Workman/Harold Scherr

You can't work with Orchard Bank if your debt has been sold to outside debt collection agency. In most cases, the collection agencies are only hired for collection purpose. You can still make the payment arrangements with the original creditors and not pay anything to the collectors. But if the accounts are sold out, you won't have any options.

You have to know the collection agency that actually has your account details. Send a debt validation letter to Workman's as well as Collect America that are making you the collection calls. Remember, you will pay to that agency only that has presented you the details correctly. Go through this page and see what you will be asking from the company while requesting debt validation:

http://www.debtconsolidationcare.com/validation.html

From the link you gave and the sample validation letter it doesn't look like it pertains to my situation. They contacted me and I'm not disputing my debt. I just want them to work fairly with me and they won't. Is there a way to get them to only contact me by mail and tell me how much I owe so I can get a debt counseling place to help me?

See the letters section in this site. Samples of cease and desist letter are also available there. You can tailor it as per your needs and request for your account status. Send your letter certified and keep copies documented in a file.

Request the account status in a separate letter first. If you mention the cease and desist point over there, they might think of not contacting you. Write very clearly that you want to be contacted only by mail and are requesting the balance owed. Make your points clearer enough so that you can take your move if the company does not follow your request.

Jenn

Based on the input provided by you, I'm assuming that you are not denying that this is your debt. However, a collection company is still required to provide you with proof that this debt is legit, as well as prove that they are allowed to collect on it.

Orchard Bank states that CollectAmerica is suppose to be collecting on it, but it appears that a "law office" is attempting to collect on it. You may wish to use the sample letter below to take action.

Regards-
Mike

[quote]Date: Thursday, January 26, 2006

Re: Acct # xxxxxxxxx

To Whom It May Concern:

This letter is being sent to you in response to a phone call made to me on January 24, 2006. Be advised that this is not a refusal to pay, but a
notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

• What the money you say I owe is for;
  
• Explain and show me how you calculated what you say I owe;
  
• Provide me with copies of any papers that show I agreed to pay what you
  say I owe;
  
• Provide a verification or copy of any judgment if applicable;
  
• Identify the original creditor;
  
• Prove the Statute of Limitations has not expired on this account
  
• Show me that you are licensed to collect in my state
  
• Provide me with your license numbers and Registered Agent

• Violation of the Fair Credit Reporting Act
  
• Violation of the Fair Debt Collection Practices Act
  
• Defamation of Character

Sweet. That letter is perfect. I spoke with two attorneys today that were listed on the NACA website for my area. One told me to send a letter saying to stop calling and trying to collect and the other told me to write them and say stop calling and mail them payments. Both made me concerned. But the letter above is perfect. Thank you so much for your help.

I sent the letter certified, and tonight I got a call from an automated line telling me to call a # regarding a certain file. No name, nothing. I called the # on my caller ID: 877-372-5114. I asked the person who answered, who were they? Because when they answered they did not identify themselves. Anyway...she refused to tell me and tried to get me to verify information. She said something quick about her company being Collection America. Which is slightly different than what I was told previously by Workman Law. So when I asked again what it was in reference to b/c I had sent a letter demanding no more phone calls she got all hostile (surprise) and wouldn't say. I recorded the call and she threw a fit and hung up on me. How do I know if this call was regarding the same debt? And if they just do automated calls how do I get them to stop? And how do I get out of all this? I hate feeling this way.

Jenn, this is worst part of the collection business. When you ask a CA to validate the debt and they fail to do so, they pass the account to some other agency, sometimes affiliated with them. They renew all the collection procedures because you didn't apply fdcpa regulations on the other company contacting you. I guess you will have to continue the same work of sending debt validation letters with "stop phone calls" again to this one also. Perhaps, very least can be done when companies use automated dialers. You will have to contact your phone company and get this number blocked. Perhaps, you can get some useful info in the thread below. It was discussing how to track the blocked numbers.

http://forums.debtcc.com/forums/call-tracking.html

So they called again last night, turns out they are Collection Company of America or something like that. Anyway I taped the whole call and told them to contact me in writing only. They said they would only stop calling for 10 days because I hadn't sent it in writing but then wouldn't give their address. It isn't for the same account. Its for a cell phone bill. I got that much out of them. So I called the cell phone company and they gave me CCA's address so I could send a letter. My friend used to work as a debt collector and she said if I tell anyone who calls that I'm "indigent" then they have to write off the debt. Is that true? She also said if I send any amount of money to the original creditors and they accept the payment then the current collector can no longer collect on the debt. Anyone heard of this? Anyone have suggestions for the overwhelming panic I'm feeling?

IMO, debts can be written off under special circumstances, but you need to prove your inability or financial hardship. You might have to show your bank statement, or credit report, so that your creditor can assess if you can afford it or not. I think it is a legal process and can be resolved through court. However you can visit this thread, if it is of any help to you-

http://forums.debtcc.com/newbklaw-effects.html

To the other questions you have asked, ou should send the cease comm. letter through certified letter with return receipt requested. Once the CA receives this they should stop calling you.

You can pay OC, but it will be wiser if you make an agreement before sending your payments. If OC receives the payment and do not pull back your account from collection, you will land nowhere. And if your account is sold to a collection agency, OC has nothing to do with it anymore. However, there is no harm in talking with OC, sometimes it works well. Best of luck :D

Well, just to let you know, I sent a validation letter to Workman Law office over 2 months ago, along with a 'do not call' statement...and I never got anything back validating the debt...in fact haven't gotten any correspondence for 2 months, then got a letter threatening to sue today. So, they obviously do not follow the fdcpa, and they have no intentions of validating the debt.

Oh TMD, I read in another post that you had gotten a letter today but you didn't say they were threatening to sue?? exactly what did the letter say? I've never gotten one and was curious for 'learning' purposes. thanks, shirley

The letter was very brief. It just said the basic thing, like since we have not heard from you, we can assume you do not intend to take care of the debt, something along that line. And that they are now reviewing the account for legal action.

I have an automatic debit regarding a credit card balance through the law offices of Harold B. Scherr however I have no contact information for this office and do not receive statements so I have no idea what my balance is. How do I contact the law offices of Harold B Scherr.

They just called me and said my credit card account has been handed over to the police because it is fraudulent and they are required to report fraud. Do they have the right to say that? Just when a credit card is delinquent?

Russell, telling you the account was handed over to the police/accusing you of fraud is a violation of the fdcpa and probably your state laws. The police will probably never be involved. But if they contact you, your claims against the CA go up.

Law offices of harold E. Scherr
1064 greenwod blvd. suite 328
lakemary florida 32746
scherrlaw.com

Great read! You should definitely follow up on this topic.

Adolph