Enough is enough!

GUEST YOU HAVE MADE A GREAT BIG MISTAKE by giving them access to your bank account!! Open a new one and close the other one, they will drain your account dry.

I would definitely close out that account and open a new one, I hope you are able to do that asap, I would hate to see you get swindled out of your hard earned money.

OK, here's how I would handle it.

Definitely, close out your bank account and open a new one. From what I gather, the CA is automatically debiting your account; you aren't initiating the payments? If the CA is debiting it, then I'm willing to bet they will keep on doing it and cause you to have overdraft and NSF charges, and you really don't need that while you're trying to get back on your feet.

Once you have done that, then I would recommend sending them the $25 payment, every two weeks as you stated, either by bank check or money order. If you have automatic bill pay, you my even be able to set a payment to through your online bill pay. I'd be willing to bet the payment would go out as a check and the bank information on the check is not the same information as your bank's routing/transit number and your account number. You can call your bank's online bill pay department and verify with them. If that's the case, you don't have to worry about the CA getting hold of your new banking information and attempting to go in and clear out your account and you will also have a record of when the payments were made and if they were in fact cashed.

If this is already an automatic bill pay you have set up through your bank, then just change it to $25 every two weeks. I wouldn't think you would need to close out your bank account at this point, as the CA shouldn't have it unless you did give it to them.

If they receive the payments, and keep them without returning them then they would look like idiots if they tried to sue you and you could provide proof they have been receiving and keeping the payments. If they do return them, then that's a whole other problem; however, you could still explain to the judge about your being unemployed for 2 years and you are doing the best you can. It shows you are at least attempting to make good on the debt.

I'm curious to see if anyone else has any suggestions on how to handle this, though.

It is unbelievable that you have paid that much and they can't work with you. I think Ron gave excellent advise in his past post. I would take his advise. Worse come to worse they will take you to court and you get to tell your story to the judge can see where you are coming from. just remember if he (the judge) sets a payment you will have to keep with that one.

That's how I am already paying them; through bill pay. I have it set so that my bank automatically debits my account, and subits a check to them. And the above poster is correct, the check they received does not have my bank account info on it.

I have ADD (attention deficit disorder). I am working two jobs, but most of my money goes to childcare payments. After paying childcare, the MOST I am bringing home from my second job is $75 a week. I know it may not seem enough to some of you to even bother with the second job, but some weeks it is my saving grace and all we have to live on that week.

So my house tends to get very messy and disorganized, which leads me to forget to do things. By setting up these automatic bill pays, I know the payment will be made each week and I don't need to worry or think about it.

I'm going to try to pay with my budget, see if I can squeeze it a bit more. If not, I will have to wind up reducing this payment, whether Eltman, Eltman, and Cooper likes it or not.

It????????s just so frustrating and depressing that I am doing everything possible here to get out of this whole. But I feel as if I am 20 feet below and trying to dig my way out with a small seashell. And anytime I make a little progress, there????????s a cave in and now I am further down below then what I was. When does it stop?

I know that I got myself into this. No one taught me about financial responsibility when I grew up, so I made poor choices when I was just starting out. Having a deadbeat ex who refused to make shield support payments (and refused to work on the books so I could get it garnished!) did not help. I am doing the right thing and am paying my way out of the mess I????????ve created. But when does it ever get better? What can????????t the government give ME a bailout plan?????

Have you ever sent a DV? Was this agreement in writing? The reason I ask is that I am wondering if the company is charging you interest and basically all you are paying is the interest.....they love to do this....sometimes it is even interest that is illegal.

You said it was a home shopping network card...do you know if the account is still owned by them? It almost sounds like it was bought by another company.....when they served you papers who was the plaintiff? Anywhere on those papers did it say that the account was owned by HSN?

Since you are not in court now I would immediately send a DV and accounting, it is perfectly reasonable to want to see if the account is being credited properly. You should also check your credit reports and see what it says? If they are reporting correctly it should have a lowered amount owed, but I bet they are not....and if they are not, you have a bit more leverage in dealing with them.

But make sure that you are not just paying interest, because then that debt will never go away, you will be making your payments well into old age.

I just looked at my updated 3-in-one from TransUnion. It????????s listed as WASHMTL/PROV.

TransUnion:
Condition Closed (PAID)
Balance: $0
Pay Status: Collection/Chargeoff
Under the Two Year Payment History: Completely blank, no boxes.


Experian:
Condition Closed (Transferred)
Balance: (it????????s blank)
Pay Status: Collection/Chargeoff
Under the Two Year Payment History: CO box (Chargeofff/collection) for June, July, and August 2007. No boxes after that.

Equifax:
Condition Derogatory
Balance: $0
Pay Status: Collection/Chargeoff
Under the Two Year Payment History: CO box (Chargeofff/collection) for June and July 2007. White boxes (legend states that means unknown) after that.

Is this being reported correctly?

I would have to check my files at home to answer your other questions Goldenblast. I don????????t recall sending a DV because that was before I knew about this site and I was so uninformed. We did have an agreement in writing stating I would pay $100 per month until the balance of about $3100 and change was paid off. I don????????t recall if there was a payoff date on the agreement. I don????????t recall the letter discussing interest applied, if any.

I don????????t think the account is still owned by HSN/Povidian

I think the papers were labeled as the Law office of Eltman, Eltman, and Cooper on behalf Erin Capital Management. Checks are written to Eltman, Eltman and Cooper c/o Erin Capital Management . Eltman and Eltman is the one that is endorsing the check. I don????????t recall if anywhere on the papers it said HSN.

So are you suggesting sending a DV letter now???? Can I do that, since I have been making payments for a year? How would I even word it? The form letters here certainly would not apply to my situation.

Hmm. I can maybe help you word your letter. I think in this case you have every right to DV, despite making payments. In fact, I think so BECAUSE you have been making payments faithfully for a year...53 payments and yet according to your credit reports, they look like charged off accounts that have not been paid? Fishy. Amount owed blank? Even more fishy!! Unless....this is the original creditor listing...usually for something like this there will be two listings, one the OC and the other the CA..is there nothing on your reports from Erin Capital Management? The letter you send should definately ask for a complete accounting of the debt, and to show proof that they are the ones actually holding the debt. This is your right, even despite the fact you have been paying..they key here is that you are not saying the debt is not yours, but that the circumstances surrounding the debt are questionable. In the letter you can be to the point, firm and even a little harsh. You have been making payments in good faith and a request for an accounting is within your rights and if they don't want to show good faith by supplying the information to YOU, then what does that say about them? I would throw the threat of court back in their face, that if they do not provide this information to you then they must not have it. You can and will take them to court and force them to cough up these papers or you will be suing them for the return of every red cent you gave them plus extra for making your life hard in the year that you were acting in good faith on a debt you thought you owed to them.

Even if they do provide the proper paperwork (and I am seriously doubting they will be able to) You need to look closely at the agreement you had before and make sure that the account will be paid off in full when the sum of $3100 is reached. You also want to see if they have in their records that you now only owe $1650, if they say otherwise then you should be wary!

Thanks for your help. I will check all my paperwork when I get home. Although I have a problem with disorganization, I keep all my mail about my debts in one box. And when I can, I file them in a binder for future reference. I am completely commited in getting out of this hole!

But no, no listing from Erin Capital Management on my reports, or from Eltman. There ARE credit inquiries on my report from Eltman on 11/2006, 1/2007, and 4/2007. And under creditor contacts, there is a listing for Eltman.

On my online credit report, I clicked on "more about this account". The report date and remarks are as follows:

TransUnion:
06/01/2008
Payment after charge off/collection

Experian:
08/29/06
Purchase by another lender. Unpaid balance reported as a loss by credit grantor

Equifax:
Account transfered or sold. Charged off account.

The reason for these updates in 6/2008 may be because this account was originally still reporting with a balance, which was contibuting to the total balances on my CR. I had disputed it with the CRAs, and hence the update.

Ok, as promised I pulled out the paperwork and here is what I found.

In my current binder, I had a copy of our last correspondence in Aug 2007. I thought I also had with this the original copy of the subpoena, but as per my notes I filed that away for safekeeping because at the time I didn????????t have access to a copy machine. I have to wait until my fianc???? and I are home together; it????????s in a box in an overhead closet and I need someone????????s help to climb up and get it. (My dream is to one day have a home scanner so I scan all these docs!!!!).

So in the Stipulation of Settlement, it lists a file number, and account number, and index number, and the Civil Court of the City of New York. Plaintiff is Erin Capital Management, LLC and I am the defendant.

Do you think I should call the city clerks office, to see if there was an actual subpoena against me? And if so, this settlement is on file?

Yes...see if they even actually sued you. I can see that this account was sold and bought, likely by a JDB. Now they do have you on contract admitting to the debt, but you may have a way around it, but it will take a judge. Also I am a bit worried about that little end part about the interest....it doesn't list an actual amount of interest, so they could try to pull any number out of their butt!

A DV is in order, asking for all the proper documentation because now you question weather they were ever authorized to collect upon this account, or that the legal owner of said account is in fact Erin. You also want a copy of the original account statement that listed the final balance owed and a copy of the signed agreement stating any and all interest rates. You then want a copy of the current account, showing how much has been paid and how much is left due.

If you like I can try to write up a basic letter for you and you can copy and paste and put in all the important information. What state are you in so I can go look up your states collection laws?

Goldenbast, that would be so incredibly awesome of you, and I would be incredibly grateful! I????????m not exactly sure how to word it in this particular situation. I would be eternally grateful for your help.

I am in NY. Thanks so much!

OK, updating this. I verified that there was a case filed against me in court. I was given a website by the New York City Clerk to look it up on and found this. I xxx out all my personal info:

Bumping this up, to see if you are still willing to help me with that letter, Goldenbast? Thanks!!

OH I forgot!! I am SO sorry:(:(:( Just about the time I offered to help you, my 6 year old son was bit by a Recluse on the knee and had to go to the hospital, the bite was bad and quickly got infected and his stay was 4 days being pumped with a ton of antibiotics.

Of course I will still help you! I am sorry I forgot. *sheepish grin*.

Ok that court info is a bit confusing..it doesn't seem to say what the actual status of the case is. You should call up the court and ask the status of that case. I am not sure if that case is still dangling over your head or not...I didn't think they could be, but I don't know for sure.

You can also try calling the OC and asking them who the debt went to....if it is anyone other then Erin, that just strengthens your position all the more because who knows who actually has this account...would really suck if you pay this off and some other CA comes around claiming they are the rightful owners of this debt.

Just to see what they say you should cal Erin and find out what the balance is of the account, see if it matches..don't talk to them for long or answer any questions other then to prove it is you (last 4 of social should be sufficient) I would also record the call if at all possible.

I am not sure how to word this letter while the status of this case is unknown.

FYI; I'm NOT a Lawyer and I've successfully taken on these type of predatory Collectors in Small Claims Court and won, as they aren't holding the 'original, signed' Application form for Credit w/ the original Creditors, etc... Matter-of-fact, I can't find anywhere that it says in the Law that they can do what they're doing Legally, either...!!! Google it and see... email me ASAP and I'll send you some Legal doctrine and definitions to help out your Case, and as recent posts indicate, IF they're also messing you over, as in not reporting correctly, etc., you MUST swallow your 'fears' and go before a Judge and make your case w/ the info. that I can share w/ you online... It's all Legal and even ethical, BUT you must be willing to at least temporarily IGNORE certain things that you've been 'pre-programed' by the evil and wicked 'Credit Card Industry' into thinking are the facts, when the EXACT opposite is the TRUTH...! -For example, IF it was me, (B-4 you signed the agreement to make those payments...) I would have gone to Court in person and told the Judge, 'Hey, I never responded to these guys because they are NOT someone that I ever have ever dealt with in business, nor do I have any records of dealing with them, ever, let alone owe them money, etc...?! Now, after agreeing to pay them, it will be harder, but the Law is STILL on your side, as they've violated almost all of the 'Fair Collection/Lending Rules' and you can have them fined literally $thousands$ of dollars for EACH transgression, to the point that they will LOSE money on you and be forced to drop you, and they will hate you, too...!!! Back to the Judge; you STILL have every right to tell him that you've faithfully paid something into this 3rd party 'Creditor's pocket', but that you've since learned in the Law that you have (had a right to) a right to A.) Challenge the fact that you owe them a dime in the first place, they never proved that B-4, i.e; THEY STILL would have to PROVE it in Court before the Judge, LEGALLY, with EVIDENCE of ORIGINAL, SIGNED COPIES of the actual original DEBT INSTRU-MENTS (or, have 'valid, Notarized copies' of same, swearing to and attesting to the EXACT Copy of Original signed Agreement docs, etc...) and how has it come to be that you legally 'owe them' anything as a (3rd) third party to any of those original Agreements, i.e.; 'Contracts', etc... and, B.) They will NOT have any of the Original docs to show the Judge, (violation: a FRUAD before a Judge/Court) or even Legal copies of same, and you can get then get this agreement nullified as a FRAUDULENT Agreement, (when they 'illegally coerced you' into signing their FRAUDULENT Agreement, when they KNEW you didn't legally owe them a penny, they're Lawyers after all and they MUST KNOW the LAW, and they will look VERY basd before a Judge now...!!!) C.) Again, they ILLEGALLY and UNLAWFULLY coerced you into a FRAUDULENT Agreement, via intimidation and threats of further sanctions and Legal harrasssment, etc... (Legally that payment agreement is VOID becasue of how they coerced, intimidated and made fraudulent accusations, based upon ANOTHER parties agreements in which they were NEVER a party to, originally!!!) ALL OF WHICH IS VERY ILLEGAL!!! Now, IF you didn't understand what I just said, now, FORGET the 'original Creditor', they're out of the picture and these predatory Law Firms do NOT represent those Creditors, they're gone, finito, out of sight, not a party anymore, legally speaking!!! The ONLY folks that these predatory Law Firms represent is THEM-SELVES, period...!!! That's another point, read everything over again VERY, VERY carefully and see IF they imply or even try and say that they do 'represent' the original Creditor, etc., becasue they don't, (they can't!) but they want you to think they do... Didn't you ever wonder WHY the original Creditor NEVER EVER sued(s) you personally??? -Think about that for a minuite... It's because they CAN'T without a VALID CONTRACT, and an 'Agreement is NOT a valid Contract!!! So then, IF we never 'agree' to these claims that the (3rd) third party pre-datory Law firms make, (that we ever owed them any money) how can they LEGALLY sue us either...?!?! Problem: Matter-of-fact, we are our own WORST enemy when it comes to those Credit Card Debts, as we will 'testify against ourselves' all of the time, thinking we're being honest and truthful, when LEGALLY the Party that we DID 'default upon' is totally out of the picture at the point that the predatory Collectors come knocking on our doors... Remember the Fifth Amendment?!?! We have the RIGHT to say nothing, to NOT incriminate ourselves, etc., (especially if it's NOT true...?!) and they use our own 'testimony' against us, because we don't know how we're being illegally manipulated, etc...!!! The last bit of info. that you need to know will forever change your mind about Credit Card Debts and the Credit Industry, NOT to mention Banksters, etc... -Did you ever stop and think how is it that Bank of America has 300 to 400 Bank Branches in the Metro-Phoenix area alone, not to mention ALL of the other Major Cities and states that they have Offices in...!?!?! Where does ALL of that money come from to build, operate and staff all of those thousands of facilities nationwide, etc...??? -From collecting Interest and penalties on money they've 'loaned out' that it's even their money, etc... It's money that they 'create' electronically out of thin air, via the 'Federal Reserve Banking rules' of 'Fractional Banking' which in essence allows them to Loan you $5,000 ELECTRONICALLY on a Credit Card, when they only have $500 on deposit in their Bank...!!!! -Get it?! In this example, assuming you 'spend' the whole $5k, you are paying interest on $4,500 that was 'magically created' electronically by key-strokes on a Keyboard...?!?! -It's a 'Ponzi Scheme, through and through, and us Consumer's pay it day in and day out because we are IGNORANT of how they actually 'monetize' our signatures on the Credit Card Agreement Forms, whcih Legally speaking, those agreements are NOT a Contract, etc... -That's why you must email me for more info... They (those original creditors whom you 'first' owed the money to...) FRAUDULENTLY created money out of thin air, WITHOUT informing you what they were doing, 'cause IF you knew this, you would NEVER sign one of those Agreemetns in the first place, cause it's FRAUD, and you have the RIGHT to know BEFORE you sign anything to know all about that 'Credit Transactio' by Law under the 'Fair Credit / Lending Laws' of the USA...!!! email me at jbmattheeussen 'at' yahoo 'dot' com for all of the Legal concepts to look up and learn, you are in the right here and they are ripping you off in many more ways that you think...! Thanks very much for your patience and time in reading this...! -jbm -P.S. Lawyers are very, very 'clever', (along w/ the Banksters...!) they never will admit openly to the illegal and unlawful way in which they entrap Consumers by the hundreds of thousands every year!!! And they earn $300/hour to rip us off, too...?! -Sickening, sickening, sickening... -jbm (Sorry for repeating myself, but it took me awhile to 'see' the truth that they want us to 'miss' because they're taking a legal action against us and we panic, etc...!)

Here is my question... I, too, have ADD and I know how hard it is to keep things paid when you are 1. not making much money and 2. completely disorganized. Can someone PLEASE tell me what my rights are with ADD and settling debt? I was 18 and not working when they gave me this credit card. Well, I was doing work study with my school but I mean that was minimum wage and maybe 5 hours a week... it was 6 months no interest and I thought it meant 6 months no payments. Well of course when they sent a bill I thought it was no big deal until they sent another with fees and then cut off my card. They gave me a 1500 credit line and now out of confusion and them "accidentally" taking twice as much as was agreed upon out of my bank account every 2 weeks and my inexperience and then of course completely freaking out because of the stress it caused (as well as it being my freshman year in college)... it has become a $3700 debt when I seriously charged under $300 worth of actual stuff on the card. I am completely beside myself here- they are suing me and I barely have enough to get my bills paid as it is. I'm having to sell every decent item I have just to have a fighting chance at getting this thing paid. Is there ANY way I can fight this? Yes, I know I brought it on myself but I'm not the only person with ADD who has found herself in this mess. There HAS to be help... there has to be rights somewhere, somehow ... any advice?

Mind you this debt was accrued back in 2004... and i am in Tennessee. I'm doing much better about paying my bills now, but this whole thing could really get me off track again.

You get organized & you get treatment for the ADD.

ADD isn't an excuse to not pay, neither is lack of disorganazation.

You have the responsibility to treat it, and get organized.

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