need advice regarding CA

That sounds fishy in the extream! It seems like they figure you are a chump and can squeeze more cash from you.

You should send them a debt validation letter, informing them that per their letter (send them a copy of it) that your account is paid in full. Also point out that what they faxed is not validation, that validation has to be from the original creditor, not generated in house on their own letterhead.

Further inform them that now you feel you are being taken advantage of and if they do not send you the proper validating documents then obviously they have collected upon a non-existent debt and you will not only refuse to pay them another red cent, but will take them to court to sue them for the amount of money they fraudulently collected from you.

If they fail to comply...do just that. Take them to small claims court and show the judge all the documentation and sue for the money you already paid, plus your court costs. Make sure the DV letter you send is sent certified mail return receipt and keep the green card as proof of what letter was sent (for further protection, also put the number of the certified letter in the letter itself).

thanks for the advice. I'm preparing a debt validation letter right now using some resources from this site. If only I could stop them from calling my work while this is in progress...

also, I spoke with someone at the office earlier today. The person told me the extra ~$1000 was described as "assigned interest from client" but was unable to tell me any other details such as from what period this interest was collected or at what percentage rate. I also don't recall ever agreeing to or hearing about interest on this debt when I agreed to pay this off. Nothing was ever signed regarding this aspect. Is there something here to work with?

just a regular debt validation letter.let this CA know you are PIF on this debt and unless they validate.(which i'm guessing they can't)you expect no further collection calls or letters.

They called me again today. I talked to a manager and he was also unable or unwilling to give me any information about the extra $1000. When I told him I was sending a debt validation letter he said his company would then close my account and return it to the client stating I was "refusing to pay" (his words not mine-basically anything I said that was not "yes I'll pay" he turned around into a "refusal to pay"). I know I'm already foolish for dealing with the CA, but do you think I should still send them the DV letter? I think it is since they can't provide me with any details about where this money is coming, but then again I don't know what they're going to do with my account after today conversation.

Still send it, let them send it back to the owner. You should find out who that is BTW. If it is the OC, call them and see what they have to say. If it is a JDB, then send them a DV as well, that way they can't farm it out until they validate.

i don't know what a JDB is, but LVNV Funding is their client, whom I guess got the account from Citibank, who originally issued me the credit card. Thanks for the help.

JDB = junk debt buyer. LVNV is a junk debt buyer, send them a DV letter as well.

LVNV is famous for not collecting upon thier own debt..they are also notorious for playing shuffleball with accoutns that get DVed. You will have to be firm with them. The fact LVNV even has this account makes me wonder if there is any documentation at all. Send LVNV the letter,e xplaining how you paid in good faith but now question wqeather you were defrauded out of that money on a non-existant debt. Inform them that if they do not provide the documentation, you will sue them for the monies unjustly )and even fraudulently) collected by their collection agency.

You might have to actually file papers before you will ever see results. I had the same thing with LVNV..they farmed the debt and even had the audacity to sick a lawyer on me. I did not back down and I sued them....and we settled out of court with them paying me and forever stopping all collection efforts on that account.

I just got sued for a debt i owed from that same company i only owed $8000 and now i have court tomorrow because i "refused to pay"

Well did you send a debt validation letter? If so, show that to the judge and inform them that you never refused to pay, only that you wanted the debt validated. During discovery, demand to see proof you owe any money. You want a closing statement, a signed agreement or contract, etc.

I did that and the judge ordered me to pay $1000 a month, that breaks me

What state do you live in?

Is $1000 a month 25% of what you make each month? In general and without knowing which state you are in the most I have seen garnishment is 25%...$1000 a month is excessive unless you make like $4000 a month. You said you asked for proof in discovery, so did the company provide all the proof?

yes they gave me copies of my bankruptcy documents where i "admited to my debt" as i was told. I do make about that a month but i have child support, mortgage, insurance, car and everyday expenses... i tried to have them take less but the judge was on their side

i had a pleasent talk with a young lady at this company today she set me up on payment plans no problem to what i can afford, my payments are only $200 a month, last month i spoke with a really rude man there i suggest asking to speak with a female at that company i refused to pay anything when i talked to that man last month but when i called back and spoke with a female she was polite about everything...

I hope you got a settlement letter before you started paying.

yes ofcourse i did had them fax it right over and i started paying on it i havent recieved any calls since then just statements and reciepts in the mail stating the amount i paid and whats left for the settlement

File an appeal, it will go to the state Appeals Court where you will have better judges.

Im not in any meins saying some of these companys are right by the way they treat us all even me, yes i do have bills in collections as well in this economy its rough, some of us only choose the job we are at because we need to support our children and make a decent living collection agencys are always hiring we may not want to be the "bad guy" especially in this economy.

but heres a small tip to avoid calls tell them you just got your number and you dont know who they are looking for stick with your story, if they call again say the same thing and tell them you keep getting calls for this person who you dont know.

OR even easier you can ask to be set up on payment plans if you truely dont have the money try and get them down to $25 a month for 6 months that will stop calls for 6 months in the mein time, some will even let you do $25 for 12 months!! thats only about $6.25 a week which isnt bad.

The only problem with that is that most CA's want it all NOW. And, I don't recommend entering into any payment agreement without proper validation.

Dear NASCAR,

yes your right every collection agency is supposed to try and get the balance in full, but if you tell them theres no way to do that and you want to do payments or nothing usually they let you. i personally know that this company does do payments because im on the $25 a month with them right now. Your right again reguarding the validation ALWAYS ask for a letter you dont want to pay on something if its not yours.

In a perfect world, it would work exactly as you say. But in the real world, collection agencies still hound debtors even after a payment deal has been made and regular payments are being sent.

And it's highly unethical to advise people to lie. Just because debt collectors and junk debt buyers lie to debtors and alleged debtors all the time, does not give one carte blanche to also lie.

I would also add to Nascar's post that not only should you want proper validation, but a payment agreement (or settlement letter) on paper, first, before you pay anything at all.

Im refering to this specific company, isnt that what this thred is about????

Chrystal

The laws do give rights to debtors in a bad economy. That is what the bankruptcy code is for. It is established in the Constition, and is a federal law. For some, (not all), it is not a matter of ethics, but a matter of rights.

Well I deleted Chyrstal's post since it was the typical pay your bills from a woman who Can't Understand Normal Thinking

so instead you delete it because you cant bare to see the truth, commical actually

No...actually I can't stand your name or your spelling or your punctuation. If you'll group the BOLD letters in my previous post, you'll then understand exactly how I feel about you

i agree 100% nascar.go back to the phones humanoid.

look whos talking, you guys sit here and "monitor" chat boards because you have no lives but to pick on people all day to get out of paying the bills which you legally owe. You know nothing but to steal. "You shall not steal, nor deal falsely, nor lie to one another. [Leviticus 19:11]"

Oh my....and a bible thumper to boot! Thanks for the Bible lesson Jezebel. BTW...I pay my bills. I think God led me here to handle people like you.

Yours in Christ

ND

way to misquote the bible humanoid.i guess when you have no more ammunition make up facts like your kind always do.as stated before go back to the phones.no one here is interested in your hooey.

your both pieces of crap, hope you rot in hell

Thank you....I'll be waiting there for you when you arrive (and it's you're not your)

hope we are bunkmates humanoid.

"humanoid" WTF?! deleted..pm
[samebox:ebfef486a8="paulmergel"]no drug references.doesn't matter who it's aimed at.[/samebox:ebfef486a8]

please advise if i should send a cease and desist letter to this Rj Boudreau... the 2 creditors they are stating i owe, have already dropped off of my credit report. they never sent me anything in the beginning about the debt, they contacted me on my job. ive requested information on the payments that i made to them... 2 months ago, i stop sending the payments because i didnt have the money. after researching my rights and seeing my credit report, and discovering these 2 accounts are long gone. i feel they have been getting my money. i never received anything from the creditors about me owing them anything. these accounts were opened in 1998 and 1999, i did a voluntary dismissal from a bankruptsy per my lawyer for a whole other situation.... and the bankruptsy has already fallen off 2 of my credit reports as well..... i filed the bankrupty in 2001 and did 60 months... boudreau and associates contacted me by phone at work like end of 2007. i think they have gotten over and beaten me out of my money... they had even threated and judgement and stated that one account was going to be around 4000 because of interest, so not cool. please advise if i should just send the CD letter and let them know i have sought legal counsel and that i also know these accounts have already come off of my credit report. Boudreau and Associates didnt report any of the payments i sent them in the beginning to my credit report.

send DV as well as C&D letters.send them certified mail return receipt.dispute any entries on your credit report.

it doesnt sound like it's a legit garnishment, it sounds more like it's just a court mandate to pay...even still though, keep in mind, debt validity only needs to be shown if you respond to the initial "dunning" letter within 30 days showing that you are requesting such information. legally speaking, if you request the DV after thirty days from the initial dunning letter, they do not have to supply it to you.

Those time constraints do not apply if you send your dispute directly to the Credit Reporting Agencies.

It also sounds as if you should file suit against them, Guest.

I sent them a letter of debt validation but they are still calling me at work and on cellphone. They will not send me the information I request. They are very rude. I was driving one day when I phone went off and asked a friend to answer my phone for me. Berry was yelling at her and telling her that she was playing games with them and told her that she was me. He told her that she needs to pay this bill and stop playing.
They will not take my pay-off but instead they want me to make payment and send them a check with my account # with my routing number on it but I told them I was not going to do that so they said they will take my home and garnish my pay. I live in Arkansas and I need help.

Send them a Cease & Desist letter, also warn them that you have filed complaints (and file them) with the FTC, the FCC, and your State Attorney General. Mail it Certified Mail, Return Receipt Requested. Put on the letter that any calls to you will be recorded. If they call you after you receive the green card back (except for 3 reasons- 1: to tell you that they may sue you, 2: to tell you that they will sue you, and 3: - the best one - that they will stop all collection activities) then sue them (but only if you have proof that you sent them a DV letter within the 30 day period). Go through your cellphone statement (the main advantage of cell phones is that incoming calls are logged) and clearly mark their calls.

You can collect $1000 per violation, plus possible attorney costs and court fees. You can get a referral through your local civil court Legal Aid services, the National Association of Consumer Advocates, or looking in your local phone book for Consumer Advocate attorneys that specialize in the FDCPA (they will get paid by the violator so it won;t cost you a dime).

Collect your $1000.

That happaned to me, too. I paid what they asked for, then demanded another $400 dollars. I sent the $400, and then demanded more. Then they left me a message saying that I better see an attorney. I had already spoken with the Attorney General's office in Texas, so called them and told them that if they didn'''t send me a PIF letter postmarked that day, I was calling the Attorney General in Georgia (their state). I got the letter.

I faxed them a copy of the DV letter on the 9/16 addressed to Berry (Kim's boss) and the next day Berry called me on my cell phone. Then on 9/25/09 Kim called me at work on company phone two times and on my cell phone two times. It's hard to get work done if I'm afraid to answer the phone because of their rude and abusive phone calls. I also have cell phone records. I owed 3216.44 on my credit card before Kroger closed my account but they want me to pay extra fees that they added to the account. Do I need to get a lawyer? They are telling me that they will take my house, garnish my wages and etc.

According to the Section 809 of the FDCPA, the DV must be in writing. Mail it to them via Certified Mail, Return receipt Requested.

You have no presentable (to the courts) evidence that you sent them a DV letter without that green card. A fax confirmation proves nothing, not only can they be easily spoofed, but their fax machine could have jammed and they never got it, etc. etc.