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credit card sent to collections

Submitted by Singlemom on Wed, 12/19/2012 - 20:29
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If anyone could give me some advice that would be great. I had a credit card with a balance around 14,000. I was making payments to the original creditor up until atleast over a year ago. I had stopped due to a divorce and financial set back. The account was charged off and I finally heard from a collection agency today. My questions are:
1) can I make them not call me at work and at home only?
2) even though I owe the debt can I still make them send me a validation letter before I agree to payments?
3) how do I find out the SOL on the debt?
4) they did offer to cut the balance to 50% but wanted atleast $500 by 12/31, which I cant due. I get paid bi weekly and have to pay rent and daycare this week. They also offered 6 monthly payments of around $1000 and then they would close the debt out as pif. Im trying to get them to let me make the $500 payment with my following paycheck on 1/3/13. Any suggestions on what Ican do jere???


what is the naca? I cant afford to get an attorney. Im just afraid if I dont agree to anything they will take me to court. So before anything I should ask them if they bought the debt and to send me written proof? is that my legal right? and then work with them from there once I get the proof? also what is the differece if they bought it or not?


Submitted by Singlemom on Thu, 12/20/2012 - 03:05

Singlemom

( Posts: 104 | Credits: )


what is the naca? I cant afford to get an attorney. Im just afraid if I dont agree to anything they will take me to court. So before anything I should ask them if they bought the debt and to send me written proof? is that my legal right? and then work with them from there once I get the proof? also what is the differece if they bought it or not?


Submitted by Singlemom on Thu, 12/20/2012 - 03:05

Singlemom

( Posts: 104 | Credits: )


1)Did you admit to them that you owe it?
2) Are you sure they bought it? Make them show you proof.
3)They aren't allowed to call you at work or harrass you on your home phone.
4)IMO, don't agree to ANYTHING.
5)Make them send you written offers.

You may be able to find an attorney through NACA to answer your more complicated questions.

Good luck! I've been through 4 of those so far, and my attorney has won each one of them.


Submitted by on Wed, 12/19/2012 - 21:20

( Posts: 202330 | Credits: )


An NACA attorney will not negotiate for you free of charge.  They will take on an account for no charge if there is an FDCPA violation that they can win for you.

Buckeye....
1.)Did you admit to them that you owe it?

She indicated she owes it.



2) Are you sure they bought it? Make them show you proof.

She didnt say the the loan was sold....it could have been assisgned.   If the loan was assigned vs being sold, DVing can cause you to be sued quicker



3)They aren't allowed to call you at work or harrass you on your home phone.

WRONG.  Have you read the FDCPA??  They ARE permitted to call you at work.  However, it you tell them not to, THEN they must not call.  You have to tell them specifically not to call.



4)IMO, don't agree to ANYTHING.

Your opinion could get her sued. 



5)Make them send you written offers.

CA's to NOT negotiate in writing.  The only time they will put anything in writing it for a settlement agreement after it has been negotiated verbally. 

To the original poster...

Who is the original creditor?  Who is collecting it?  Have you called the original creditor to verify placement??

SOL is calculated from the date of your last payment.



Submitted by SOAPLADY on Thu, 12/27/2012 - 18:48

SOAPLADY

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My mistake - sorry for misquoting, the ones that I had looked at would answer questions for free... and the cost was usually lower than most.. 


Submitted by HelpinAZ on Fri, 12/28/2012 - 04:14

HelpinAZ

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