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Community Leader
Senior Contributor
laz98
Posts: 4,292
Registered: ‎09-06-2008
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Re: Should I email them back? OC asking for payment.

 


O6 wrote:

iluvmyfico wrote:
Then I'd just keep ignoring them or flag as spam.

It might be kind of funny to report the e-mail sender to their ISP for spamming and sit back and watch to see if their ISP nukes their account.  :smileyhappy:


that's a really twisted (but hilarious) idea!

 

Latest scores: Walmart TU: 766. MyFICO TU: ---. DCU EQ: 741. PSECU EX: 756.
Community Leader
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laz98
Posts: 4,292
Registered: ‎09-06-2008
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Re: Should I email them back? OC asking for payment.


IOBA wrote:

Food for thought...    you received a loan when you asked for it...   since you have not paid it back (then, since, or now), you could be the reason another person/family is turned down.

 

Aside from that aspect, you borrowed the money, you should pay it back.  This far out from DOFD, you can pretty much write your own terms for monthly payments.


i agree, & i'm not one to run around advocating dodging debts.  i spent an entire year trying to get these people to work with me every time they called, & they always flat out refused.  i was the one who actually initiated contact with them, after i got out, which is how they got my phone number in the first place.  so i tried to do the right thing, right from the start, whether you believe that or not.  they wanted the whole thing, right then, & they didn't want to hear anything else.   they said they didn't offer any payment plans, so it was all or nothing.  they said borrow it, steal it, we don't care.  so i have definitely done my part to work with them to clear the balance.  i'm not a deadbeat cheerfully dodging my debts.  but i'm not going to bend over backwards for these people either, when this could have been settled back in 2005, even if it might have taken me the whole year.  i don't have the money to PIF, so i'm not going to call them up, just to have them start harassing me again.

 

as far as being able to write my own terms, not every creditor is that flexible.  perhaps that has been your experience, & that's great.  i had positive experiences a long time ago paying off bad debts as well.  but my experience with this creditor gives me no indication that they are going to try & resolve this amicably.  they're only pretending to play nice because they probably know they can't sue me now, or don't think it's worth their time, or who knows.

 

as aggressive as they are, i'm surprised they didn't sue me, to be quite honest.  i got the impression from their collectors that they would come to my house & beat the cash out of me, if that's what they had to do.  but then again, i don't have much they can take.  i'm not a homeowner or even a car owner.  heck, my bicycle probaby isn't even worth much!  the most expensive thing i personally own is my iPod.

Latest scores: Walmart TU: 766. MyFICO TU: ---. DCU EQ: 741. PSECU EX: 756.
Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009
0

Re: Should I email them back? OC asking for payment.


laz98 wrote:

IOBA wrote:

Food for thought...    you received a loan when you asked for it...   since you have not paid it back (then, since, or now), you could be the reason another person/family is turned down.

 

Aside from that aspect, you borrowed the money, you should pay it back.  This far out from DOFD, you can pretty much write your own terms for monthly payments.


i agree, & i'm not one to run around advocating dodging debts.  i spent an entire year trying to get these people to work with me every time they called, & they always flat out refused.  i was the one who actually initiated contact with them, after i got out, which is how they got my phone number in the first place.  so i tried to do the right thing, right from the start, whether you believe that or not.  they wanted the whole thing, right then, & they didn't want to hear anything else.   they said they didn't offer any payment plans, so it was all or nothing.  they said borrow it, steal it, we don't care.  so i have definitely done my part to work with them to clear the balance.  i'm not a deadbeat cheerfully dodging my debts.  but i'm not going to bend over backwards for these people either, when this could have been settled back in 2005, even if it might have taken me the whole year.  i don't have the money to PIF, so i'm not going to call them up, just to have them start harassing me again.

 

as far as being able to write my own terms, not every creditor is that flexible.  perhaps that has been your experience, & that's great.  i had positive experiences a long time ago paying off bad debts as well.  but my experience with this creditor gives me no indication that they are going to try & resolve this amicably.  they're only pretending to play nice because they probably know they can't sue me now, or don't think it's worth their time, or who knows.

 

as aggressive as they are, i'm surprised they didn't sue me, to be quite honest.  i got the impression from their collectors that they would come to my house & beat the cash out of me, if that's what they had to do.  but then again, i don't have much they can take.  i'm not a homeowner or even a car owner.  heck, my bicycle probaby isn't even worth much!  the most expensive thing i personally own is my iPod.


It seems like this creditor is willing to cut off their nose to spite their face.

 

Negative:  You are dealing with the OC and in general provisions of the FDCPA do not apply to OCs. 

Negative:  They still have the ability to mess with your credit report for another year or so.

Negative:  They seem to be jerks.

 

Positive:  The SOL has long expired.

Positive:  Even if they used sewer service to get a judgment, you are judgment-proof.

Positive:  As evidenced by their contacting you, they are hungry.

 

Analysis:  Contrary to public opinion, I am really a nice person, but I do not deal well with jerks.  Although an OC does not necessarily have to abide by a Cease & Desist (otherwise known as a FOAD), I would send them a C & D.  I would further point out that their e-mails are considered SPAM and you will ensure their ISP enforces their TOS against them for spamming you.  In addition, let them know that you understand the SOL has long since expired and should they attempt to take any legal action you will crucify them to the fullest extent of the law.  Point out that in the past you have attempted to satisfy this debt with, for example, 75 cents on the dollar, but they refused to work with you.  At this late stage of the game you are willing, out of the kindness of your heart and without acknowledging that this debt is even yours, to offer, say, $10.00* in full satisfaction.  Then sit back and wait to see if they stop being obnoxious.

 

* When dealing with jerks I like to offer them a ridiculously low amount that they will probably misconstrue to be a typographical error thinking that you originally meant to write $1,000.     

IAALBNYL
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RobertEG
Posts: 17,456
Registered: ‎03-19-2007
0

Re: Should I email them back? OC asking for payment.

I think O6 has hit every nail on the head!

I dont think anyone is advocating not paying a legit debt.  That is not what this site is about.  That is a personal decision.  Any advice offered on this site is to educate the consumer about the potential implications on credit reporting, scoring, and/or legal action, shuld the debt remain unpaid.

 

After reviewing this thread, I would only offer one small, additional recommendattion, and that deals only with the credit reporting aspect.

It appears that, to date, the only reporting to the CR has been by the OC.

These are the CR drop-off dates that influence future CRs issued by the CRAs, regardless of whether the debt is paid.

For each monthly delinquency reported by the OC to the CR, just  add  7 years from their individual dates.  Then they are gone from your CR/

If they did a charge-offf, and reported that CO to the CRA, then you have to go back to the date of your first default (not later delinquencies) to determine the 7 1/2 period for CO inclusion in your CR.  If 7 1/2 years has expired from your DOFD, then the CO must drop from credit reporting.

You have multiple dates to consider as they regard credit reporting.

 

 

 

 

 

Community Leader
Senior Contributor
laz98
Posts: 4,292
Registered: ‎09-06-2008
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Re: Should I email them back? OC asking for payment.

 


O6 wrote:

laz98 wrote:

IOBA wrote:

Food for thought...    you received a loan when you asked for it...   since you have not paid it back (then, since, or now), you could be the reason another person/family is turned down.

 

Aside from that aspect, you borrowed the money, you should pay it back.  This far out from DOFD, you can pretty much write your own terms for monthly payments.


i agree, & i'm not one to run around advocating dodging debts.  i spent an entire year trying to get these people to work with me every time they called, & they always flat out refused.  i was the one who actually initiated contact with them, after i got out, which is how they got my phone number in the first place.  so i tried to do the right thing, right from the start, whether you believe that or not.  they wanted the whole thing, right then, & they didn't want to hear anything else.   they said they didn't offer any payment plans, so it was all or nothing.  they said borrow it, steal it, we don't care.  so i have definitely done my part to work with them to clear the balance.  i'm not a deadbeat cheerfully dodging my debts.  but i'm not going to bend over backwards for these people either, when this could have been settled back in 2005, even if it might have taken me the whole year.  i don't have the money to PIF, so i'm not going to call them up, just to have them start harassing me again.

 

as far as being able to write my own terms, not every creditor is that flexible.  perhaps that has been your experience, & that's great.  i had positive experiences a long time ago paying off bad debts as well.  but my experience with this creditor gives me no indication that they are going to try & resolve this amicably.  they're only pretending to play nice because they probably know they can't sue me now, or don't think it's worth their time, or who knows.

 

as aggressive as they are, i'm surprised they didn't sue me, to be quite honest.  i got the impression from their collectors that they would come to my house & beat the cash out of me, if that's what they had to do.  but then again, i don't have much they can take.  i'm not a homeowner or even a car owner.  heck, my bicycle probaby isn't even worth much!  the most expensive thing i personally own is my iPod.


It seems like this creditor is willing to cut off their nose to spite their face.

 

Negative:  You are dealing with the OC and in general provisions of the FDCPA do not apply to OCs. 

Negative:  They still have the ability to mess with your credit report for another year or so.

Negative:  They seem to be jerks.

 

Positive:  The SOL has long expired.

Positive:  Even if they used sewer service to get a judgment, you are judgment-proof.

Positive:  As evidenced by their contacting you, they are hungry.

 

Analysis:  Contrary to public opinion, I am really a nice person, but I do not deal well with jerks.  Although an OC does not necessarily have to abide by a Cease & Desist (otherwise known as a FOAD), I would send them a C & D.  I would further point out that their e-mails are considered SPAM and you will ensure their ISP enforces their TOS against them for spamming you.  In addition, let them know that you understand the SOL has long since expired and should they attempt to take any legal action you will crucify them to the fullest extent of the law.  Point out that in the past you have attempted to satisfy this debt with, for example, 75 cents on the dollar, but they refused to work with you.  At this late stage of the game you are willing, out of the kindness of your heart and without acknowledging that this debt is even yours, to offer, say, $10.00* in full satisfaction.  Then sit back and wait to see if they stop being obnoxious.

 

* When dealing with jerks I like to offer them a ridiculously low amount that they will probably misconstrue to be a typographical error thinking that you originally meant to write $1,000.     


LMAO!!!  O6, I love your posts, they are always great!  :smileyvery-happy:

 

 

I'm really happy to have you weigh in on this, as I respect your knowledge on credit issues.  I will definitely not worry about this anymore!  Thanks a million!  :smileyhappy:

 

 

@RobertEG:  Yes, it does show as a CO on my reports.  So it's just a waiting game now.  Thank you for that information :smileyhappy:

Latest scores: Walmart TU: 766. MyFICO TU: ---. DCU EQ: 741. PSECU EX: 756.
Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009
0

Re: Should I email them back? OC asking for payment.


laz98 wrote:

 


O6 wrote:

laz98 wrote:

IOBA wrote:

Food for thought...    you received a loan when you asked for it...   since you have not paid it back (then, since, or now), you could be the reason another person/family is turned down.

 

Aside from that aspect, you borrowed the money, you should pay it back.  This far out from DOFD, you can pretty much write your own terms for monthly payments.


i agree, & i'm not one to run around advocating dodging debts.  i spent an entire year trying to get these people to work with me every time they called, & they always flat out refused.  i was the one who actually initiated contact with them, after i got out, which is how they got my phone number in the first place.  so i tried to do the right thing, right from the start, whether you believe that or not.  they wanted the whole thing, right then, & they didn't want to hear anything else.   they said they didn't offer any payment plans, so it was all or nothing.  they said borrow it, steal it, we don't care.  so i have definitely done my part to work with them to clear the balance.  i'm not a deadbeat cheerfully dodging my debts.  but i'm not going to bend over backwards for these people either, when this could have been settled back in 2005, even if it might have taken me the whole year.  i don't have the money to PIF, so i'm not going to call them up, just to have them start harassing me again.

 

as far as being able to write my own terms, not every creditor is that flexible.  perhaps that has been your experience, & that's great.  i had positive experiences a long time ago paying off bad debts as well.  but my experience with this creditor gives me no indication that they are going to try & resolve this amicably.  they're only pretending to play nice because they probably know they can't sue me now, or don't think it's worth their time, or who knows.

 

as aggressive as they are, i'm surprised they didn't sue me, to be quite honest.  i got the impression from their collectors that they would come to my house & beat the cash out of me, if that's what they had to do.  but then again, i don't have much they can take.  i'm not a homeowner or even a car owner.  heck, my bicycle probaby isn't even worth much!  the most expensive thing i personally own is my iPod.


It seems like this creditor is willing to cut off their nose to spite their face.

 

Negative:  You are dealing with the OC and in general provisions of the FDCPA do not apply to OCs. 

Negative:  They still have the ability to mess with your credit report for another year or so.

Negative:  They seem to be jerks.

 

Positive:  The SOL has long expired.

Positive:  Even if they used sewer service to get a judgment, you are judgment-proof.

Positive:  As evidenced by their contacting you, they are hungry.

 

Analysis:  Contrary to public opinion, I am really a nice person, but I do not deal well with jerks.  Although an OC does not necessarily have to abide by a Cease & Desist (otherwise known as a FOAD), I would send them a C & D.  I would further point out that their e-mails are considered SPAM and you will ensure their ISP enforces their TOS against them for spamming you.  In addition, let them know that you understand the SOL has long since expired and should they attempt to take any legal action you will crucify them to the fullest extent of the law.  Point out that in the past you have attempted to satisfy this debt with, for example, 75 cents on the dollar, but they refused to work with you.  At this late stage of the game you are willing, out of the kindness of your heart and without acknowledging that this debt is even yours, to offer, say, $10.00* in full satisfaction.  Then sit back and wait to see if they stop being obnoxious.

 

* When dealing with jerks I like to offer them a ridiculously low amount that they will probably misconstrue to be a typographical error thinking that you originally meant to write $1,000.     


LMAO!!!  O6, I love your posts, they are always great!  :smileyvery-happy:

 

 

I'm really happy to have you weigh in on this, as I respect your knowledge on credit issues.  I will definitely not worry about this anymore!  Thanks a million!  :smileyhappy:

 

 

@RobertEG:  Yes, it does show as a CO on my reports.  So it's just a waiting game now.  Thank you for that information :smileyhappy:


Once they soften up, though, you might want to seek out a settlement with them for whatever seems appropriate.  First of all, it is the right thing to do and, secondly, even though Robert has so kindly pointed that there is a specific date beyond which your credit report cannot show the baddie, the OC can still hound you and cause you grief by making you lose sleep over possible INQs and the like. 

IAALBNYL
Community Leader
Senior Contributor
laz98
Posts: 4,292
Registered: ‎09-06-2008
0

Re: Should I email them back? OC asking for payment.

I agree 100%.  I don't want to have to keep looking over my shoulder for these guys til the end of time.  I'll just wait for them to adjust their attitude :smileywink:

Latest scores: Walmart TU: 766. MyFICO TU: ---. DCU EQ: 741. PSECU EX: 756.
Community Leader
Senior Contributor
laz98
Posts: 4,292
Registered: ‎09-06-2008
0

SMALL UPDATE!

well, i haven't finished drafting a letter to pioneer, but i woke up today to a new inquiry on my experian report!  :smileymad:

 

i guess they want to make their annoying presence known.

Latest scores: Walmart TU: 766. MyFICO TU: ---. DCU EQ: 741. PSECU EX: 756.
Community Leader
Senior Contributor
laz98
Posts: 4,292
Registered: ‎09-06-2008
0

MORE NEWS

today i got a new dunning letter from tate & kirlin, the original collection agency on this account.  they never responded to my DV 2 years ago!  & now my balance has gone from $2117.28 to $3961.19 !!!  isn't it illegal for them to contact me when they never answered the original DV letter?

 

i was reading online that this CA typically deals with accounts where there is little to no legal recourse.  i wonder how true that is.

Latest scores: Walmart TU: 766. MyFICO TU: ---. DCU EQ: 741. PSECU EX: 756.
Valued Contributor
IOBA
Posts: 2,659
Registered: ‎08-13-2009
0

Re: MORE NEWS

I think, but am not sure, that they can.

 

You DV'd them and they stopped all collection efforts.  They returned the collection back to the OC.

 

The OC tried to collect from you without success.   The OC has now turned it over to the CA.


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