I Need Help in order to Talk with CA

[Anonymous]

I was laid off 18 months ago and immediately called all creditors. At various stages i went into their hardship repayment programs for one year. When the 12 months expired and I still was unemployed, several creditors allowed me an extension and few did not. One bank in particular asked me for my expenses and income and then denied me any hardship program (that was January of 2012). Since I couldn't afford their minimum payment, I paid them nothing. I tried again to get into their hardship program around April of May 2012 and went through the same drill and was denied. In late Sept/early Oct I tried a third time and this tjme I told them I was defaulting as I couldn't make the minimum payment and there were no other options. Miraculously, without having to give any income or expenses, I was "approved" for 5-year repayment hardship program. I thought it bizarre how easy it was having failed twice, and when I made my first payment in mid Oct I received a call from the bank advising me that the payment I just made was for Sept and now I owed Oct's payment. Around the same time (mid Oct) I received a letter in the mail with the terms and conditions of which were accurate. I made another payment Oct 30th.

Thanksgiving weekend, my sister passed away and I called the bank to say I would be out of state (and explained why) and I would pay as soon as I got back. At that time, I couldn't afford to make the payment in advance. The payment was due Nov 30th. When I got home, I called the bank to make the payment (around Dec 1 or 2) and the bank advised me that they had sold the account to a CA who in turn hired a collection attorney. I did reach out to the CA but I got an automated message /answering service and did not leave a message. 

A few days later the collection attorney's office called.  I read somewhere on this forum you need to tread carefully when engaged in a conversation with a CA or an attorney's office - this is where I need help. 

The gal (at the attorney's office) asked me one question and as I went to reply (to explain the agreement I had with the bank) she cut me off and shouted "are you refusing to pay". I said nothing and attempted a second time but 2 words into the conversation she repeated (shouting) "are you refusing to pay this bill". I replied "you do not have permission to call me - please put everything in writing. This conversation is over." She has continued to call me every day but I don't take her calls. I received the dunning letter today. 

What do I need to be concerned with when talking with a CA or an attorney's office? I would assume it is better to do everything in writing? I'm guessing that the fact that she would ask me a question and then interrupt me accusing me of refusing to pay - is an intimidation tactic of some kind - which only raises my suspicion more about not having a verbal phone conversation. Others are telling me I shouldn't ignore her calls but I am concerned I will say the wrong thing. I can't afford to pay the balance in full - only small monthly payments. Thoughts? Has anyone else experienced this behavior and if so, how did you handle it?

[bigman023]

Whatever you decide to do, do it in writing.

If it were me, I would, if you havent already, request that the CA validate the debt, and also do a ceast and desist letter, which stops them from calling you, and forces them to communicate in writing.

BTW, you will probably get more and better help in the rebuilding section of the forum.

[Burned2manybridgesB4]

NO!!! If she sends them a FOAD letter, they're going to get nasty much faster...as in a summons.

Do a paper trail to validate the debt. 30 day window, from their first communciation (which includes their first phone call attempt).

Once you dispute it directly with the CA, by means of requesting validity of the debt, they have to cease all collection attempts, until it's proven to be yours.

The magic thing about talking to them on the phone is that it's like talking to a "live psychic," if they're good at their job, so they know how to lead you in the talk.

That's not a good thing, and I've experienced it the hard way. I played it off by answering the call, verifying my name only, and then turning around and saying," I'm not interested in what you're selling. Take me off your list...," and hang up.

BUMP

Mod's, can you move this?

[Anonymous]

Thanks for the suggestions. 

I received an alert this morning, as well, that the attorney's office did pull a hard inquiry on my CR. I assume it's to determine whether or not I am worth suing. I will send out the DV today CMRRR. I read somewhere in the forum that some creditors, CAs or attorneys only send minimal information in response to a DV. I'd like to prepare myself in the case that happens as well. At what point do I make an offer of monthly payments? Or are they only interested in the full balance (even if it's reduced balance)? I've never dealt with these people before - so I am clueless. 

[Burned2manybridgesB4]

Dare I ask?

Hunter and Worfield?

[Burned2manybridgesB4]

Do some exploratory reading here, in the credit repair section, and you'll learn what you need to do. Most people do not get full media when requesting debt validation. Usually it's a single sheet of some type that ties your name, the creditor, and possibly an account/ssn.

[Anonymous]

JA Cambece. I just Googled the name and found tons of complaints, similar scare tactics, a lawsuit and what looks like legal action against the firm for violating FDCPA practices.