AM I CRAZY OR WHAT!!!!!

[vexed1978]

this is my first time joining the forum, but have been a member for a while. my problem is with a company called Professional Recovery Systems, its for a ballys acct that was opened in 2001, and due to come off on "08". i heard about sol, but now i believe i messed it up. i made arrangments with this ca last year, they told me they could only do arrangements for 3 months at a time. i relunctantly agreed to 100 a month, the balance was 2100 and i paid a total of 700 altogether, i couldnt afford to make a payment when my father passed in july , so when i talked to them in august, to resume payment i got a different rep who told me since i didnt make a new aggreement at the end of three months in june and didnt pay in july that i would not be able to resume the agreement in aug and had to pay in full, even though i told him i could'nt, also i still owed almost 1800 in aug. he told me that they sent all the information to my address so basically why was i acting "stupid" and like i didnt know what was going on. never mind that the address he gave me, NO MAIL can go to that address because it doesnt exist anymore and it been over 8 years since i lived there. which i know i updated my info when i first started paying. also i still havent got any new mail from them, but i was served some papers, at the home im buying, which i have not transferred any mail there, nor my id, i have nothing saying that that is my address. HOW IS THAT HOW WOULD THEY HAVE THAT ADDRESS!  but could never send me any type of info about this acct, also on the papers it has my current address on the forms but they never came to that address , also they have another address that ive never live at. also the papers say original contract is currently unavailable, and that this affidavit be treated as the original document and if any originals are discovered they be submitted to the courts for cancellation. and that i have 21 days to file a written answer to the court. the CA have stilled called  repeatedly i refuse to talk to them. they call about 15 times a day, but I'm so pissed.  i feel like they have already gotten over, even if i pay, i cant go to the gym, ive been 1 time. this is ridiculous, they wouldnt even do a settlement that was reasonable, even in the beginning. WHAT SHOULD I DO ? 

[Anonymous]

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vexed1978 wrote:

this is my first time joining the forum, but have been a member for a while. my problem is with a company called Professional Recovery Systems, its for a ballys acct that was opened in 2001, and due to come off on "08". i heard about sol, but now i believe i messed it up. i made arrangments with this ca last year, they told me they could only do arrangements for 3 months at a time. i relunctantly agreed to 100 a month, the balance was 2100 and i paid a total of 700 altogether, i couldnt afford to make a payment when my father passed in july , so when i talked to them in august, to resume payment i got a different rep who told me since i didnt make a new aggreement at the end of three months in june and didnt pay in july that i would not be able to resume the agreement in aug and had to pay in full, even though i told him i could'nt, also i still owed almost 1800 in aug. he told me that they sent all the information to my address so basically why was i acting "stupid" and like i didnt know what was going on. never mind that the address he gave me, NO MAIL can go to that address because it doesnt exist anymore and it been over 8 years since i lived there. which i know i updated my info when i first started paying. also i still havent got any new mail from them, but i was served some papers, at the home im buying, which i have not transferred any mail there, nor my id, i have nothing saying that that is my address. HOW IS THAT HOW WOULD THEY HAVE THAT ADDRESS!  but could never send me any type of info about this acct, also on the papers it has my current address on the forms but they never came to that address , also they have another address that ive never live at. also the papers say original contract is currently unavailable, and that this affidavit be treated as the original document and if any originals are discovered they be submitted to the courts for cancellation. and that i have 21 days to file a written answer to the court. the CA have stilled called  repeatedly i refuse to talk to them. they call about 15 times a day, but I'm so pissed.  i feel like they have already gotten over, even if i pay, i cant go to the gym, ive been 1 time. this is ridiculous, they wouldnt even do a settlement that was reasonable, even in the beginning. WHAT SHOULD I DO ? 

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Is Bailys reporting to a CB or just the CA?   What atate is this in  for sol?  Is this CA licensed in your state?  by paying you MIGHT have started SOL over.

Also check your state...some have special laws dealing with GYM contracts.

Call the OC and ask if they still have your account??  If they do see if you can set up payment arrangments with them.........if they sold the account to the CA,then you have to deal with them.

If thats the case send the CA a DV letter....CMRRR

Now are they saying that they have already filled court papers for a judgment?  If they did you MUST answer them & you MUST appear in court!!!!!!  BUT  if they are just saying that they filed....call the courthouse and check first!!!!  

DV letter   make changes where needed.........type your name DO NOT sign the letter!!!!!!!!!

August 26, 2007

Jones Collection Agency

222 1st Street

Noplace, FL33333

Re:      Account #:                   5555555

            Original Creditor:         Smith & Smith Corp

Dear Sir or Madam:

This letter hereby notifies you that the validity of this debt is in dispute. In an attempt to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such substantiation, under federal and state law you must correct any erroneous reporting to any and all credit reporting agencies

In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:

1. A copy of the alleged original contract or other instrument bearing my signature
2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account
3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter
4. Evidence that your company is registered as a consumer collection agency in the State of Florida

Additionally, until full validation is provided, all representatives of your company, or any affiliated company, must immediately cease & desist all attempts to collect the aforementioned debt. Failure of your company to comply with this request will be a violation of the Fair Debt Collection Practices Act and will directly result in a complaint filed with the Federal Trade Commission and the State of Florida Attorney General's office. Please be advised, should this request be violated, I will pursue all criminal and civil claims, including any and all punitive damages, allowable by federal and state law against your company.

Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be retained should further action become necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I look forward to your timely response.

Best regards,

Jane Doe

08

[vexed1978]

i dont know if its a ca or a cb, it's in michigan, also a year before i signed that contract i had another with the company, and this one came about is i went to the gym and wanted to get back on track with the one i had, the salespeople told me to not worry about the first contract because once i signed the new one, it would supercede the old and bring me up to date, so imagine my surprise, when the old one showed up, on my report, that's when this one became a problem, so i had the first acct, on my report for almost 800, and also this one for a whopping almost 1800, how can u have 2 accounts to the same gym at the same time, that's when i stopped paying for the second one because they were shady and at the time i didnt know any better. i have since paid the first one off about four years ago, and they were both on my report at the same time, the second one even has another entry on my report as refi, it's to no avail with the gym or the collections. and after the fact of me paying on the second one this past year i know i made a huge mistake , by i believe restarting the SOL. i don't even know when the 21 days are up because the papers are dated for 7-02-07,  10-16-07, and also they never said anything about serving me any papers when i did try pick back up on the arrangements, like i said they still call everyday, can they do that if they're suing you?

[vexed1978]

also there is no court date on the papers, it just says 21 days to give a written answer with the court, the court is 36th district in detroit which is wayne county, it has has "venue" which gives a address in denver colorado, i live in warren , mi which is in macomb county, it says the papers were sworn in in troy, mi which is oakland county, i'm really need some advice on this, i am very confused, the info i just gave, do it even matter?

[Boswd]

Whewww, yeah this is a very tough situation.    The first and foremost thing you should do is without a doubt ANSWER the court papers.    You don't want them to get a default judgment.   They are suing you for the balance due.

As far as seeking the Statute of Limitations defense, that is gone once you make a payment the clock restarts on the date of your last payment.  

I'm a little surprised that they are going forward so quickly with the lawsuit since there SOL are restarted but they might have felt that they were being duped.

As far as them finding your new address of the house you are buying, they have have resousces to some of the best Skip Tracing out there.

You can try to DV them but I wouldn't hold my breath on that, 1.  For them to legally DV the debt is must be done within 30 days of the initial contact, the very first letter or phone call. and 2. Since you have already been in a repayment plan you have already agreed by your actions of paying that the Debt is Valid.   So you can, it doesn't hurt but don't expect any results from it and they don't have to stop pesuing the matter since now they are within their rights.

My advice is to call them and call them and see if you can get anyone on the phone that has some sense of compassion,  it will more than likely have to be a manager or supervisor since I highly doubt the normal drones have the authority to stop the litigation procedure.  Explain your situation and hope you can get something done.

Also if you can afford it or can somehow find a way to pay, I would strongly recomend it.   If this goes to court and you lose, which is seems you may,  that balance is going to baloon because you will also be liable for all the court fee's and their attorney's fees, let alone what a judgment will not only do to your score but what they can do in terms of wage garnishment, bank account and assets seizing etc.

I would study your State debt collections laws very diligently, some States are very debtor friendly and some even have  DV policy no matter where in the process of collecting is.    Also I would seek some legal advice.

But again call them and don't be head strong and just try and plead your case in hoping to get them to stop the court processing

[Anonymous]

This is a nightmare for you. Sorry it happened.

Have you considered hiring an attorney to help you through this? No disrespect intended, but this may be over your head in handling it yourself. I know that if this happened to me, I lack the knowledge, experience, and confidence to handle it myself. I'd probably just make things worse.

But take what I say with a grain of salt, as it is only my opinion.

Good luck to you.

[Boswd]

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Sylviatob wrote:
This is a nightmare for you. Sorry it happened.

Have you considered hiring an attorney to help you through this? No disrespect intended, but this may be over your head in handling it yourself. I know that if this happened to me, I lack the knowledge, experience, and confidence to handle it myself. I'd probably just make things worse.

But take what I say with a grain of salt, as it is only my opinion.

Good luck to you.

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Yes, and anyone else reading this situation, we have all been there to some degree or another, but if something comes up and you can't make the agreed upon payment, CALL THEM before it becomes deliquent, don't wait until after the fact.   They will just think you are blowing smoke up their you know what and have heard every excuse in the book valid or not.

You also mentioned that they still keep calling.   That may not be a bad thing.  Normally in these situations once the suing process starts they usuall will just say "Well see you in court".   But they are still contacting you.   They may have something for you, a settlement or something.   So again I would call them back, I really would.