Debtconsolidationcare.com - the USA consumer forum

now I need help...

Date: Wed, 01/31/2007 - 11:50

Submitted by finsfan13
on Wed, 01/31/2007 - 11:50

Posts: 6919 Credits: [Donate]

Total Replies: 36


Ok..A few months back, I was contacted by a CA regarding a credit card I had years ago..It was before I was even married. It was re-aged..sent from CA to CA...I have a good credit score, and this thing never even showed up on my credit reports.

Anyway, when I got the call a few months ago, I told them I would need their address, because I needed to validate the debt. I said I wasn't refusing to pay, but I needed proof. They hung up on me. A few weeks after that I got another call. Once again I asked for their addy. This time they gave it to me. I sent the validation letter, kept the proof that they got it..Never heard back. To be safe I sent ANOTHER letter, and kept the proof. Still never heard back. I figured I would never hear anything again from then.

Then yesterday I got messages on my cell and my home phone telling me that if I didn't call them by 3pm yesterday they would take things to the full extent of the law because I was intending to defraud them. They were very rude, threatening messages.

So my question is..What do I do? I know that if they sue me the messages are enough to get it kicked out of court. I want to pay what I owe, but they won't validate it. My husband says DO NOT call them back, but I really want to tell them where I stand, and that I know they violated a whole bunch of rules.
What should I do??


I'd actually welcome the opportunity to face off with them in court. If they aren't going to validate the debt, which is a clear violation of the fdcpa, and they've left messages threatening you, what else can you do? I'd be willing to bet there is someone that would love to represent you in this matter.

Admittedly, I'm confrontational by nature. I WANT a good fight. You clearly have your ducks in a row - stick it to them! I'd write them another letter outlining the chronology of events, note the voice message they left, and with regard to "the full extent of the law" comment, tell them to pursue and you'll see them in court.


lrhall41

Submitted by fjv4 on Wed, 01/31/2007 - 12:00

( Posts: 62 | Credits: )


Quote:

I want to play, but I don't want to go to their field and play.


You said you reside in Michigan? Did this debt occur while you were a resident of Michigan? If that's the case, then they have to take you to court in Michigan. Did you check with your state's AG Office to ensure this CA is licensed to conduct collection activities in your state? Hell, I'd represent you if I were a member of the Michigan BAR.


lrhall41

Submitted by fjv4 on Wed, 01/31/2007 - 12:13

( Posts: 62 | Credits: )


Keep a note of everything like you are doing now. You are an informed consumer, aware of the laws. Given a chance, you need to prove it in the court.

You are safe as long as the CA is not reporting derogative remark in your credit report. They are legally not allowed to touch your file without legit information. If they have any rights, there should be no problems for them to validate the account. Monitor your credit copy regularly in case there is any suspicious activity by the CA and file a class action lawsuit. The company will be asked by the court to compensate for the damages.


lrhall41

Submitted by Bridget on Wed, 01/31/2007 - 12:15

( Posts: 348 | Credits: )


Quote:

So should I call him?


Lately, I've been writing letters telling CA's that they are not to attempt to communicate with me verbally. Why should I go out and by recording equipment to cover my ass? I make it clear that I'll be happy to communicate with them in writing, if their business is legitimate. A written record serves the purpose quite well and saves you time and money. Why let them burn up your minutes? Write a letter and take them to court!!


lrhall41

Submitted by fjv4 on Wed, 01/31/2007 - 12:28

( Posts: 62 | Credits: )


the only time i can think of that the consent may not apply is when threats are being made, no matter the nature and causing you *duress*. Throw 'em a real curveball, inform him your recording your conversations because you are concerned for your personal safety & his actions/language/tone of voice make you think he might be *stalking* you.

Still get that cellphone numbre changed because now, it's gonna be made public. I'll bet A dollar on it!

;)


lrhall41

Submitted by texasconsumeractivist on Wed, 01/31/2007 - 12:52

( Posts: 664 | Credits: )


Find out what the SOL is in your state. If this debt is 11 years old, it is highly likely that they will not be able to do anything legally to you. I would write a letter and let them know that you know the debt is out of SOL and any further communication will be considered harassment and will be dealt with legally, cc the BBB and FTC. They will go away quickly.


lrhall41

Submitted by Mocha Latte on Wed, 01/31/2007 - 13:20

( Posts: 21 | Credits: )


Quote:

It was re-aged..sent from CA to CA...I have a good credit score, and this thing never even showed up on my credit reports

So, are you saying that everytime an account gets bounced around from CA to CA, the debt reages? I just want to make sure that I'm understanding this. Ex. If something on my credit report has a "date of last activity" from Oct 2003, and then this month, they sell it to another CA, the SOL will start all over? If so, I wasn't aware of that.


lrhall41

Submitted by brownsugar on Wed, 01/31/2007 - 17:13

( Posts: 1389 | Credits: )


Fins-this is what happened to me, almost! I came on this forum a year ago because of a CA threatenting me,LVNV. I have sent DV letter after letter, talked to them, they don't fully validate, just pass it to someone else. This has been a year now!! I wrote everything in my debt validation letter, including the SOL, that they had made threats and harrassing phone calls, etc! It was signed for, and now if they take me to court, I'll have proof of their nasty tactics, no validation, etc. If it's out of the SOL, be carefull if you talk to them on the phone, they can screw it around that you are acknowledging the debt. Good Luck! I'm here is you need me!!..KAren :D


lrhall41

Submitted by Bossy4455 on Wed, 01/31/2007 - 17:50

( Posts: 5854 | Credits: )


The date that the debt can remain on your credit report is 7 years from the date of first delinquincy. For example, you have a credit card and your first 30 day late was 01/02 and you never brought the credit card current again and the card was charged off. The account was sold to a collection agency on 07/04, never collected and sold to another collection agency on 01/05. The date that the debt would have to be removed from your report would be 01/09 (7 years from the first date it went into default). Additionally, say your state has a SOL of 4 years, you can not legally be held liable for the debt after 01/06; however, it can still show on your credit report for another 3 years.


lrhall41

Submitted by Mocha Latte on Wed, 01/31/2007 - 18:04

( Posts: 21 | Credits: )


Mocha raises a very good point. I was always led to believe that if a debt had passed its SOL, the only time a collector could call on the debt was if the creditor had made a recent payment, at which case the clock would start ticking again.
I think you have it all over these idiots, Fins. Go get 'em!


lrhall41

Submitted by kscornell on Fri, 02/02/2007 - 21:28

( Posts: 4407 | Credits: )


I have a debt from calvary portfolio (or something of that name) which is over 10 yrs old. They still continue to send me letters to collect. Although it is not on my credit report, but you can see where they check my report once a month, the credit bureu said where they check at does not affect my credit its more like trying to check on my updated info.


lrhall41

Submitted by traci78 on Sat, 02/03/2007 - 08:39

( Posts: 106 | Credits: )


Quote:

I have a debt from calvary portfolio

Calvary Portfolio Services. I've had my dealings with them. They are one of "Junk Debt" buyers. I would send them a letter and tell them to cease contacting you. Have you made any promises to pay or made any payments during the last 10 years? If so, then time starts over on the debt. They we're a company that misrepresented themselves by telling my commander they were representing the 9th Judicial Municipal Courts concerning a debt that I owed, and they had not been able to get in contact with me. Well it so happens, I told my commander about a phone call I received from them the week prior to this call, so my commander knew the guy was lying. I sent a letter to the Executive Vice President of CPS outlining everything this dip shit said as well as outlining the violations of the fdcpa he committed. I didn't hear from the company for over a year after that.


lrhall41

Submitted by macwetzel on Sat, 02/03/2007 - 09:08

( Posts: 10 | Credits: )