Several Questions
Date: Sun, 04/19/2009 - 12:28
In 2003 I lost my job. I had at that time 4 credit cards. I defaulted on all four. I simply could not make the payments and after begging them to help me to pay my debt in reasonable amounts they refused and I stopped paying on them. It was either pay the credit cards what they asked or be homeless living on the streets. I am not joking, it was that serious. The last payment date on each were: Capital One- 9/2002, Spiegal-12/2002, Providian-10/2203, and Providian-10/2003. All of these accounts are listed as charged off. All are also listed as revolving accounts on my credit report from Equifax and thus as I understand it will expire in 5 years as I live in KY. What I DO NOT understand is this. Does this mean that they will no longer be listed on my credit report five years from the last payment date or five years from what specific date? On my Experiean credit report it states the accounts scheduled to cor until 1/2010 for Captital One, Spegial to cor until 3/2009, and then nothing for either of the Providian accounts. I also have an item from NCO Financial group which as I understand it purchased my/a account from Providian but the amounts are not the same for either account nor do the account numbers correspond to the either of the Providian accounts. This is stated to cor 3/2009 on the Experiean report.
What does cor mean? I am pulling my hair out right now in a major, major way. I don't know what to do. I also don't want to do the wrong thing and re-age(? )an account and have another can of worms to open and deal with. When can they no longer call me night and day, call my family night and day, call my employer night and day, and stop calling me on my cell phone night and day? At what point can I no longer fear each and every time I see a sheriff's deputy and fear that they are coming to serve me a summons? Is there ever a point in which this will end and I will no longer have this black mark over me as if I am lower than pond scum? The more I read the more afraid I am and wish that I would have NEVER gotten a credit card to begin with. I know one thing for sure, I won't EVER have another one!!!! Please someone who has greater knowledge than I PLEASE explain what all this means to me. PLEASE!!! I don't understand all this and I am very overwhelmed.
Thank you!
Liz
SOAPLADY, I see she lives in KY. LizaaJane...Who's calling yo
SOAPLADY, I see she lives in KY.
LizaaJane...Who's calling you? Have you gotten any letters from a collection agency?
SOAPLADY, I am in KY. Buckeye, Portfolio Recovery Associates a
SOAPLADY, I am in KY.
Buckeye, Portfolio Recovery Associates are calling in reference to the NCOP/Providian account and Midland Credit Management, Inc are calling in reference to the FCNB-Spiegel account. I am also receiving calls with their ID and number listed as private or unknown. My parents are receiving calls at all hours from one of the two as well. From what I have read, both agencies are bad news. Thank you to both of you for responding. I don't know what to do and am terrified that I will also loose my job as well. My employer is not tolerant of folks like me who screw their credit up.
Liz
The SOL for open accounts for Kentucky is 5 years. Send FOAD let
The SOL for open accounts for Kentucky is 5 years. Send FOAD letters and tell them never to contact you again!
SOAPLADY, thank you for responding to my questions. Now another
SOAPLADY, thank you for responding to my questions. Now another stupid question, what is a FOAD letter? Because the SOL has expired does this mean I am out of the woods in regard to any lawsuits filed against me? It will take 7 years for it to drop off my credit report correct?
If it has been over 5 years since your last payment you can tell
If it has been over 5 years since your last payment you can tell them to F**K off and DIE!! Theycannot sue you. Well they can try but you can use the defense that it is out of SOL!
Will they try to sue me? As in will they go so far as to file a
Will they try to sue me? As in will they go so far as to file a case and I receive a summons? What do I do if I receive a summons since this is out of date?
Liz
Have you gotten any letters from either of them? If you have
Have you gotten any letters from either of them?
If you have an address for either of them...I agree with SOAPLADY...and, let 'em know the laws they've broken, in the process. They aren't allowed to call anyone and run their mouth about your alleged debts.
Whatever happens...DO NOT PANIC! Don't give them ANY personal information...NONE!
Good luck!
Even if they do, the case will likely be dismissed, so don't fea
Even if they do, the case will likely be dismissed, so don't fear the summons. When you send the Cease & Desist letter state that the debt is past the SOL so they cannot sue, and since they made that invalid threat against you, they are in violation of the FDCPA and you have filed a complaint with the FTC and the State Attorney general's Office (and, of course, file these complaints).
Quote:
When can they no longer call me night and day, call my family night and day, call my employer night and day, and stop calling me on my cell phone night and day? |
Let me understand this correctly. I do not need to send DV lette
Let me understand this correctly. I do not need to send DV letters because the debts are out of SOL for KY? What I DO need to do is to send each collection agency a cease and desist letter stating the debts are out of SOL and thus that by calling me, my family, work, they are violating the FDCPA rules? Is there a template letter for this? My concern is that I don't wish to goad them into fileing anything but I want them to leave my family and work out of things. My parents are elderly and when they receive these calls it greatly upsets them. As for work, well it simply gives them another reason to fire me. While my employer is not the best, it is a job and I do desperately need to remain employed. They are also the type which when called for a reference would disclose to a future employer my financial difficulties in reference to multiple calls from collection agencies. I am in a corner in more ways than one.
Is there some type of regulation which states that they may not call an individual on their cell phone? I am receiving calls on both my work cell phone as well as on my personal cell phone. My personal cell phone is a pre-paid phone and each time they call it eats away at my minutes.
Thank you to everyone who has responded. I will never put myself in this position again, EVER. One more question, when will these negatives drop off my credit report?
How did they get your cell #? They'll keep eating your minutes,
How did they get your cell #? They'll keep eating your minutes, for spite.
IMO, write them and make sure you send it return certified receipt. Tell them to stop calling you and anyone else they've called about you. they are breaking the law.
There are templates on this website that you can use. If you don't feel comfy doing it on your own...I suggest at least talking to an attorney for Consumer's.
No, send them the DV also. Yet another FDCPA violation, they
No, send them the DV also.
Yet another FDCPA violation, they are not allowed to call you on your cell phone because they cannot contact you in such a way as to incur charges [15 USC 1692f(5)]. Do not answer the cell phone.
Debt Validation sample template.
Cease & Desist letter template.
Hope this helps.