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first national collection bureau - is it untruthful?

Date: Wed, 10/15/2008 - 16:39

Submitted by thytaysmom
on Wed, 10/15/2008 - 16:39

Posts: Credits: [Donate]

Total Replies: 11


I just got a letter today from First National Collection Bureau for an account that I do owe.I need no validation, I owe this and am willing to pay it.The letter states they will accept a settlement which I do feel is a good settlement offer and want to pay it.The letter states afer paying the settlement amount the debt will be closed and considered settled.My question is, I know many collection agencies are very untruthful and the last time I sent in a payment to a CA by the date specified to settle a debt, the company held my check past the date the settlement offer was good through then cashed it then sent a letter stating they did not get my check before the deadline and therefor the settlement offer was void and the entire amount due again and still cashed my check! So I am cautious and want to do this right.What should I do to ensure proof that they receive my payment on or before the date they state? I have to sign the letter they sent stating I am sending in the total settlement amount and date it and will send this overnight mail with delivery confirmation and return receipt but is this enough? I will have the payment to them ON the 17th which is the last day I had to get payment to them.I also made a copy of the letter they sent to me and a copy of my check and am stapling the check to the paper itself but just afraid if they are like the one company I delt with before the will hold my check,lie and say I only sent in the settlement paper, then turn around and cash my check after the date and claim since they got the payment after the deadline the settlement is void.Any suggestions? Just worried this is a lot of money for me to come up with but I want to pay them I just can't afford to be screwed over again.


IMHO, you still need a DV. You need the CA to prove to you that they are the legal owners of the debt. Many times debt will get sold from one agency to another, but yet agency #1 will still try to collect on it.

Also, BE SURE that SOL is not up! When was the last time you made a payment, and what state do you live in?


lrhall41

Submitted by DirtPoor08 on Wed, 10/15/2008 - 16:47

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They are collecting for asset acceptance llc, which was trying to collect for Washington Mutual(Providian) credit card I owed(I know I owe them I still have my statements and paperwork). Asset I never made a payment to or anything so there is NO DATE for date of last payment on my credit report to go on just has date reported and it is always updated to the current month and then Washington Mutual has date of last payment 12/2006 listed on my credit report so still in SOL(I live in NC). I tried calling the original creditor, Washington Mutual, and they will have nothing to do with me said they sold the account.When the credit card was originally let go I owed $1000 and the settlement amount now is $577.73 and the total amount they claim is $1925.76.So I know I owe it, it is still in SOL, just scared they will lie and hold my check and screw me but I want it taken care of just want to make sure I do it all right so they cannot try to get away with what the other collection company did to me.


lrhall41

Submitted by thytaysmom on Wed, 10/15/2008 - 17:09

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Did WaMu say who they sold the debt to?

How do you know that they are the legal holder of the debt?

You would be smart to send them a DV letter and make them prove that they are the proper company to pay. Asset is a Collection company and generally don't farm out the collection.

Don't worry about the settlement offer, they will make others and they will be better. They are trying to get you will you are unsure of what is going on.

If you pay the wrong company then it is an Oh Well, your out of luck because you will have to pay the rightful one.

CA's are not to be trusted. But if you are sending the payment overnight their signature of receipt is proof of timelyness. Make sure you do not waive deliver signature. Send them a money order NOT a personal check, regardless of what they say.

Contact them again and ask that they send you a signed statement saying that the debt will be settled in full and that the remainder will not be sold off. DO NOT send them the money without this agreement.

Also is their letter signed by somebody or is it a form letter with some department name at the bottom? If it is signed, is there a printed version of the name?


lrhall41

Submitted by on Wed, 10/15/2008 - 19:56

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The letter that I have is not signed just a company letter with the settlement offer and terms.
It shows on my credit report Washington Mutual sold my account to Asset Collection Agency which is also on my credit report but this First National is NOT on my report but claims it is collecting for Asset.
I just am afraid if I do not take this settlement they will sue me which I have had 2 other collection agencies do.Those amounts were under $500 to start and the local debt counseling service here locally said since the balances were so low I would not be sued it would not be worth the agencies time then the accounts went to collections and after interest and the "fees" they added in they took out a judgement against me and I ended up paying over $2200 ordered by court on one, then the other offered me a settlement of $700 and I did not pay it( I could not at the time) and ended up paying $1984 after they won a judgement against me. I just do not want that to happen this time when I can pay less but so afraid of screwing up.These companies, as sad as it is, cannot be trusted and I have learned that the hard way.So I guess I should contact them and ask for DV then ask for the settlement offer to be signed and mailed to me.If I write them and call them requesting DV and a settlement offer with a signature will that give them the right to say I am acknowledging the amount of the debt and be able to update my credit file? Right now First National is not even on my credit report so not sure if I should contact them or not.


lrhall41

Submitted by on Wed, 10/15/2008 - 20:39

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No requesting DV does not in any way acknowledge the debt. It is actually you requesting that they prove the debt. Also by sending the DV within the time limit, they cannot sue you until they prove the validity of the debt.

I would also send a DV to asset to see what their response is. Note that First National is trying to collect on this debt.


lrhall41

Submitted by on Wed, 10/15/2008 - 22:38

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my husband has a old credit card debt - i am certain he has not paid anything on it for at least 7 years. it is 9,000 dollars. we have just received a letter from FNCB stating they have a judgement for this amount - they will start confirming assets - unless we make payment arrangements. we have been trying to pay off his debts - (he was stupid with money as a young man) but there is no money in the kitty for this kind of debt at this time. what can we expect and what is the best plan of action.


lrhall41

Submitted by on Tue, 11/11/2008 - 09:14

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Check with your county clerks office to see if there is a judgement against your husband, CA's have been known to lie! If there is, find out when and where he was served. It's possible that the judgement can be tossed if he wasn't served properly. If there is no judgement, send them a DV letter.


lrhall41

Submitted by on Wed, 11/12/2008 - 02:26

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Asking for a DV will not in no way acknowledge the debt, matter of fact, you are requiring them to prove this debt to you. It is your right to ask for these documentations and even the court will see that as well.

If they are collecting legally they should have no trouble sending you the proper documentation and then you can ask for the settlement in writing (although it sounds to me you have a settlement in writing, though it is unsigned witch I would be careful with..I bet a CA would have no trouble trying to say you must have made up that paper on your printer).

The CA collecting for the CA won't put it on your credit report, at least not legally. BY law only the original creditor and the CA who now owns the account may place the item on your report.


lrhall41

Submitted by goldenbast on Fri, 12/12/2008 - 14:54

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Your suppose to send your communication certified mail, return reciept. this way when they say we didnt get it, you have proof they got it before deadline because the mail man will deliver a reciept to you stating it was signed and recieved by the recipient on xyz date.

this is from 08 but i still had to leave my 2cents


lrhall41

Submitted by on Tue, 06/09/2009 - 16:01

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