focus receivables collection agency threats

You can use a validation letter anywhere. It's your right under the fdcpa. Please start a new thread and give us the specifics of your situation.

yes you can request validation from any CA no matter what state your in.

wife had a discovery cc 10-12 years ago..due to failed business payments got behind..account was sold to above c/a
and they have been calling with threats. We have not had any type of cc for over 10 years. C/A wants a check by phone, we said no, they said we were refusing to pay and we said no but we could pay 20 -25 per month if they would send something in writing. They said they were not going to waste their time on us by sending out anything that we probably wouldn't pay anyway. Then the caller, Michelle asked, "does your employer know about this debt?" Then she ask about our home and said she was going to see how much equity we had. She was very rude and tried again to get us to set up a phone payment. Help

If the last payment was 10 years ago you are beyond the statute of limitations for GA which is 6 years. If they call again, verify you are the person they are looking for, verify your address and inform them they now have 5 days to mail you details of the account. End the call. If they send you anything, and you are 100% sure that this is 10 years or older, I would respond with a sternly worded FOAD (F@#k Off and Die) letter. You have no legal obligation to pay this debt. Record the calls if you can, they may end up paying you. In the meantime....read the fdcpa, the FCRA and the stickies in each of the forums. Good Luck!

can they call your employer and discuss the debt with them?

No, they cannot. The only permissable purpose they would have to contact a 3rd party would be in an attempt to locate you. SInce they apparently already have your contact information, they have no reason to contact anyone else. The fact that she even mentioned it would be a violation of the fdcpa. It is called overshadowing. GA is a 1 party state so I would obtain a tape recorder and start recording any calls received from Focus. You do not have to inform them you are recording. Have you pulled your credit reports lately to see if this account is showing on there? From the age of the account, Discover nor any junk debt buyer or collector should have any information on your reports. Go to www.annualcreditreport.com to pull your free reports from all 3 credit reporting agencies.

Get a few of those violating phone calls on tape, then I would start calling these people with Focus and start playing them back

FOCUS SENIOR MANAGEMENT


Greg Schubert, EVP / Chief Operating Officer

Peter Hendricks, EVP / Customer Relations

Randy Williams, VP Operations

Tom Palmer, VP Finance

Terence Cheatham, VP Human Resources

I live in Georgia and have not paid the original issuing credit card company for more than 6 years. I have made payments to CAs. These payments have not been consistant due to the buying and selling of my account... how does the SOL apply to this? Thanks

I have not received a reply to the previous question, not sure if it was received

Emmapo...I split this off from the original thread you posted to. In the future please do not post to the stickies


Here are the GA statutes regarding SOL resetting payments:


9-3-110
A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right to action not yet barred, shall be in writing, either in the party's own handwriting or subscribed by him or someone authorized by him.

9-3-112
A payment entered upon a written evidence of debt by the debtor or upon any other written acknowledgement of the existing liability shall be equivalent to a new promise to pay.

9-3-113
A new promise shall revive or extend the original liabilty; it shall not create a new one.

AS I EXPLAINED TO FOCUS SEVERAL TIMES, THE OLD COMPANY DID NOT PERFORM THE DUTIES FOR THE 75.00. AND
THEN SOLD THE COMPANY TO TERMINIX. THEY HAVE TURNED IT OVER TO FOCUS. WE HAVE TOLD FOCUS TO SEND US A STATEMENT OR BILL AND WE WILL PAY. THEY HAVE NOT RESPONDED TO THAT REQUEST AND CONTINUE TO CALL. THIS MORNING THE CALLED (CRYSTAL) REALLY GOT RUDE.

I moved and DIRECT TV would not move with me, the contract was going to be up in 2 mos so I just rode it out with no service until contract was up. DIRECT withdrew monies from my account without my knowledge, I successfully protested thru my bank and when it was over called DIRECT and paid all but the early cancellation fee. Was told they would accept that and my account was considered closed and paid in full. I called Focus and told them my confirmation number from DIRECT and was told everything was good. About a month ago Focus started calling again telling me I owed this money in a very nasty way, they told me to call DIRECT but until I could fax them a letter from DIRECT they would continue to call. DIRECT TV said they mailed them a letter in November clearing the account (why they waited until November I don't know) but they can't call FOCUS nor can they help me out in any way. In 6-8 weeks it should be cleared off my credit report and Focus will stop calling. IS THERE NO HELP FOR THE SMALL TIME CONSUMER TRYING TO DO THE RIGHT THING!!

Quote:

I get yelled at,told I had to served at work,only and called at home a lot.The creditor owes me money,and they say I will go to jail for recording their calls.What can I do?

no they can not by law call and talk with your employeer this is called 3rd party disclosure.

you can become a smart and educated consumer.