Need some help settling a credit debt (first and last timer!)
Date: Sun, 04/11/2010 - 18:51
Here's my situation. I have a debt that the original creditor charged off last year (They sent me a settlement email before they charged it off but I didn't have any money at the time to pay) and sold to CACH/CACV/Collect America/Square Two or whatever else they call themselves who in turn, apparently, sold it to J.A. Cambece. This may be irrelevant info but I thought I would say it anyway; My original creditor had Collect America listed as the CA, but I was never contacted by them ever; I only received communication from J.A. Cambece. And not enough time had passed where CA would have tried to collect from me; it's like the second they bought the debt, they gave it to Cambece. I don't know if that was by design or not but just thought I would mention it.
Anyway, I received the dunning letter from Cambece mid-fall of last year, a couple of months after the original creditor closed their account with me. I've been unemployed for the past year (some temp jobs here and there but not enough to pay off debts; just 'living money') and have been unable to pay or settle with them. I have since saved up enough to provide a sizable settlement to them. I acknowledge the debt and the information on the dunning letter and here are my questions.
Since I do not dispute the debt nor the info on the dunning letter, should I just call them to negotiate a settlement with them and have them send the terms of the settlement in writing so I can pay or send them a Validation of Debt letter to start the negotiations and only communicate through written communication from then on? I know the golden rules (Only pay with MO/Cashier's Check, get everything in writing, send everything CM:RRR, copy everything) so I don't think they can burn me if I just call to deal with them. My original plan was to call and work things out but if they wanted to be difficult, tell them I'm going to hang up and draw up a VOD letter and start a long, drawn out, written correspondence process. I have doubts that that would convince them to not jerk me around on the phone but that, to my knowledge, is my only plan at the moment.
I would also like to know how to negotiate not only the settlement, but perhaps getting them to report to the credit bureaus that I'm Paid in Full or some such to get me a better rating. But if they aren't the true CA (i.e. if Square Two/Collect America is) I would like some info on how to deal with them to get my rating and this settlement squared away.
As I said, I'm willing to pay a fairly large settlement in relation to the total debt and I want to get this squared away with them; if they act like any sensible, profit-driven business I'm sure they would love to scratch my name off the books and put some money in the bank so I don't see why they wouldn't want to make this easy as long as I'M making it easy. I'm not giving them the runaround or wanting to make payments, I just want this to be done. So if anyone has any tips, tricks, hints etc. on how to best go about doing this, I'd greatly appreciate it.
Thanks in advance,
Big P
If you have no reason to dispute the information about the debt,
If you have no reason to dispute the information about the debt, sending DV would be redundant. IMO you should call them up directly and negotiate settlement.
However, if you're not confident whether they are the right collection agency to collect or not, you must send the DV to confirm that.
To correspond with the CA you can take help of the sample letters available here.
Best of luck!!
It's not that I'm not confident that they are or aren't the CA,
It's not that I'm not confident that they are or aren't the CA, I just don't know how Collect America/Square Two works. It seems like they are the debt holders but they farm out law offices like Cambece to send scary-looking law office letters. But if I deal with Cambece, they probably just kick that back to Collect America right? They are the muscle pretty much that the CA sends.
Also, I've been told by a friend that has some experience with this sort of thing that I have to keep all this documentation from this settlement for life, in case they try to sell to another CA or dispute it in court later. Is this true? Can they come after you years later? And he also said they don't have to report to the credit bureaus that you've paid and even if they did, just because the bureaus report it as paid and done, that won't stop another CA that they sold to to try to collect on me again?
Are they legally obligated to report to the credit bureaus once I've paid? And would that report be enough to keep anyone else from coming after me?
I forgot to mention, would I even be able to send a Validation o
I forgot to mention, would I even be able to send a Validation of Debt letter since it's way past the 30 day mark that they sent the dunning letter? If I can't send a VOD, I guess i'll just have to trust that they are holding the debt right?
Nobody knows eh? All these other people getting help...
Nobody knows eh? All these other people getting help...
I'd send the DV anyway. Or call the original creditor to find o
I'd send the DV anyway. Or call the original creditor to find out who owns your debt. Trusting a CA is something I'd never do.
I dealt with cambece last year, and they were horrible to try an
I dealt with cambece last year, and they were horrible to try and deal with. When they couldn't scare me into paying they moved it to another of their collection lawyers, its a never ending cycle. They will probably do the same with you. I can't tell you what the best thing for you to do, I guess it all depends on what you want. Me, I don't trust any of them. I'm sure mine will eventually wind up in court, but that may be the best thing, because i don't trust paying CACH or any of their flunkies and then they turn around and year later and sell it to someone else or say that you still owe just as much as you did when you started. I'm not going to deal with that, so I have choose to just let it ride, if it goes to court fine and if it doesn't great. I know you want no bashing, but CACH and their network of lawyers and one of the worst to deal with, especially Cambece. I don't know if there is a right answer out there, some people can come up with settlement agreements in writing, some can't, every CA that I have dealt with refuses to put anything in writing until I pay something, I refuse to pay until I have something in writing.
An Update
Well, I just got a dunning letter from Buffaloe & Associates (Another CA apparently) so I guess they now own it. I haven't heard anything from Cambece for months now, never knew why but now I guess I don't have to deal with them.
So since it's changed hands so much I think it would be a good idea to do a Verification of Debt letter or do I stick with the original plan and just call them and work this out?
send a DEBT VALIDATION.not verification.time to make these place
send a DEBT VALIDATION.not verification.time to make these places put up or shut up.the fact that it changed hands so much you should wonder about the legitimacy of anybody attempting to collect.validation should be your watchword from now on.
Paul, the sample Validation of Debt letter on your site makes it
Paul, the sample Validation of Debt letter on your site makes it sounds like I just by happenstance found out about this debt and that I'm asking to see if I'm even the person that owns it. I know that I own that debt and owe the money, I just want to draft a letter to get them to prove THEY are indeed the ones holding the debt and that if I pay THEM, this matter will be done with.
I'm just confused as to what role the law offices play in the collection game. Are they the CAs themselves or are they just the legal muscle for places like Collect America/Square Two?
Also, I have some stuff I never got answers to previously:
"I've been told by a friend that has some experience with this sort of thing that I have to keep all this documentation from this settlement for life, in case they try to sell to another CA or dispute it in court later. Is this true? Can they come after you years later? And he also said they don't have to report to the credit bureaus that you've paid and even if they did, just because the bureaus report it as paid and done, that won't stop another CA that they sold to to try to collect on me again?
Are they legally obligated to report to the credit bureaus once I've paid? And would that report be enough to keep anyone else from coming after me?"
well validation entails them proving they have legal right to co
well validation entails them proving they have legal right to collect.heck i could type up something stating the debt owed,and that you should just pay me.would you do that?i don't think so.again this has been through so many JDB'S that if you pressed them they can't validate.once more it's not about knowing you owe.it's about finding out if this place has legal right to collect.that is the difference between verification and validation.