866-614-7500 - Does this number belongs to Creditors Exchange?
Date: Thu, 10/16/2008 - 15:32
Overall I'm in a pretty bad situation, I am very behind on 4 accounts overall, 3 credit cards and one loan that I obtained through a bank. Several have gone to debt collectors or been bought out by a debt buying agency. I am unsure which have been bought out and which remain the original lender.
Last week I received a voice mail from "John Sorell" with Creditors Exchange, he stated that I had to call him by Monday the week of October 13th or that the matter would be settled in court. He stated that they would be handling the matter over to Marathon County in Wisconsin, however I am now living in Colorado. His callback number was 866-614-7500 extension 3034.
I called him back on Wednesday, October 15th. The recording stated that I had reached Creditors Exchange and that if I knew my parties extension I should enter it now. The voice on the recording sounding very much like Mr. John Sorell from my voice mail message.
I entered in his extension and spoke with him. I wasn't at all prepared for how to handle him or what questions to ask. He stated that my debt originally owed to HSBC had been purchased for profit and that they felt they had a solid case against me seeing as the last purchase on the account was $1,900 and the amount of time that had elapsed since I was able to make payments. He stated that balance in full was now $4,200 and offered me several options: pay $3,000 right now, split the balance over 3 months, or split the balance over 2 months at a reduced balance. The 3 month option seemed best but would still require me to pay over $1,300/month which I can in no way afford. I explained this to him and asked if there is any way to work out a lower payment plan, something that I could afford. He stated that this was an unlikely scenario and that I should try to borrow money from friends/family or put it on another credit card. I was nervous at this point, admitted that I was responsible for the debt, and was now wanting to make amends, wanting to resolve this situation. He stated that I should see what options I could come up with and call him by 3pm on October 16th, or that this would be sent to Marathon County in Wisconsin, my place of residence. Still pretty shaken and not thinking very clearly, I did not think to mention that I am no longer living in Wisconsin.
I was shaken up over this all night and spent much of it trying to do research online and see what my options were. I called him by 3pm today, October 16th, and stated that I am not able to come up with the balance in full or to come up with $1,300/month, but that I am more than willing to work out a payment plan that I can afford. He stated that I had my chance, I should have had a game plan at this point that the matter was going to court. I chose to mention that I am no longer living in Wisconsin and asked if I would be able to attend a court hearing in Colorado where I now live. He asked for my new address, which I gave to him, I fear this was a mistake. He took down my information and stated that it was unlikely they would hold a hearing outside of Marathon County Wisconsin. At this time I asked him for the name and address of the company that I now owed this money to, as I would like to send a letter of debt validation. He became loud at this point, accused me of employing a common stall tactic, and stated that I should enjoy my day in court before hanging up on me.
I called him back one more time, stating that I felt that I have the right to the name and address of the company he was collecting for. He stated that the debt has been verified, that I should not call back again, and hung up once more.
I am pretty stressed out at this point. If it goes to court I would like the opportunity to appear so that I could plead my case to the judge and work out a payment plan that I can afford. I wish to avoid a judgment being placed against me or having my wages being garnished at all costs. I fear that it will be held in Wisconsin with me having no means to travel from my home in Colorado and attend court there. I also read online that they can enforce a law that demands that I have a lawyer present or represent myself in the manner that a lawyer would. I do not know how to go about enlisting a lawyer's aid, do not know if I could afford one, and definitely do not know how to represent myself the way a lawyer would.
Is there a way I can fight for a court date here in Colorado? What happens if I am unable to appear in court, due to it being held in Wisconsin and I am unable to attend? What steps should I take if the judgment is placed against me?
Also, I am married. My wife and I rent. I have a car that I am making payments on. Other than some furniture, a tv, etc, the only thing we own is in my wife's name, her car. She had this car before we ever got together. Is it possible they could try to take her car from us, or the car that I am making payments on?
Lastly, I am seriously considering a debt consolidation program, and that is how I stumbled upon this awesome website. My main question regarding this option is this: is it too late to do so? With all of my debt being very, very past due, and the situation mentioned above seemingly heading into court, am I still able to go through with a debt consolidation program, and if so, will it help my cause at all, specifically with the current threat of being sued?
I greatly appreciate all that take the time to read this and offer any advice. I'm really needing all the help I can get right now.
EDIT/UPDATE:
I did a search online for court cases in my name for the county in which I lived in Wisconsin. The situation above has not been filed, at least yet, however there was another case in my name. The bank with whom I had a loan and one credit card, filed a suit against me on September 8th. It says that the Class Code Description is a Money Judgment but that the case is still open. I was never served papers for this. Is there anything I can do? What actions should I be expecting the bank/court to take? I'm completely lost and overwhelmed by my situation right now.
Okay, I wanted to respond b/c I completely understand how you fe
Okay, I wanted to respond b/c I completely understand how you feel. I hope my information is helpful to you and your wife.
First: You should look on this website (or budhibbs.com) and get the address for Creditors Exchange. Mail them a DV letter. THEY HAVE TO provide you 30 days from the original day of contact to do this - it's your LEGAL right. Send it certified so you get a signed copy that they received it.
Second: Check out the fdcpa (Fair debt collectors Practices Act) and if you feel they are violating it then report them to the Federal Trade Commission and your state attorney general (and BBB). You can find this information on this site.
Third: Giving them your address was not bad because this way they can send you the letters you probably received at your old address. The best way for communication is via the mail.
Fourth: You definitely want to go to court if they do file suit (or anyone else) against you. Your chances of winning go up 50%...if you have a lawyer your chances are 99%. (I'd suggest you get as much info on the suits that are already filed against you b/c if you do not show up then you will definitely have a judgement placed against you. Also, to get a lawyer that could represent you, you can look on the state attorney general's site (I think there's a link at the top of this website) and also ask around...I'm sure you might end up knowing somebody who knows somebody...etc. I don't know how they'll work out where you have to go to court but I would definetly make sure your address change is noted.
Fifth: I don't think they can take your wife's car. (Although they will threaten these things) I know in my situation they told me that they were taking my husbands business, my car, and our house but NONE of that happened...worse case would be they'd put a lien on my house but again, that didn't happen. THEY TRY to scare the crap out of you...like they're doing...so don't stress! Relax and read the other posts on this site and you will find the information you need.
Sixth: I don't believe you're too late for debt consolidation. Just look around for the best fit. I've seen many posts on this site so just look to see which ones people would suggest.
Seventh: Get your information together for ALL your debts. Get your contacts straight and make sure you contact the court to notify them of your address change.
I'm sure somebody else will come along with more helpful information but I did want to respond to you. The best advice I can give you is to not let them scare you or stress you out. Always keep records, record conversations if you are a 1-party state and send out DV letters asap (examples on this site).
Good luck to you and your wife. I know this can be overwhelming and stressful! My husband and I just got through a lot of our debt and still finishing up a few things...know there is an END in site! Just don't let these jerks make you feel like they're going to take everything you have and leave you on the streets. They'll do and/or say anything they can to scare you! I wouldn't be suprised if they called your work or your wife, family etc.. If they do that then send a C&D letter!
Good luck! Mrs HK
They are required to sue you in the county you live in or the co
They are required to sue you in the county you live in or the county that the original contract was entered into. Since they bought the debt I doubt they are capable of suing you outside of your county in Colorado.
Do send them a validation letter Certified mail.
STOP talking with them! Creditors Exchange are liars and lowlife
STOP talking with them! Creditors Exchange are liars and lowlifes. Don't believe them when they tell you that you are going to be sued; they told me that 2 years ago. I busted them with so many fdcpa violations that they backed off and stopped contacting me. Send them a DV letter along with a C&D letter advising them to contact you by US mail only!
You need to make sure that "Creditors Exchange" lawfully purchas
You need to make sure that "Creditors Exchange" lawfully purchased the debt. In my experience, a lot of such companies can't prove that they purchased the debt - they have no documentation. In order for them to be able to sue, they had to purchased the debt - no proof of purchase - they can't file suit. See my post here: http://phillylawfirm.blogspot.com/search/label/NCO
VIOLATION
I WORK FOR CREDITORS INTERCHANGE, THEY CALL PEOPLE AND BREAK THE LAW EVERYDAY! THEY LEAVE ILLEGAL MESSAGES, AND MAKE THREATS TO SCARE PEOPLE! THEY LEAVE A MESSAGE THAT STATES IT WOULD BE FILED IN "YOUR CITY NAME HERE", AND SAY IT IS THE COUNTY... ? I HEAR PEOPLE BREAKING THE fdcpa LAW EVERYDAY!! I DON'T BELIEVE IN IT! BUT YET THE MANAGERS LET THEM DO IT?? WTF??
VIOLATION
CALL JOHN BACK AND ASK FOR JP, HE IS THE HEAD OF THE OPERATION! TELL HIM THEY VIOLATE THE fdcpa DAILY! YOU CAN SUE THEM AND WIN FOR SURE! THE CAN'T LEAVE ANYTHING ELSE BUT THEIR NAME AND NUMBER ON A VOICEMAIL OR MACHINE
Thanks for the info CI employee, I have dealt with these people
Thanks for the info CI employee, I have dealt with these people before and they don't adhere to the fdcpa.
can the creditors take onese ss or ssi and take ones to court
can the creditors take onese ss or ssi and take ones to court
RB - NEVER! Court must come before any action against you. I fe
RB - NEVER! Court must come before any action against you. I felt prey to scum like this in the past. Because I am a volatile person I went too far in getting payback. In the end I felt bad but NEVER EVER EVER give up. These people are the true born scum of the universe and obviously have a devils tongue as they lie in and out on a daily basis. Just don't go crazy and try to take this face to face like I did. That just throws a new wrench in the gearbox along with affecting their family which may not be scum examples like mom and dad.
I got a call [FONT="][/FONT] 866-614-7500 from these people
I got a call [FONT="][/FONT] 866-614-7500 from these people today. The gentleman I spoke to told me that they are a group of lawyers. I know that isn't true. Wouldn't that be a violation of the FDCPA to misrepresent themselves as lawyers?
Creditor Interchange
First of all, to the original person that posted this discussion don't let these idiots scare you. They are trained to pull out every trick in the book! However, if they wish to pursue you legally you have more rights in front of a judge than you do with them. I can tell you that more than likely they won't litigate against you.
I understand when you fall into true financial hard times, it is scary. But they can't take anything away from you with some of type of court order.
Just try not to stress to much. I agree that you shouldn't talk to them anymore. They will just keep trying to scare you, and they will lie out their teeth.
Keep your chin up! You got a lot of good advice-make good of it. :-)
;)