Debtconsolidationcare.com - the USA consumer forum

pay off debt

Date: Tue, 08/09/2005 - 17:23

Submitted by Sydney078
on Tue, 08/09/2005 - 17:23

Posts: 6 Credits: [Donate]

Total Replies: 8


Hi I am new here and really need help but not sure what option I need.

When I was 19 I was stupid and got my first credit card, from Aspire Visa- dumb me. The max credit limit was somewhere between 500.00 - 1,500.00. It has been so long since I used it (1999) that I cant remember to be sure.

Anyway, I used it and made payments and then Aspire started calling saying they were late then later they would call saying they werent getting payments at all, even though I had been sending them.

Eventually bills came to me less frequently. I am not sure if they thought I just wouldnt pay them. I made several payments over the phone. Then they just stopped all together

Now, I have recently received a letter from a lawyer stating that Apire Visa had turned my account over to them and that I owed 4,000.00. The law office stated that they would consider the debt paid off if I could make a 3,000.00 payment within 10 days. There was no way I could come up with that kind of money within 10 days! So, they said that if I paid it by the 15th of this month, they could settle it at 3,854.00. They gave me an additional week and a half- which I am still unable to come up with that kind of money.

Today I get a call from law office stating that "if the $3,854.00 is not paid on the 15th we will have to seek further legal action"

Great! I have no idea what to do. I dont even own anything to sell to get that kind of money. I have no idea what to do or where to even go for help with this. Any advice is GREATLY appreciated


Sydney078 - Firstly, you need to know if the said debt is with the Statute of Limitation period. Please tell us the state where this debt originated and also the date of last delinquency? Your SOL period will be calculated from that period.

If the debt is past the SOL period then the lawyer cannot force you to pay this debt. You can send them a written notice stating the expiry of the SOL period and thus you can stop further collection calls.

If it is within the SOL period, then you have the legal right to know the proper accounts of the said debt. Please ask them to validate the debt which will furnish all the necessary details including the total amount owed, the interest charges, the agreement letter that the lawyer is assigned to collect the debt.

If they can provide you with accurate information, then you can look for organize a payment plan with them. You can send a written notice mentioning the amount that you agree to pay each month.

I assume they will not take any legal action against you if they find you willing to pay the said debt. They wish to pressurize you legally so that they can recover money as much as possible. Filing a case against you will involve court costs and that won't make you pay the said debt completely in anyway.

Please start your move by first determining the SOL period, then asking them to validate the debt and thereafter organizing a reasonable payment plan.


lrhall41

Submitted by ben on Tue, 08/09/2005 - 17:37

( Posts: 2034 | Credits: )


well, I got the credit card while I was serving in the Army in Texas. Hell, I think the last payment was made somewhere like in 2000 or 2001.

I saw once on Court TV that a creditor took a kid to court over a credit payment but the Judge threw the case out due to the fact the yes, the kid did sign the Credit Card agreement but that no one from the Credit Card company signed the agreement and sent him a copy back so the Judge said the agreement was invalid as the creditors signature was not on the agreement. I dont remember if there was even a place for them to sign but it really got me thinking as I am at my wits end right now.

They said that if money is not paid by Monday to expect "further legal action" Well, they can take me to court, but I still dont have anything to give them


lrhall41

Submitted by Sydney078 on Tue, 08/09/2005 - 17:50

( Posts: 6 | Credits: )


Hi Sydney078

Welcome to the forums. Please pull your latest credit report from the three bureaus and verify this account. It will provide you the complete details of the mentioned account. After getting the credit report, we can decide further moves.

Until then, you can ask the collection agency to validate the debt. As per the fdcpa law, you have the right to refuse payment to the said debt until it has not been validated.

Also, you can ask to stop further communication by sending a cease and desist letter through certified mail with return receipt request. This will help you in trailing all your correspondence.

Be rest assured that the lawyer will not take any legal action against you as long as you are willing to pay and until the debt has been validated.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 08/10/2005 - 15:00

( Posts: 4009 | Credits: )


Thank you for all of you help.

I did pull all three of my credit reports and found the Visa bill and found this:

From the TransUnion Report:

JEFFERSON CAPITAL SYSTEM #XXXXXXXXXXX

16 MCLELAND RD
SAINT CLOUD , MN 56303
(866) 417-2591

Balance: $3,377 Date Updated: 06/2005 Original Balance: $3,377 Original Creditor: 12 ASPIRE VISA Past Due: >$3,377< Pay Status: >Collection Account< Account Type: Open Account Responsibility: Individual Account Date Closed: 06/2004 Loan Type: Open Account Remark: >Placed for collection<
Date placed for collection: [ 06/2003] Estimated date that this item will be removed: 10/2009


Experion did not list anything regarding the Visa, nor did Equifax

I have never received ANYTHING from this Jefferson company, EVER. The company I received a letter from this past week was Michael Pinski (sp) Law Offices, whom I never heard of prior to this

It doesnt even show anything from Aspire themselves. No date of when the ORIGINAL account was opened... I know it was around 1998 and when they closed the account or when I became delinquent with Aspire

Via this forum I found a validation letter in which I copied and plan on sending off ASAP

****

I did however see on my Experian Report that I had negative from CITI with an account from that year (1998) However, I never went through CITI. My account was with Aspire Visa (I wonder if CITI ran Aspire)

Anyway- the info listed there is:

Status:
Paid,Closed/Current, was past due 60 days.



Date Opened:
11/1998
Type:
Revolving
Credit Limit:
$500

Date of Status:
05/2003 Terms:
NA High Balance:
$828

Reported Since:
11/1998 Monthly Payment:
$0 Recent Balance:
NA

Last Reported Date:
05/2003 Responsibility:
Authorized user Recent Payment:
NA



Creditor's Statement:
Account closed at credit grantor's request.


Doesnt really say date of delinquency so I dont know if I am within the SOL or what state it applies by. I got the card in Texas in 1998, lived there until 2000, moved to Hawaii for 3 years and now in South Dakota. Does my SOL period go under Texas or SD law?


lrhall41

Submitted by Sydney078 on Wed, 08/10/2005 - 17:02

( Posts: 6 | Credits: )


Sydney078 - Now, your move should be to circle all the points in your credit report that you consider to be in dispute and send a written letter to the necessary bureau asking for verification. The bureau will conduct an investigation and inform you about the change within 30 days.

You also have the right to dispute with your creditors and ask them to justify the said point. If they can't provide you with sufficient valid reasons, then they have to get it removed from your credit file.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 08/10/2005 - 17:54

( Posts: 4009 | Credits: )


Does anybody out there have a sample debt settlement letter I could use....

Thanks People--them against us

Barry


lrhall41

Submitted by on Mon, 08/22/2005 - 15:52

( Posts: | Credits: )


i am sorry for what for what has happened to you and i hope things get better for you


lrhall41

Submitted by chmartinbaby06 on Sun, 09/04/2005 - 18:39

( Posts: 381 | Credits: )