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Genesee Valley Associates called from 800 392 3100 & threatened to sue

Date: Fri, 02/09/2007 - 20:46

Submitted by hngboyuc27
on Fri, 02/09/2007 - 20:46

Posts: Credits: [Donate]

Total Replies: 207


Genesee Valley Associates at this number 1 800 392 3100 is planning to sue us for the amount we owe of seven thousand seven hundred dollars ...This is for an unpaid bill that we had with union bank credit card. IT started in collections in may of 06 and we did not respond to their repeated calls and now in febuary 07 we are being sued..An attorney named Douglas Radcliff is suing us he wants us to pay them the 7700 dollars we owe by the 19th of febuary...This is not possible. We are willing to make monthly payments i told him but he does not want to hear it..Do you think this is legit? Do you think Genesee Valley Associates really are going to take us to court? They said that someone is going to show up at our house in a few days...We do want to pay this i lost my job in may and i was the one paying it..Its my fathers account though he is disabled from a stroke and he has a pension he gets every month for 1400. THey are really scaring me...What can they actually do? Can they touch his bank account? We are willing to make payments in increments montly but they dont want to hear it...He sounds very threatening...I feel so bad for my father since i got him into this i kept putting it off till now...The collection agency, Genesee Valley Associates, was atlantic express who gave it over to this attorney...My friend says its a scame that they are all the same thing...i need feed back please..If we show up at court what can they actually do to us? Any info is appreciated thanks


It is difficult for some third party collection agencies to obtain the paperwork you folks request. Simply because it is not always transfered as it gets sold to different collection agencies. Just a downfall of the system we operate in. In most cases I will just advise a consumer to check their CBR, as the agency will (should) be shown as the owner of the debt. Also, in most cases the collection agency calling you is not working on behalf of the creditor, so they do not always even have access to all of the paperwork. They should be able to provide you with a validation of debt-basically paperwork showing they are the rightfull owners of the account. Also, most consumers just use the requesting of this paperwork as a stall tactic. So some collection agencies take it as a sign the consumer will not ever pay anyway. It is easier to just sell it off then actually sue the consumer


lrhall41

Submitted by brooklyn184 on Mon, 12/31/2007 - 06:41

( Posts: 10 | Credits: )


Well, for me, therin lies the problem.

When the oc charged us off, after paying for 23-25 years on an account and sold it- a junk debt buyer bought it. Originally I told them about the debt, we had overpaid by thousands, etc. They didn't validate that they had they debt-passed it to another, and the cyle got viscious. I cannot count how many CAs have sent letters- wouldn't know who really had the debt-no one can provid me with anything that even resembles they might have the debt.

There are also CAs who try to collect from people that do not ,or never had a debt to begin with- thus the debt validation process..KAren


lrhall41

Submitted by Bossy4455 on Mon, 12/31/2007 - 09:08

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Bossy, from our point of view..some of the responsibility lies with the consumers. Do you have the paperwork to show that you overpaid? If so any half-way legit collector should take that into account and either credit you the money towards the bill, or close it.
We as collection agencies will never close account without written proof. The same way you as conumers should never pay bills that you do not have the offer in writing!

Cajun---Happy New Year to you too!!!


lrhall41

Submitted by brooklyn184 on Mon, 12/31/2007 - 12:25

( Posts: 10 | Credits: )


[quote=brooklyn184]It is difficult for some third party collection agencies to obtain the paperwork you folks request. Simply because it is not always transfered as it gets sold to different collection agencies. Just a downfall of the system we operate in. In most cases I will just advise a consumer to check their CBR, as the agency will (should) be shown as the owner of the debt. Also, in most cases the collection agency calling you is not working on behalf of the creditor, so they do not always even have access to all of the paperwork. They should be able to provide you with a validation of debt-basically paperwork showing they are the rightfull owners of the account. Also, most consumers just use the requesting of this paperwork as a stall tactic. So some collection agencies take it as a sign the consumer will not ever pay anyway. It is easier to just sell it off then actually sue the consumer[/quote]

I understand and appreciate your position. Having said that, I'm certain that you will appreciate my points here.

Without paperwork to properly validate the debt, how am I to know if it's legitimate or not?

Check my CBR? Right. Collecion agencies [in general, not pointing any fingers here] never enter bogus information, do they?

You don't have access to the paperwork? Tough. Why not? You didn't get it from the seller when you bought the debt? Then you bought a defective product. Not my problem, go after the seller.

Legally, validation requires more than just proof of ownership of the account, and we both know it. Quit stalling and deliver the goods as required by law, or admit that you bought a defective debt and close the account.

Requesting validation of a debt is a stalling tactic? Hardly. In today's junk-debt-fueled climate, it's a necessary precaution. If I call you up and say you owe me a few grand from 'way back in the day, are you gonna sennd it to me Western Union before 5:00 PM? Didn't think so.

OK, so you've got a defective debt that's uncollectible because you can't validate. Hmmm.... What to do? Admit you screwed up? Or sell it to the next collector, thus perpetuating the cycle, proving that your agency has the ethical sense of a turnip, and [dare I hope] leaving yourself liable for selling a defective debt.

Again, this is not to point any fingers. Just presenting a differing point of view. Have a great holiday!


lrhall41

Submitted by unclewulf on Mon, 12/31/2007 - 15:14

( Posts: 3172 | Credits: )


[quote=brooklyn184]Bossy, from our point of view..some of the responsibility lies with the consumers. Do you have the paperwork to show that you overpaid?[/quote]

Umm.... Don't look now, but you just proved my point. Thanks! :)


[quote=brooklyn184]If so any half-way legit collector should take that into account and either credit you the money towards the bill, or close it.[/quote]

If you're all that legit, and she has the paperwork to prove a massive overpayment, how about you just refund the nice lady's cash? Yeah, I know. You aren't the ones who overcharged her. But you say you legally own the account now, so in my book, you're responsible. Pay up.


lrhall41

Submitted by unclewulf on Mon, 12/31/2007 - 15:25

( Posts: 3172 | Credits: )


My point was more speaking to the debtors who know very well about the debt but hide behind requesting paperwork to stall the proceedings. Or the debtors who hide behind the statue of limitations as a reason they are not paying back the debt. If the debtor honestly doesnt know about the debt, a responsible collector SHOULD do everything possible to validate the debt. Again, I am more speaking to the "professional" debtors who use the system against itself. And to answer your question, yes I would send you the money--just not western union!
As a collector I cannot afford to take what a debtor tells me at face value. It doesnt sound strange to you if someone said they overpaid by thousands of dollars?
Also I have a huge problem with the term Junk debt. Do you think collectors sit at home making this stuff up? It is not junk, just because it may be a little older does not mean you don't owe it. Put yourself in the shoes of the creditor. They gave you the money, don't you have an ethical responibilty to pay it back? What if these people borrowed money from you, would it matter if it was 2 years past due? Is it junk to you?


lrhall41

Submitted by brooklyn184 on Tue, 01/01/2008 - 18:26

( Posts: 10 | Credits: )


Sorry Brooklyn184, I always request validation because I want to know if the person that is saying I owe it actually owns it. I had a collection agency (still not sure if they were real) call me trying to collect on an account that was being handled by another agency that I was paying off. The only info they could give me is what is on my credit report (I think someone did a promotional check) I called the company I was dealing with and they were not aware of it. After that I always want to get solid proof as my check book is stretched tight enough as it is and I want to make sure that everything I spend is going to where it is supposed to go.

But if it's mine and you own it, I'll pay it.


lrhall41

Submitted by JCEMT on Tue, 01/01/2008 - 18:52

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Jcemt- That actually happens because most accounts are not sold indivdualy but as bigger portfolio's. Basically they are just excel spreadsheets,so mistakes can be made when one account is double sold. All you would have had to have done was provide some documentation to the second agency and they HAVE to back off.


lrhall41

Submitted by brooklyn184 on Wed, 01/02/2008 - 12:59

( Posts: 10 | Credits: )


my point is very simple I think

If someone knows they owe a debt but then has a collection agency calling them..they should always request validation..not as a stall tactic or an attempt to hide from the debt..but as proof for themselves that when they do pay..it will be cleared up from legitimate company and will not be resold to someone else..

in this world of identity fraud..junk debt portfolios..etc brooklyn has proven to me that everyone should request validation..

it should not be hard at all to prove that someone actually owes the debt you are trying to collect..that is why the term "debt validation" originated

it's not about payment or overpayment verification ..I don't think..the proof lies with the accuser as it always should and always will..not at all a stall tactic I don't think ..but instead a matter of common sense


lrhall41

Submitted by socksfullofrocks on Thu, 01/03/2008 - 23:23

( Posts: 488 | Credits: )


SocksRocks...what you are talking about is not debt validation it is called an affidavit of debt. Proving the ownership of the debt by the company in question. That is easy. I agree with you on that point. Requesting Validation of debt includes full itemization and much more paperwork. That is harder.


lrhall41

Submitted by brooklyn184 on Fri, 01/04/2008 - 05:10

( Posts: 10 | Credits: )


I also would just encourage Brooklyn to search this sight of how many people have had unknown debts that they have already settled or thought they did..show up on credit report years later..for instance during financing or refinancing a home.. ..
how about if they paid it once? then twice? and it still shows up ten years later ? Because proper validation of the debt was never originally requested as far as who actually owned it and what the amount owed to settle debt once and for good was?
Validation is not a stall tactic or an added excuse for someone not to pay...it is instead a needed piece of information that consumer files and can provide years later if debt unexpectedly shows up again with a different name and number.


lrhall41

Submitted by socksfullofrocks on Sat, 01/05/2008 - 00:24

( Posts: 488 | Credits: )


It is difficult for some third party collection
agencies to obtain the paperwork you folks request. Simply because it is not always transfered as it gets sold to different collection agencies. Just a downfall of the system we operate in. In most cases I will just advise a consumer to check their CBR, as the agency will (should) be shown as the owner of the debt. Also, in most cases the collection agency calling you is not working on behalf of the creditor, so they do not always even have access to all of the paperwork. They should be able to provide you with a validation of debt-basically paperwork showing they are the rightfull owners of the account. Also, most consumers just use the requesting of this paperwork as a stall tactic. So some collection agencies take it as a sign the consumer will not ever pay anyway. It is easier to just sell it off then actually sue the consumer

these are your words Brooklyn..I think it would be much easier if your industry would simply provide facts and proof..people who stall or act like they don't intend to pay probably don't believe company has provided enough validation..perhaps I am wrong ...but can understand why people don't trust your industry..yet I do value your opinion as you have been very respectful in your posts that I have seen...


lrhall41

Submitted by socksfullofrocks on Sat, 01/05/2008 - 00:33

( Posts: 488 | Credits: )


[quote=brooklyn184]My point was more speaking to the debtors who know very well about the debt but hide behind requesting paperwork to stall the proceedings. Or the debtors who hide behind the statue of limitations as a reason they are not paying back the debt.[/quote]

Proving my point is my job. You should stop doing it for me, huh?

Agreed that there are some percentage of people who are, as you call them, 'professional debtors'. There's good and bad pretty much everywhere. How is it that you, as a collector, know who's a professional debtor and who's trying to play straight but has fallen into a stretch of hard luck? You can't. Credit reports? So what? They only show a maximum seven years, and only a thin summary of that. That's not enough information to prove intent. Are you psychic?

[quote=brooklyn184]If the debtor honestly doesnt know about the debt, a responsible collector SHOULD do everything possible to validate the debt.[/quote]

So... Again, how do you know whether or not they know about the debt? Or have honestly forgotten it, if they did know? Mental telepathy?

[quote=brooklyn184]And to answer your question, yes I would send you the money--just not western union!
As a collector I cannot afford to take what a debtor tells me at face value. It doesnt sound strange to you if someone said they overpaid by thousands of dollars?[/quote]

You oughtta PM me your phone number so I can call you about that $26k. I'd like a new Harley for spring. Seriously, after your statement about taking things at face value, do you expect an alleged debtor to do precisely that? Please don't be disingenuous.

And no, it doesn't sound all that strange to me that somebody could pay thousands more than they owe, over a period of decades. People move, papers get lost, memories fade. In short, we're all human.

[quote=brooklyn184]Also I have a huge problem with the term Junk debt.[/quote]

You will, perhaps, understand if your discomfort fails to move me. The term is accurate. Grow a pair and live with it.

[quote=brooklyn184]Do you think collectors sit at home making this stuff up? It is not junk, just because it may be a little older does not mean you don't owe it.[/quote]

How am I to know how some collectors arrive at their information? Unlike you, I'm not telepathic. If it's old, then yes, it's probably still valid. In which case you or the original creditor should be paid as promptly as possible, after you validate the debt. If you can't validate the debt as required by law, then yes, it's junk. As in legally defective. Lacking in merit.

[quote=brooklyn184]Put yourself in the shoes of the creditor. They gave you the money, don't you have an ethical responibilty to pay it back?[/quote]

Sorry, boy. That sympathy line don't work on me. You want sympathy? It's in the dictionary, 'bout halfway between sh*t and syphillis.

[quote=brooklyn184]What if these people borrowed money from you, would it matter if it was 2 years past due? Is it junk to you?[/quote]

Not at all. Unlike some, I'd simply drag out the papers to respond promptly to their request for validation. If that didn't do it, I'd pursue the matter legally. What I wouldn't do is call umpteen times a day, cause them problems at work, make a bunch of idle threats, lie, and all the other things that make collectionagencies so cute and loveable.


lrhall41

Submitted by unclewulf on Sat, 01/05/2008 - 13:35

( Posts: 3172 | Credits: )


[quote=brooklyn184]Jcemt- That actually happens because most accounts are not sold indivdualy but as bigger portfolio's. Basically they are just excel spreadsheets,so mistakes can be made when one account is double sold.[/quote]

Spreadsheets?

Listen. I'm an IT consultant that deals a lot with data warehousing. It's not a big deal to provide full documentation when you sell a debt portfolio. There are any number of good, reliable document-management solutions on the market that would allow all the papers to be kept track of, long term. Some of the best solutions are even free to use. Spreadsheets are fine, but they are meant to be used as worksheets, not primary documentation.

[quote=brooklyn184]All you would have had to have done was provide some documentation to the second agency and they HAVE to back off.[/quote]

And sell it to another agency, right? Gimme a break......


lrhall41

Submitted by unclewulf on Sat, 01/05/2008 - 13:47

( Posts: 3172 | Credits: )


[quote=socksfullofrocks]my point is very simple I think

If someone knows they owe a debt but then has a collection agency calling them..they should always request validation..not as a stall tactic or an attempt to hide from the debt..but as proof for themselves that when they do pay..it will be cleared up from legitimate company and will not be resold to someone else..

in this world of identity fraud..junk debt portfolios..etc brooklyn has proven to me that everyone should request validation..

it should not be hard at all to prove that someone actually owes the debt you are trying to collect..that is why the term "debt validation" originated

it's not about payment or overpayment verification ..I don't think..the proof lies with the accuser as it always should and always will..not at all a stall tactic I don't think ..but instead a matter of common sense[/quote]

You, my friend, have hit the nail squarely on the head. Kudos.


lrhall41

Submitted by unclewulf on Sat, 01/05/2008 - 13:50

( Posts: 3172 | Credits: )




There are other reasons for demanding validation in full, and you know it. Does your agency actually have the right and authority to collect this debt? [And don't tell me to check my CBR, either. I'm not that big a fool.] How do I know the amount is right? Why should I be asked to pay fees unless I understand why they were added. Come on, brooklyn184. You're straining your credibility here.


lrhall41

Submitted by unclewulf on Sat, 01/05/2008 - 14:14

( Posts: 3172 | Credits: )


brooklyn... I honestly feel your inputs from the other side are a plus here and I am glad you are still lurking!!!!
but about beating the dead horse..I swear to ya this is what happened to me last nite..husband and I have 4 horses on property and one of them laid down last night we got home around 10:30..we couldn't get her up..even used our tractor as last resort..vet couldn't be reached that late.. I swear I thought our beloved "molly mc butter" was a gonner...
vet shot that sick horse full of something this morning and she is friskier right now than she has been in five years!
I too would never beat a dead horse..but I wouldn't give up on one who is simply lying down and needs help!


lrhall41

Submitted by socksfullofrocks on Fri, 01/11/2008 - 23:56

( Posts: 488 | Credits: )


hi Brooks..Molly is now no longer kicking as we speak that shot of wonder juice from the vet.. I think just allowed her to bring us more joy and remember her in the majestic glory that she once was before our now"dead horse" has been hauled off and buried..yet beating the dead horse and the brooklyn bridge are still very pretty images so to speak..

what to say to a lady on a horse? or a man on a horse? or no horse in the picture? same thing as anyone would say to anyone? thanks again for your response!


lrhall41

Submitted by socksfullofrocks on Thu, 02/07/2008 - 22:28

( Posts: 488 | Credits: )


Genesee is a scam...they have contacted several of my friends and family about a debt that was a charge-off but paid after dealing with an attorney...much to my suprise, Genesee is claiming that it was not paid. This debt was about 6 years old now and I paid it 2 years prior. Luckily, I kept the receipt of the full payment...so you see...Genesee sought out people with old debts and especially the ones that are soon to be discarded...any debt after 7 years old CANNOT be collected unless otherwise directed by the creditor through a legitimate attorney. You must receive a written letter, a phone call cannot be considered a legitimate debt without proof in documentation. Genesee does not have attorneys. By writing a cease and desist letter to them will stop the phone calls and by law, since you made that request Certified Return Receipt and by fax, they must comply otherwise you have the proof you need to file suit against them and collect monetarly. Genesee is a scam and there are several people who call and have several AKA. My attorney has filed a suit against them for the illegal practices as well as their harrassment.


lrhall41

Submitted by anonymous on Wed, 07/02/2008 - 21:48

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To the obnoxious guy defending all the dead beats!!! - Listen Buddy, some collectors are rude, and dismissive, but that is mainly because debtors fail to pay their bills, and become responsible adults. Simple fact - pay your bills and don't get harassing calls. Or, if you owe money, make arrangements as soon as possible, and keep your promise!!! fdcpa laws are here to guide consumers, and to mediate prevalent issues...thats it.


lrhall41

Submitted by anonymous on Fri, 10/10/2008 - 08:18

( Posts: 202330 | Credits: )


i see joe troll is back.listen,the fdcpa is in place to stop people like you from acting criminally.by the way to threaten arrest,garnishment.calling everyone iv'e ever met.calling work constantly is against the law,the FDCPA to be exact.so glad you returned to show everybody what and the FDCPA is meant to stop.YOU JOE TROLL!!!!!!!!!!!!!!


lrhall41

Submitted by paulmergel on Fri, 10/10/2008 - 09:03

( Posts: 15514 | Credits: )


I live in Northern California, I own some money to a credit card that I trying to negotiate, but sudenly my debit card was blocked during this long weekend, I wonder if in califonia debt collectors Agencies can sue debtors and seize bank accounts without going to court?


lrhall41

Submitted by anonymous on Tue, 10/14/2008 - 22:19

( Posts: 202330 | Credits: )


Well, in Pennsylvania today we got two calls from GV & Associates, and from what I see here, I can pretty much say I know who they are now. It's nice to see a company so diligent they'll try to collect a debt that was paid, oh let's see - six years ago. I'm sure you'll no doubt note the sarcasm in that entire last sentence.

For those looking, numbers are
1-866-508-0646 and 585-568-5912
Kim Andrews and Thomas Christianson were the callers.

I don't think I'm going to pay them a bill that is already been paid. Instead, I think I'll let them listen to our smark aleck answering machine message, until I get bored with them. Then, send them a photocopy of the receipt,...inside one of those cards that laughs at you when you open it. In my opinion, company's such as this one should be laughed at whole heartedly, and of course, frequently.

By the way Unclewulf, nice tunes dude!


lrhall41

Submitted by cybatrons on Tue, 11/04/2008 - 16:37

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I too have heard from this company and after politely requesting information in writing, via US Mail, and they balked and started to get nasty. I also informed that my employer does not approve of my receiving personal calls while at work.

I make it a point to be courteous to people on the phone, debt collector or otherwise. This woman was just plain nasty and argumentative. She threatened everything under the sun, from wage garnishment to "GVA suing" me. I was polite the whole time and kept requesting more information from them. She then hung up and called back to my employer. I'm not sure what my employer said to them but I haven't heard anything about them calling back.

Oh, and this company is NOT on my credit report in any way shape or form. This refusal for information is a bit unsettling.


lrhall41

Submitted by anonymous on Sat, 12/13/2008 - 19:20

( Posts: 202330 | Credits: )


From my experience with CA's there just doing there job. You dont pay your bills your going to deal with companies like them. They're just trying to help you pay off your debt. Just when a company like their's contacts you make sure there legit. Yeah they might be threating you, but come on, there trying to help you pay off your debt.
One piece of advice, before you make any settlement do your research and find out the exact amount you owe. Then talk business. These companies will settle for 60% of what you owe or maybe even less. Good luck


lrhall41

Submitted by anonymous on Sun, 04/12/2009 - 11:43

( Posts: 202330 | Credits: )


nice,real nice.if by researching you find out that you don't owe or this company has no right to collect then what?keep getting threatened?don't think so.personally i will never pay anybody by phone.any collector that demands that is a bottomfeeder.good luck to you too.


lrhall41

Submitted by paulmergel on Sun, 04/12/2009 - 13:37

( Posts: 15514 | Credits: )


I've worked for them before and they are very serious when it comes to legal proceedings for a debt that large. Sorry but they will pursue this for you. The debt is also new enough, legal statute in each state is different but this is less thank a year, that they are more likely to file legal proceedings.


lrhall41

Submitted by anonymous on Sat, 10/31/2009 - 15:20

( Posts: 202330 | Credits: )


Nobody can sue you over the phone, or even via regular mail. You have to be properly served, and even then, the list goes on and on. Do you actually owe the debt? You have to right to question that. Are they even properly assigned? Were you given notice that your account was assigned? Do you have a contract with this agency? (probably not. you only have a contract with the original party)

sounds like a scare tactic. Most collection agencies are scammers, and you can probably find a law or two they violated and then take them to court yourself.

But if its a collection law firm, thats a different story, but find out..


lrhall41

Submitted by anonymous on Wed, 11/04/2009 - 14:11

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