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To make a long story short I had a Bank of America account that I stopped paying so it went delinquent. Last week I started getting phone calls from a lady who said that I owed them +/- $12K. I asked what this was regarding and she said her company was collecting on an old bank of America account of mine. I told the lady I had never received anything from her company requesting payment and if she could email me something to confirm I actually owed them money. She said I had until the next day to pay them some money or else they would attach my wages.
I didn't receive anything from them confirming I owed them money so I called them back. This time they said their offer had expired and that I could no longer get "that deal". I once again said I needed something in writing indicating the original creditor, account number and balance due. She again said she would email it to me. Today I get another phone call regarding the same and she said that they are an attorney sueing me for Bank of America's money. My original debt was about $4500 but with all the attorney's fees the cost went up to $12K. She said they would settle the debt for $2K if I gave them $500 by Monday and paid the balance within 2 months. I again asked her to send me something in writing and I have not seen anything. I checked my credit report and bank of America no longer shows up nor does any account for $12K. What do I do?
stop asking by phone and send a DV via certified mail!
I would would block there number!!!
Seriously though, I would tell them where to go if they did not want to provide the correct information. Don't be bullied around and don't pay a dime until you see prove. have you checked your reports lately to make sure they are not reporting something negative?
Yes just checked them again today. Where can i find a sample DV letter? I know their on the boards somewhere...
@kickpunch2 wrote:Yes just checked them again today. Where can i find a sample DV letter? I know their on the boards somewhere...
What state are you in? Is the debt past the states SOL for them to file suit? (When did this go intio default) This matters as to how you should approach it.....
http://ficoforums.myfico.com/fico/board/message?board.id=rebuildingcredit&thread.id=61276
and x2, need to know more about the account before acting.
I'm in California i think the DOLA was 8/05
@kickpunch2 wrote:I'm in California i think the DOLA was 8/05
If you can, dig anything up that would prove your case. If the DOLA was in fact 8/05, it would be out of SOL. I am in CA as well. Here is a link. Note also that the FACTA as apart of our state law has more teeth than the Fed laws on credit for CA consumers.
Be certain that the DOLA was (in fact 8/05) as many unscrupulous characters still take the debt (which is out of SOL) and receive summary judgements because the defendant did not simply show up and present the evidence of the fcat of the alleged debt being out of SOL.
Never EVER sign a DV. Your sig can be lifted and docs altered with that sig.
http://ficoforums.myfico.com/t5/General-Credit-Topics/Collections-Agency-Scam/m-p/418657
http://www.creditinfocenter.com/forms/sampleletter3.shtml ( <<< ---- letter sample)
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml (<<<<--- SOL on debts)
@Pushto700 wrote:
@kickpunch2 wrote:I'm in California i think the DOLA was 8/05
If you can, dig anything up that would prove your case. If the DOLA was in fact 8/05, it would be out of SOL. I am in CA as well. Here is a link. Note also that the FACTA as apart of our state law has more teeth than the Fed laws on credit for CA consumers.
Be certain that the DOLA was (in fact 8/05) as many unscrupulous characters still take the debt (which is out of SOL) and receive summary judgements because the defendant did not simply show up and present the evidence of the fcat of the alleged debt being out of SOL.
Never EVER sign a DV. Your sig can be lifted and docs altered with that sig.
http://ficoforums.myfico.com/t5/General-Credit-Topics/Collections-Agency-Scam/m-p/418657
http://www.creditinfocenter.com/forms/sampleletter3.shtml ( <<< ---- letter sample)
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml (<<<<--- SOL on debts)
SOL for credit card debt in California is 4 years.
While Calfornia's Rosenthal Fair Debt Collection Practices Act is more consumer friendly, the fact is that it has far fewer teeth when it comes to enforcement that the federal FDCPA. If the CA threatened to sue on a debt that is out of statute, it is both a FDCPA and Rosenthal FDCPA violation, but when it comes to suing you are better off with the FDCPA.
That one's signature can be lifted and used maliciously by a debt collector is an old wives tale. Still, if you do not want to sign your DV it is ok.
@Anonymous wrote:
@Pushto700 wrote:
@kickpunch2 wrote:I'm in California i think the DOLA was 8/05
If you can, dig anything up that would prove your case. If the DOLA was in fact 8/05, it would be out of SOL. I am in CA as well. Here is a link. Note also that the FACTA as apart of our state law has more teeth than the Fed laws on credit for CA consumers.
Be certain that the DOLA was (in fact 8/05) as many unscrupulous characters still take the debt (which is out of SOL) and receive summary judgements because the defendant did not simply show up and present the evidence of the fcat of the alleged debt being out of SOL.
Never EVER sign a DV. Your sig can be lifted and docs altered with that sig.
http://ficoforums.myfico.com/t5/General-Credit-Topics/Collections-Agency-Scam/m-p/418657
http://www.creditinfocenter.com/forms/sampleletter3.shtml ( <<< ---- letter sample)
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml (<<<<--- SOL on debts)
SOL for credit card debt in California is 4 years.
While Calfornia's Rosenthal Fair Debt Collection Practices Act is more consumer friendly, the fact is that it has far fewer teeth when it comes to enforcement that the federal FDCPA. If the CA threatened to sue on a debt that is out of statute, it is both a FDCPA and Rosenthal FDCPA violation, but when it comes to suing you are better off with the FDCPA.
That one's signature can be lifted and used maliciously by a debt collector is an old wives tale. Still, if you do not want to sign your DV it is ok.
An old "Wive's tale" with regard to lifting sigs with a scanner? I've seen it happen. Try again.
California includes OC's in its state FDCPA provisions (Rosenthal Fair Debt Collection Practices Act) but specifically EXCLUDES them from the validation provisions:
CA Civil Code:
http://www.leginfo.ca.gov/cgi-bin/displayc...1788.10-1788.18
1788.17. Notwithstanding any other provision of this title, every debt collector collecting or attempting to collect a consumer debt shall comply with the provisions of Sections 1692b to 1692j, inclusive, of, and shall be subject to the remedies in Section 1692k of, Title 15 of the United States Code. However, subsection (11) of Section 1692e and Section 1692g shall not apply to any person specified in paragraphs (A) and ( of subsection (6) of Section 1692a of Title 15 of the United States Code or that person's principal. The references to federal codes in this section refer to those codes as they read January 1, 2001.
It is something to note for CA residents as the consumer protections are far friendlier in protecting its residents from unscrupulous tactics and the Federal provisions overall serve to place the average consumer at a disadvantage should any collector appeal to the Federal system based upon the alleged violations (which happens very often).