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CACH and how to deal with them

Date: Tue, 05/19/2009 - 22:57

Submitted by puddlejmpr
on Tue, 05/19/2009 - 22:57

Posts: 1634 Credits: [Donate]

Total Replies: 15


I need to help my dad out on this and hope that someone can help me help him. Here's the story...

My dad's gorlfriend had a providian CC that she defaulted on due to medical problems and she couldn't work anymore. She had a lawyer write up and forgiveness letter to all her creditors. Providian was sent one also (this was in 2005) They never heard from them since, so they figured they accepted the letter. Now last week they get a letter from cach saying they owe $5900. So my dad called them and they said if he could pay $1500 by friday then they would accept that for a settlement. They never sent anything in writting. But my dad doesn't have the $1500 to pay them anyway. Oh and they told him that if he didn't pay it they would take legal action. My dad told them that she only gets social security disability. They told him to get the money from one of her kids. So they end up calling back on friday to get the payment, and he tells them that he is on the way to the hosp. with his girlfriend and that they just don'e have the money, and he reminded them that she only has SS income and she is on her way back to the hosp. They told him that it didn't matter, that they would get the money anyway. So I guess they are going to call him back on wed. like they said and they said if he didn't have the money then, then they would take legal action. Oh, and they told him EVERYTHING about her account just by saying he had pwoer of attorney. Don't they need the proof of that before they give out any info on the account?

Any suggestions on how to deal with these people would be great. I did tell him to talk to his lawyer about this, don't know if he is going to or not.

Thank you :D


Tell them "see you in court. Until then, leave me alone. [click]".

Hopefully you still have a copy of that forgiveness letter you sent. It should help. Don't worry, SS income cannot be detached.

Section 207 of the Social Security Act says: "none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law." [42USC407(a)]


lrhall41

Submitted by Chrys Henderson on Wed, 05/20/2009 - 01:13

( Posts: 2538 | Credits: )


I told him to FIND the copy of the letter because he may need it if they take him to court.

I knew that SS income couldn't be touched. But they keep telling him that it doesn't matter, they will still get their money. I really wish I could talk to them over this. When he told me it was CACH I just cringed :x I told him not to tell them anything and don't let them scare you. He just says, she doesn't own anything but her car and a small retirement fund from her late husband.


lrhall41

Submitted by puddlejmpr on Wed, 05/20/2009 - 06:55

( Posts: 1634 | Credits: )


I don't know anything about the laws in WI, but you might check around and see, made a cease and desist letter might be something that would work for them. I would check around first before I did that, some seem to think that once you send a cease and desist or a DV letter, that it just pushes them to sue. I hope thing work out for all of ya'll.


lrhall41

Submitted by on Thu, 05/21/2009 - 07:22

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SOL is WI is 6 years and WI is also one of the 2 states in the country that has a Statute of Repose which extinguishes the debt on expiration of SOL. CACH will sue so I wouldn't fire off the C&D just yet. I would keep an eye on the court website and make sure they don't file and in the meantime, follow the DV process.


lrhall41

Submitted by NASCAR_Devil on Thu, 05/21/2009 - 08:01

( Posts: 4671 | Credits: )


Well my dad went to his lawyer this morning with all the paperwork he had. The lawyer told him not to even talk to them when they call and not to call them. Because the debt is past the SOL. He said that if they keep calling them about this to record the calls and let him know and "he" would have some fun with them lol. I guess this lawyer doesn't like this company much. Hmmmm...go figure.


lrhall41

Submitted by puddlejmpr on Tue, 05/26/2009 - 22:02

( Posts: 1634 | Credits: )