Gerald E. Moore - Please help

Hi Cristine--

During the arbitration process, was any validation of the debt provided or requested? Did you ever ask GEM to validate the debt at any time, even if it was before it went to arbitration?

If not, then send them a certified letter now, requesting validation of the debt. There is a federal law that does not allow them to continue collection efforts once they receive a DV request, until they answer that request. If validation was already asked for and they didnt provide it, then everything they have done since that request was illegal. But you need to send that request ASAP. be sure to send it certified mail, return receipt requested. If you need a good format for one, let me know and I will put the one I use up here for you to use.

Dont wait on this--get this rolling as soon as possible.

Thanks for replying. When i first got anything it was from GeralD e. Moore I requested that they provide me proof of the sale of my debt. The CC i defaulted on was through HSBC, they say the debt was sold to west asset management of whom i have never received anything from. The Charge off from my CC was 1501.60. West Asset Management and GEM is trying to collect for 5628.00. They say West Asset is entitled to collect interest on the account. I defaulted on this CC in 2006. they say they have been adding interest since. They did send me a copy of the CC agreement when i received the arbitration papers but that is all. I honestly think they only sent me to arbitration to scare the crap out of me and they thought i would settle for the 2K a week payment plan, because as soon as i wrote the arbitration forum they asked for a stay. I also stated to NAF that i wanted the agreement in writing but still they call me, never do they send me anything in writing always via phone calls.

The DV letter needs to be sent within thirty days of the first written communication regarding this debt or the CA is allowed by law to assume it is valid and persue collecting it. If the original notice contained that information. A cease contact letter must also be sent!
???? 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(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.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer

frogpatch is right--they didnt follow the law there.

That is why you need to take frog's advice and mine--send a DV letter and include a cease and desist statement. This will require them to only contact you through the mail, no phone calls. And, if they dont honor that, its another violation of federal law.

Thank you very much and I will certainly take your advice. I will send the letters out today. Perhaps you can answer just one more question for me. My ultimate goal here is to get this issue resolved and move on. Unfortunately I got myself into a bad situation with payday loans which is why I defaulted on some accounts in the first place. I have paid everything off except this account and one other which I am currently making payments on. I have not really had any trouble with dealing with the collection agencies, since I made payment arrangements with all of them and kept up on the payments. My question is what happens if we cannot agree on a payment plan? As you can see I am offering 200 and they want 2000. Can they still sue me? Do they have to accept whatever offer I make? Not exactly sure on this.

They can still sue you, yes, which is why I was so adamant about you getting that certified letter out ASAP. You see, once they receive a validation request, they are required by federal law to stop all collection activity immediately, and they cannot start up any further collection activity until they provide you with the validation of the debt. Filing a lawsuit would be collection activity. So, if you send the DV letter, and you get the green USPS receipt card back, and then they file a lawsuit, then you can get it dismissed due to violating the fdcpa.

They do not have to accept the offer you make, they are free to say no. But I would not ever recommend paying one penny to a collection agency without first getting the debt validated.

I've been recently harassed by these people as well,
A lady named Mrs. Spellman from GEM called my place of employment and left a message for HR in regards to my employment with the company. When told about this i went to equifax and had a credit report sent to me. I then noticed that an enquirey was made by The LAw offices of Gerald Moore and so i called them to see what it was in regards to.
I was put on the phone with Mrs. Spellman who informed me that this was a debt from Household Credit which ended in late 2004. The credit limit was $525.00 the ending balance with interest was $1200. The total amount now not including GEM fees is @$2000.00.
She said that i can put a third of $2000.00 down and make monthly payments for the next 3 months to pay it off completely.
I've heard about garnishing wages and legal action and since they've contacted my work, i think that they might try to go that way.
I did make payment arrangements with NCO who was representing Household but could not pay them what they wanted in the time that they gave me. They then called me twice a day for the next 6 months. Now i have The Law offices of Gerald E. Moore Harrasing me at work.
I started the original account in Ohio but have not lived there since 1999, It was one of those credit cards that charged an annual fee. I thought that i had paid it off but i failed to call to cancel it, which lead to interest and late fees and then collection.
I now live in Hawaii, What kind of jurisdiction do they have here? And which bar should i call to find out the legalities and my personal rights?
I want to pay the original amount of when it was closed, but these people are not giving me the option.
Can anyone give me any information?
Thank you for this site!
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When was the last time you made a payment on the account? SOL is HI is 6 years from that date. If it has been that long you have no legal obligation to pay the debt. Also, is this being reported on your CR's? If so, call the CRA's and ask them for the date of first default on the account. The negative tradeline can only be reported for 7.5 years from DOFD. Also, here's some info for HI residents. collection agencies must be bonded but I can't find the proper link to check that:

HAWAII STATE LAWS
http://www.capitol.hawaii.gov/hrscurrent/

INTEREST RATE:
LEGAL: 10% JUDGMENT: 10% (NO WRITTEN CONTRACT)
STATUTES OF LIMITATIONS (IN YEARS)
SALES OF GOODS: 6
OPEN ACCT: 6
WRITTEN CONTRACT: 6
DOMESTIC JUDGMENT: 10
FOREIGN JUDGMENT: 6 FOR REGIS./10 AFTER REGIS.

BAD CHECK LAWS (CIVIL PENALTY)
DAMAGES EQUAL TO $100 OR TRIPLE AMOUNT OF CHECK, NOT TO EXCEED $500.

GENERAL GARNISHMENT EXEMPTIONS
95% OF 1ST $100, 90% OF 2ND $100, 80% NET WAGES IN EXCESS OF $200 PER MO. OR FEDERAL LIMITS WHICHEVER IS GREATER.

COLLECTION AGENCY BOND & LICENSES
BOND: $25,000 / $15,000 EACH BRANCH
LICENSE OR REGISTRATION: SOLICIT/COLLECT

Here's the link for CA licensing in HI. There is also a number you can call to inquire in person. If they are not licensed to collect in HI, I would Cc a copy of your DV to the appropriate individial at the Dept of Commercial and Consumer Affairs:

http://hawaii.gov/dcca/areas/pvl/programs/collection/e_services/