CACH and how to deal with them
Date: Tue, 05/19/2009 - 22:57
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]
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)]
I told him to FIND the copy of the letter because he may need it
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.
What state does she live in? Was 2005 the last payment?
What state does she live in? Was 2005 the last payment?
They are in WI. The last payment was made sometime in 2004.
They are in WI. The last payment was made sometime in 2004.
CACH are one of the worst to deal with, I have an account with t
CACH are one of the worst to deal with, I have an account with them they are using J.A. Cambece Law office to try and intimidate me. Tell you dad not to let them intimidate him, they will threaten just about anything to try and get you to pay.
That's what I have heard :x That's why I cringed when he told me
That's what I have heard :x That's why I cringed when he told me who it was. I will be talking to him in the morning to see if they called him back today. I just may end up calling them myself :x
I don't know anything about the laws in WI, but you might check
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.
SOL is WI is 6 years and WI is also one of the 2 states in the c
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.
Here's a link to WI's post judgement exemptions: http://busin
Here's a link to WI's post judgement exemptions:
http://business.uschamber.com/P98/P98_12_assettables_WI.asp
That's what I figured. I will type up a DV letter and send it ou
That's what I figured. I will type up a DV letter and send it out. Thank you!
Have they ever mailed a dunning letter or has it just been phone
Have they ever mailed a dunning letter or has it just been phone calls up til now?
Thanks Nascar that answered alot of our questions of what they c
Thanks Nascar that answered alot of our questions of what they could go after :D
They got a letter in the mail and then he called them.
They got a letter in the mail and then he called them.
Well my dad went to his lawyer this morning with all the paperwo
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.