For example, you need to be aware that paying off older bad debts can actually harm your credit rating and start figuring out ways to pay off the debt safely.

Ok thanks a million, I just took a look at our CR and I've noticed that there are only two collection agencies, the other two are charged off cards which have not yet been "sold" so we'll contact the creditors directly on those. I really appreciate your help, and plan on getting those letters off in the mail tomorrow :)

I hope everything goes well. Working with the original creditor is usually better, by the way... working with a collection agency can be problematic because so many of them are so shady.

Please keep us informed... it sounds like your troubles are actually pretty minor compared to those that a lot of us have, so take heart -- it's probably not going to take much work on your part to get everything straightened out. Good luck. :)

kelly? You do qualify under the servicemans debt relief act by the way

What exactly does the "servicemans debt relief act" allow?

The best info I could get fast for y'all kelly. Link here: http://www.military.com/NewContent/0,13190,Deployment_Active_Legal,00.html

Thank you, I really appreciate the advice!

Whether you live on base or not, get in touch with them ASAP! Good luck, stay in touch & holler if you need outside help. Also pass that around to the other members of your unit, ect. Get the word out!

They can collect on debt even if your request for validation. What they aren't supposed to do is collect on it before the first letter has been sent, and if it has been sent to an old address and not your current one as long as their system says it has been sent then they can collect.

Collection sgencies, most of them only report once or twice a year unless you are trying to dispute it by credit report then they will report again to counter your dispute. Credit Cards gain intrest even when charged off but it is a yearly intrest rate not a monthly.

The account numbers might not match to the CBR's because you are assigned a new account number usualy when you are placed in collections and they may or may not have the credit card number. It does depend on if the creditor allows them to have it or not. The creditor my company works with does not allow us to have the full CC#.

Also, since military members aren't supposed to be in debt I wouldn't go passing around number or web sites because you don't want that information to happen upon to a suerior officer who has it out for your spouse because that creates a whole new set of issues unless you are specificaly asked by someone.

I didn't think they were allowed to collect the debt if you did send a dv letter, especially if you are disputing the amount. That is what the FTC told me.

Excellent FYI ! Excellent!

Quote:

Quote:

FDCPA Section 809. Validation of debts

[quote][15 USC 1692g]
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
[/quote]
They do have to stop collection after a dv letter is sent by the consumer.

Thanks Mishele. There was some commenting made on FYI's last paragraph in her post. Myself, have no problem with her post overall. I researched the UCMJ as it relates to her last paragraph in an effort to suppliment it & hopefully clear up any misunderstanding. I hope it comes across in the way it is intended & not misconstrued as being disrespectful of FYI.

I'll feel pretty terrible if it does.

:(

I apologise if I was mistaken. I remeber a few years ago when my spouse was in the military sitting in one of the military's lawyers office over a certain problem and him telling us that there was supposed to be no unresolved debt on his part. So I was drawing my conclusion on previous experiences.

As for the DV letter thing, I was not thinking about the "within 30 days" period of the first letter because from most of the post here it deals with old debt where the first letter had already been sent and the first thirty days has already expired.

No FYI!!! You are just sticking to your debt collecting ways!!!

I wasn't trying to disrespect FYI in any way. I have learned a lot from her posts. I just wanted clarification for myself since I'm dealing with some low-life collection agencies myself.

I wasn't offended by anything anyone said. If and when I am mistaken about anyhting I appreciate having someone correct me so that way I don't make the mistake again.

FYI,

I do have a different question for you. Can a collection agency pull your credit report without your permission?

For Mishele: Collectors do have permissible purpose to pull a credit report.If you could prove that either their account info is incorrect or they are pulling multiple times to poison your report they can be sued under fcra.

On to topic,service members are help up to a higher standard as per moral or character.Only time I would think military would get frisky about debt is security clearances. Most service members have just as many if not more rights than regular civilian.

Who should I contact I see several capital one inquires on my report. I had an account with them but it Is PAID IN FULL!

Thanks cajun, I was never clear on that but now I am. I have one that hit my report three times in one day, the same credit report. I've got this company on all kinds of violations. This is going to get fun for me but not for them.

Quote:

roger that, mac!

*salute*

Tasha: I would need more info to comment properly so I will give you info generally.

Creditors are allowed to pull your report when you open a new account,to collect on existing account,to review an existing account, and if you are not opted out to do promotional reviews to mail consumer preapproved cards or offers.

All of the information I am giving you comes from the fdcpa & FCRA statutes.You can go to ftc.gov and study up on them. The good thing about this statute is if you can prove inquiries are illegal,they have to delete them and you have a cause of action for getting money for them.

Good Luck,
cajunbulldog :D

OK - the weatherman here in Cleveland just said that the temp is 2 degrees! Wind chill is -21!! Now what I don't understand is if it feels like -21 why don't they just say it -21? forget the 2 degrees - I don't think that should count!

weatherman's being PC irish.........


*chuckle*

Sorry - wrong thread - can someone delete this from here for me? Thanks!

From what I know, military members are just like anyone else and get in debt like anyone else. I think the misconception comes from the time of enlistment. At that time military members should not be in debt but if it's not something anyone is made aware of, they enlist anyway. This is an example of the "Don't ask; Don't tell" policy. I think that they can't enlist if they are going through a bankruptcy because it's an open court matter and enlistment can't happen until the court matter is resolved. As for the SAR, there is a lot of misconception about that too -- especially by debt collectors. If a member of the military is deployed and actively serving duty in a war zone, they are protected by the SAR. However, if they are deployed overseas and their permanent duty station is not in a war zone, then they are not protected. Because of the complexities of the SAR, most collection companies won't go after a member of the military for a debt owed until they are back in the U.S.

The SAR is very confusing because it doesn't specify under what circumstances a military members are protected and when they aren't. It's so complex that even the judicial system prefers to avoid the issue.

As for the senior officers, my belief is that their job is to ensure that each serviceman under their command is performing their job as to "ensure the mission." In other words, whatever that mission is, if the man or woman is performing in such a way as to ensure the success of that mission, that is all the senior officers, i.e., command really care about. However, if a serviceman's debts, personal life (such as a marriage or stress at home) affect their ability to perform in the mission, then that is when a senior officer gets involved. Although the military doesn't like the "black marks" that gets placed on the military by its servicemembers, they aren't going to do anything until such time as they believe that a black mark is going to occur.

We learned this the hard way with my daughter and her husband. He cut off my daughter's dependent support and had an affair with a senior officer. All of the other officers knew about it and looked the other way. Then when my daughter tried to contact her husband about it, they ran interference for him -- to the extent that when she called to his base from the U.S., even the operator would send the call off into Neverland so that my daughter hardly ever got through to the right person. When she did get through, all they would do is get surly with her and told her all they would do is take a message.

I used to hear "If the Navy wanted you to have a wife they would have issued one in your seabag". :shock: That is amazing, Debt Fairy. Have you called your Congressional representative? Trust me, that is the last thing they want, but I would say do it!

We ran this through our local congressman's office which in turn contacted the pentagon. This was after she got the judgment for over $17,000 from him and then when a portion of it got paid by the military and deposited into his account, he took about $2,000 before sending the rest on to her. The pentagon only collected about $800 for her. Basically, we've had to scratch our way through this on our own. We just filed a motion for contempt against him and a motion for sanctions against his attorney. The scum bag "volunteered" for duty in Afghanistan right after he took the money despite the fact that he was ordered to mediate as soon as possible. He's back from Afghanistan in Germany now and taking leave mid-Feb through early March. Guess he has a surprise waiting for him when he comes back. In short, we've had no assistance or support from the military on this and only limited support and assistance from the congressman's office. We've had to feel our way all along in this process. So far we are holding our own and I think it's going to end up in my daughter's favor since he never responded to her counterclaim to his initial divorce petition over 2 years ago. By now, his lack of response is deemed an admission of guilt for an At-Fault divorce.

debt collection agencies are works very efficiently,
large agencies are get more results with in short span of time, fair debt collection act is stops the debt collector, harassing the people. i know one good resource on how to manage the problems arised due to debtcollectors harassment and how to manage debts collectors.