Debtconsolidationcare.com - the USA consumer forum

CAs saying you admitted to debt

Date: Wed, 01/30/2008 - 17:28

Submitted by goldenbast
on Wed, 01/30/2008 - 17:28

Posts: 2884 Credits: [Donate]

Total Replies: 22


I have noticed that sometimes people may say something to a CA that the CA will use against them as in ‘you admitted to this debt.’. They will try to use this to get around debt validation. Do not let them do this! Remember, even if you owed the OC and admitted to it, you did NOT admit to owing the CA!!! That is key! Even if you agree they are holding the account, they still have to provide the documentation that proves they can collect, or the amount they are collecting. It is very simple. Look at all the multi-million dollar judgments against CAs. No matter if you owe the debt or not, you have the right to make sure you are not being taken advantage of! Tell the CA this!


golden this is a really good point, one that a lot od collectors refuse to accept. The law actually states that you have the right to dispute the debt "or any portion thereof". So, you can agree that you owe the debt. you can even agree that you owe the creditor. But you still have the right under federal law to request and receive the proper validation. Dont let some collector on the phone talk any of you out of your rights!! The fact is this--NO collection agency that actually has the legal documentation should have any argument when you request to see it. If they had the proof of their claim, they would simply provide it. They know that by fighting your request, they are in fact the ones stalling, because all they care about is getting their hands on the money. Some CA's dont even care if the debt is real or not, if the amount is right or not, or if they have the legal right to collect it or not!

So, protect yourselves and ALWAYS excercise your rights under the law. Dont fall for some idiot on the phone telling you to "stop stalling"....he doesnt have the legal right to argue against your request.


lrhall41

Submitted by skydivr7673 on Wed, 01/30/2008 - 20:04

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Resurgence Financial LLC is suing me for a debt that isn't mine. I have filed my response - debt not validated and SOL. I pulled all three credit reports and there is nothing on it for a Citibank, Resurgence Financial, nothing! I was fortunate to have family members that actually gave me my Summons which was served at an address that I have not been at for 10 years. The summons was the first contact that I have had from this company. However looking a little closer at my credit report, they actually ordered a copy of my credit report? Is this an unusual? I have completed my Case Management Hearing where I disputed the debt and was granted a "discovery" hearing in which the plaintiff must provide proof of this debt and then a trial date was set just in case if it is necessary. I need help because I don't know what to expect next, what I should ask for and what my legal rights are to have a company just sue you out of the blue and hope that they receive a default judgement? Not me. Can you help?


lrhall41

Submitted by on Thu, 04/03/2008 - 16:28

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So I have a question, I got the interrogatories from LVNV fundings attorney. It has about 30 questions on it. It asks if the account # is mine. Do I say yes if it is? Also it asks if I charged on it. THEN it asks if I let other people charge on MY account, kind of a trick question. How can I answer no? That question alone is stating it is my account. Do I just deny everything or answer truthfully?


lrhall41

Submitted by pokertramp on Fri, 04/04/2008 - 17:07

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I've actually had CA's tell me they were "not obligated" to mail out a 'bill', on my debt. That doesn't make sense.This same CA said he would NOT "accept payments other than bank drafts." OMG!! I KNOW that's not true. I have made payments ( to different companies) through MoneyGram or Western Union.


lrhall41

Submitted by sdchargers_63 on Fri, 04/04/2008 - 17:15

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So I have a question, I got the interrogatories from LVNV fundings attorney. It has about 30 questions on it. It asks if the account # is mine. Do I say yes if it is? Also it asks if I charged on it. THEN it asks if I let other people charge on MY account, kind of a trick question. How can I answer no? That question alone is stating it is my account. Do I just deny everything or answer truthfully?

Ya know, I honestly don't know the answer to this question, but I would like to know. When you think about it, how many people actually remember what their account numbers were on a credit card account, I know I don't. And, if a CA's attorney, sends you questions such as that, if you answer yes to all of them, you are more or less admitting to something you really aren't sure of. Seriously, if the CA hasn't validated and proved they own that debt, and the debt belongs to you, how could one possibly answer those questions? What happens if you can not admit or deny any of the questions, because I couldn't do either.


lrhall41

Submitted by Shazzers on Fri, 04/04/2008 - 18:09

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Simple: answer: Without sufficient knowledge to agree or disagree. You can even likely get away with denying it..simply respond you have seen no paperwork that lists this account number as belonging to me. :) You justy follow from there..if you are not sure that is your account number, then you can't be sure if you are the only one who charged on it and so on and so forth. :)


lrhall41

Submitted by goldenbast on Fri, 04/04/2008 - 18:22

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goldenbast
Simple: answer: Without sufficient knowledge to agree or disagree. You can even likely get away with denying it..simply respond you have seen no paperwork that lists this account number as belonging to me. Smile You justy follow from there..if you are not sure that is your account number, then you can't be sure if you are the only one who charged on it and so on and so forth.

Thank you! I have been beating my head against the wall trying to figure out what to do and how to answer the questions. THANK YOU!!!!!


lrhall41

Submitted by Shazzers on Fri, 04/04/2008 - 18:30

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Yes, they reviewed my Credit Report. I just received further demands for evidence stating that I am not complying? The only evidence that I do have is my credit report in which it does not show a debt owed to Citibank, Resurgence, or Unifund. The only evidence that they turned in was a copy of the credit card agreement for Citibank and a bill of sale selling the debt to Unifund. Now I also received a notice that they are subpoena records from Citicorp Credit Services. Any ideas what I should expect next? I was told that all this would happen at the "discovery" hearing? Help?


lrhall41

Submitted by on Sun, 04/06/2008 - 10:17

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I am being sued, this is everything that I have received from them since they served the summons on me and I served them with my response in which I denyed the debt. Are these all scare tactics to try and get me to admit to something that isn't mine? I never had a citibank credit card and they have used dates on my credit report to show contact with me to make this debt within the SOL Jan 04 is the last contact they state that they had with me and served the papers on the 10th Jan 08. This is a debt that has been made up! No Citibank on my credit report! What's next?


lrhall41

Submitted by on Mon, 04/07/2008 - 19:13

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I would suggest retaining an attorney, one well versed in collection law (fdcpa) for your defense and file a counter claim for violations of the Fair Debt Collection Practices Act as well as the Fair Credit Reporting Act (if they are reporting on your credit report) you can start your search for a consumer attorney at naca.net.

I would suggest also requesting validation of the debt during discovery. This might be able to shoot down their case before it really even sees a court room.


lrhall41

Submitted by JCEMT on Tue, 04/08/2008 - 02:18

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--Even if you agree they are holding the account, they still have to provide the documentation that proves they can collect, or the amount they are collecting.--

What BS. When you admit you owe the money, the debt is validated. Period. You can ask for such documentation in court, but it won't do you any good. You will lose and you will pay the debt, interest, plus our fees. Your best bet is just to pay what you owe before you owe a lot more. You will pay now or you will pay a lot more later. That's just the facts.


lrhall41

Submitted by on Tue, 04/08/2008 - 07:48

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It proves that the agency in question owns the debt. In the case of debt purchasers ownership becomes questionable. If they have legitimate claim to the account in question then they should be able to provide the requested documents with no problem. Aside from LVNV funding I have had no problem with receiving validation from past collection agencies. I have all but two paid off now. I'm still waiting on validation from LVNV and the other I am following a payment agreement that is affordable for me and acceptable to the agency, it will be paid in full on the 20th of this month, leaving LVNV.


lrhall41

Submitted by JCEMT on Tue, 04/08/2008 - 09:11

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As always Nonsense Collector opens his mouth and poo spews forth. I won't even bother challenging that waste of space since he always slithers back under the tiny rock he crawled out from.

As I usually say, ignore anything he has to say...I doubt even he is a collector, just some poor slob with no life who lives vicariously through attempting to mislead others, but I hate to break it to ya pal, no one here is listening, just pointing and laughing, so you keep right on with your silly posts, I need a good laugh!


lrhall41

Submitted by goldenbast on Tue, 04/08/2008 - 09:13

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And,as always, No Nonsense Collector is stuck on "debt validation" issues again. I really wish he could move past it, as we have proven to him quite often he is very much incorrect.

You need to get some new material Nonsense, this routine of yours is getting old and tiresome!

Of course, I'm sure he didn't stick around to read our responses so I just excercised my fingers typing this for nothing.


lrhall41

Submitted by FloridaRon on Tue, 04/08/2008 - 11:41

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