PayYouNever Tracker

Re: Collector Violating FDCPA regarding Harassing Phone Calls AFTER Cease Communication Letter

PayYouNever — Fri, 22 Feb 2013 00:11:20 GMT

I received a letter just now from the CA AG, and they don't handle this type of and suggested that I contact a division of the Fed and the consumer protection bureau.

I didn't know that FDCPA doesn't apply to OC internal collections... it's odd, because when I sent the letter to ask to stop citing the specific FDCPA section and subsection, that made them act.

Anyway, it can't hurt to send the ITS letter and I'll contact the Fed and CPB to see where things go.

Thanks for the information.

Re: Collector Violating FDCPA regarding Harassing Phone Calls AFTER Cease Communication Letter

PayYouNever — Thu, 21 Feb 2013 21:46:27 GMT

If I was to go about suing them, how would that work? File a Small Claims suit?

Collector Violating FDCPA regarding Harassing Phone Calls AFTER Cease Communication Letter

PayYouNever — Thu, 21 Feb 2013 21:41:23 GMT

I have a question about what relief is available to me in a situation where First Premier Bank was harassing me with phone calls (about four or five a day) in regards to a recently closed account (I missed two payments due to a banking error). I sent them a letter per the FDCPA stating that I didn't want them calling me about the debt, and that they could communicate with me about it in writing only.

I received a letter from FPB acknowledging receipt of my letter, but then over the next week they continued to call me. I decided to speak with one of their Collection Reps, and she admitted that there was a mistake as to why I was on the auto-dialer, apologized and hung up.

I filed a complaint with the FTC, BBB and the CA AG, but what else can I do? How can I use this violation of my rights to negotiate a favorable settlement on the debt? It's only a small amount $500, but it's listing on my CR that it was closed by issuer.

Thanks...

Re: Help with CashCall Settlement - Need Advice!

PayYouNever — Sat, 16 Apr 2011 15:34:35 GMT

I like the letter. I'd be curious to hear how this works out. I, too, have several derog TL from payday lenders (got caught in the cycle during the Great Recession). And now I'm prepared to rebuild the credit score again.

Re: HSBC Success! (GW E-mail Inside)

PayYouNever — Wed, 06 Apr 2011 20:49:34 GMT

Hello,

I would very much like the the email to the HSBC executive. After a financial tailspin of being out of work for two years, I'm getting back on my feet and need to address a REAL person with help with my situation.

Thanks,

Re: Legality of Charge Off Removal

PayYouNever — Sat, 02 Apr 2011 17:08:54 GMT

So is the lesson here, to negotiate any delinquent debt payments with the OC

and part of the stipulated deal is to have the OC withdraw the account from a CA?

I feel that it's worth PIF the OC if it means getting the account pulled back from the CA.

Removing a Judgment

PayYouNever — Sat, 02 Apr 2011 16:53:33 GMT

Back in Feb. 2004, I was sued by my landlord over non-payment of rent based on the fact that I pleaded with him over 8 months to repair the roof of the apartment building, that eventually broke through the ceiling and ruined my home office. I lost the case and was handed down a stipulated judgment from the LA Superior Court. I never paid, because the destruction of my home office from rain water spilling on my computer, filing cabinet, high-end photo printer and other equipment set me back about a full year in my business.

So now it's 7 years later and I want to quickly remove the Judgment from my credit report, how do I successfully go about doing that? Considering that the landlord could re-up the Judgment another 3 years (I think, it might be 5)?

What do I need to mail to the LA Superior Court? What do I need to mail to the 3 CRA?

Thanks

Re: Disputing Denial of Coverage with Health Insurance Company

PayYouNever — Thu, 11 Mar 2010 23:36:34 GMT

Noah,

I'm contacting both the hospital and the insurance company. I'm basically asking for a recode from the Hospital and I'll following what you outline in your sig line with the Insurance Company.

I'll let you know what happens.

Thanks,

Pay You Never

Disputing Denial of Coverage with Health Insurance Company

PayYouNever — Tue, 02 Mar 2010 23:21:29 GMT

Perhaps this is the wrong forum, but I need help with disputing a Denied Claim with my health insurance company. I was denied coverage because the ER doctor coded my procedure as something the Insurance company wouldn't cover, yet I had no choice in the matter. I had collapsed and then woke up in the hosital.

Thanks,

What's the URL for the Complete Step-by-Step HIPAA Process?

PayYouNever — Tue, 02 Mar 2010 23:19:37 GMT

I have some medical debt that I need to tackle, and I want to go through the HIPAA process. However, i can seem to a find a working URL/Thread that breaks down the steps.

Thanks,

Re: Charge off Deletions

PayYouNever — Tue, 26 Jan 2010 21:53:40 GMT

I don't see why you didn't negotiate a PFD. I mean, if you're at 60 and 90 days past due, you credit is hurt pretty bad, and if you had the money to PIF, then you should have written a PFD letter, because once you've PIF you have no leverage to get them to play ball.

They want their money, you want a better credit score. Start with "No money, unless you can help me."

You might have to carry these black eyes for 7 years, and hope that after 3 years that don't torture you as much.

Collection Agency Access Credit Record to Use Against You

PayYouNever — Sun, 27 Sep 2009 21:56:26 GMT

I got caught on the phone the other by a Collection Agent, looking to get me to commit to a payment on a judgment. As I've been out of work for the past 3 months, I didn't have the money to make a payment (through the mail) or arrange for a future payment (which he SO wanted). The Agent told me that I had a car (with a monthly note with Wells Fargo) that I should sell (as if that's prudent in Los Angeles) to free up money to pay the judgment. He also stated that he saw how i was up-to-date on my three remaining credit cards. Obviously, he had accessed my credit file to get the most up-to-date picture on my credit situation as possible. What are the federal regulations regarding this?

Needless to say, I told the CA to take a hike -- like I was really going to sell my car (probably at a loss and therefore still owe money to Wells Fargo), just so I can pay the judgment. And I refuse to get behind or skip payments on my CCs -- need to keep those current and reduce the UTL as quickly as possible. The way I see it, I'm already hurt as much as possible because of the judgment, so I will pay when I get a new job. Although I feel that I'm going to negotiate a different settlement (i.e. get them to Vacate The Judgment for PIF).

Thanks for any advice and/or information.

Successfully Suing a CA...

PayYouNever — Thu, 10 Sep 2009 01:48:53 GMT

Hello,

I've been getting harassing phone calls from Capital Accounts, that Nashville-based bunch of scum-suckers. Anyway, they're trying to collect on a medical debt that the insurance company paid directly to the doctor back in March of this year. Now, here it is 6 months later and they're still calling me up trying to get me to set up a payment over the phone. I even spoke with the doctor and was told that she received the insurance check and instructed Capital Accounts to remove me from their collection list, and this was done months ago.

So I'm going to sue them in Small Claims court, i'm filing next week for violating FDCPA Section 806 (2), 806 (5), 807 (2)(B), 807(10), and 807 (11). I'm asking for $1000 per FDCPA Section 813 (2)(A).

Has anyone successfully sued a CA in Small Claims court using these statutory violations?

Thanks,

Re: Reporting as Bad Debt and Small Claims Decision

PayYouNever — Tue, 08 Sep 2009 19:24:20 GMT

First off, in California you have 30 days to appeal the judgment. I need to file my appeal by the end of this week, because American General wants their first payment on September 15, 2009. I don't think I'm going to be able to make that. I'm faxing them a request for changes in the terms, but I intend to file an appeal to the judgment by this Friday regardless of what they say to buy myself some more time to find a job.

Secondly, I'm not sure about other states, but the California Superior Court paperwork that came in the mail said I had 30 days to appeal the judgment before it can be entered in to the public record. Therefore, I have some time to wheel and deal.

Thirdly, does anyone know if a Satisfaction of Judgment will enable the Judgment to be removed from my credit report?

Thanks,

Reporting as Bad Debt and Small Claims Decision

PayYouNever — Sat, 05 Sep 2009 20:20:11 GMT

I have a situation that I'm trying to minimize the damage from. I was out of work for most of this year, like so many other people, and I fell behind on a installment loan from American General Finance. They subsequently have been reporting that the debt has been charged-off as bad debt. However, they went ahead and sued me in small claims court to get a judgment, this was this past Monday. They offered me a stipulated Judgment, such that I could pay the loan off in monthly installments, and then they'll file a Satisfaction of Judgment.

However, I will have the judgment and the bad debt tradeline on my Credit File. I was just thinking about this and I think what I want to do is Appeal the Judgment, as I never signed anything, which will give me 30-days, plus 90-Days to figure out what to do.

My plan is I will issue a letter to American General via Fax today, stating that I want them to guarantee me in writing that they will file a motion to vacate the judgment once the final payment is made. And that they will discontinue reporting the original account as bad debt once the account has been paid off.

I don't know if I can make the payments that they want, but if I don't make the payments then I'm defaulting again and they will take me back to court to get a full judgment.

Does anyone have any advice on what my options are?

I don't want to be saddled with the Bad Debt and the Judgment for the next years, when the adverse actions that have probably afflicted millions of people during the recession will linger until the next recession!

Does anyone know if American General has been sued or investigated for predatory lending practices?

Thanks,

Chris Derrick

Charge-Off and Being Sued

PayYouNever — Fri, 31 Jul 2009 18:13:21 GMT

I have a situation that I'm trying to minimize the damage of. Due to job loss, I wasn't able to make payments on the remaining balance of a car that was repossessed since December of last year. I was making partial payments when I could, but in May American General Finance -- that stand-up organization -- filed a small claims lawsuit against me. We go to court on August 31, but in the meantime American General has been harassing me to pay them whatever I could such that we could have a "stipulated judgment" entered in a trial.

As I figured out what I could pay each month leading up to the court appearance, I learned that they Charged-Off my debt.

So my question is, barring paying off the remaining balance (only about $2200), what is my strategy to minimize the damage to my FICO score? I have borrowed money from too many people just to survive the last 7 months, so I'm tapped out of sources to get money to make any settlement offers.

Also, if the debt is Charged-Off, how does that affect the Creditor's accounting if gets the judgement? If I eventually pay, isn't that double-booking?

Interest on Medical Debt?

PayYouNever — Wed, 15 Jul 2009 18:22:11 GMT

I've been fighting with my insurance company to pay a medical bill, and they ultimately refused to pay the entire claim. As I was slugging it out with the Insurance b*st*rds, the Doctor sent my unpaid balance to a CA, who just sent me a dunning letter... in which they've tacked on 15% interest to the final total.

Can they do this?

I'm sending a DV letter to buy some time to get the money together, now that I now that my Insurance Rapists won't couogh up the money (and I work at an insurance company, so you would thnk the plan would be quality, it's not).

Are there regulations under HIPAA that can help me with this?

Thanks

Top Brass at HSBC

PayYouNever — Tue, 14 Jul 2009 19:00:19 GMT

Hello,

Does anyone have a proper Backdoor number for Orchard Bank/HSBC AND.. and this is a big AND... the name of the US Chief and the corporate address?

Please send me a PM with the info, if it's too sensitive to publish publicly.

Thanks

Just received Dunning Letter from Progressive Management

PayYouNever — Mon, 20 Apr 2009 20:26:17 GMT

I received the first dunning letter from Progressive Management regarding a California Gas Co. Bill.

I immediately DV'd to gain some time to handle this, and they immediately responded with a "we'll keep your account for 10 Days" before taking action...

Should I contact the Gas Co and make the payment under the conditiont that they pull the account from PMS? Or should I contact PMS - in writing - and indicate that I'll PIF if they don't report? I haven't pulled my reports to see if it's reporting on my CBR...

Thanks,

Re: experience with BofA Cali

PayYouNever — Mon, 20 Apr 2009 20:14:23 GMT

You're best bet is to responsibly use the card for about six months and then write a GW letter to a specific person.