Help with agressive collector
Date: Mon, 02/15/2010 - 17:48
addition
In reading many of the posts I realized I probably didn't share enough info t receive any replies.
The original creditor was Care Credit or GE money. I had a limit of $3000 but used $1480. They sent my first bill 7 days past the due date. When I called to notify them I spoke with a foreign woman who claimed the billing cycle was correct and now I would have to pay interest on the amount. My monthly minimum would be $300. I never qualified for that amount! They wouldn't take a lesser amount so I just didn't pay. I then spiraled into foreclosure...had my mortgage modified...and now gaining a tentative foothold with my finances. This account was charged off in 2008. Fast forward to 3 months ago when I started getting multiple calls from a law office. When I returned the call I spoke with an incredibly rude woman who demanded payment in full for the debt (which was now $2990 rather than the original $1480). She wouldn't even tell me who the creditor was! I attempted a 2nd call a few weeks later and ran into the same scene. Rude and unwilling to work with me. Now I've received a threatening letter from this law office saying a lawsuit is being filed against me and enclosed was a copy of the sample lawsuit/judgement plea and a photocopy of a cardholder agreement (not signed by me). I'm trying not to panic but wonder if I follow the verification/validation method suggested in some of the forums? Do I send a registered letter offering a settlement? Do I request a settlement offer? What if they don't agree to a settlement? I'm self employed and income to debt ratio is at 44% without that payment. I really appreciate anyone taking the time to read and advise!
first you want to find out if this SO CALLED law office is in yo
first you want to find out if this SO CALLED law office is in your home state.
second you want to find out IF THEY REALLY OWN THE DEBT.
i have a gut feeling the odds that they if OWN the debt they really dont operate out of your home state, given its a 1 & 50 chance. this being said they cant do any legal action unless they hire an attorney in your home state.
ive never mentioned this yet on this forum but the usual debt purchasers purchase debt at an average of 5 cents on the dollar!!! so depending on what you owe and what they settle at THEY ARE ALWAYS MAKING PROFIT. even if they get a 10% settlement.
do some research to figure out if they really ARE in control but im guessing they arent.
LOW BALL THEM AND STICK TO YOUR GUNS, ALL PURCHASED DEBTS SHOULD BE SETTLED AT 30% AND MOST OF ALL LESS.
aka RIOT
Quote:Originally Posted by julijWhat is the best way to proceed
Quote:
Originally Posted by julij What is the best way to proceed with an attorney who bought an old debt within the SOL time and is demanding payment in full. The original amount owed was $1480 but they are demanding $2990 and threatening a lawsuit. Trying to talk with them is impossible. Rude, rude, rude! I don't dispute the original debt, just the horrendous interest and late fees tacked on! Thank you in advance for your suggestions. |
did you receive anything in writing from this attorney?if so send them a DV letter.send it certified mail return receipt.if not then state you will not speak to them again until you get details in writing.i would also do as guest advises.check to see if this attorney is licensed to practice law and collect in your state.even attorney's are subject to the FDCPA when attempting to collect a debt.
