topic Re: I need some help bad! in Rebuilding Your Credit

I need some help bad!

Anonymous — Tue, 01 Jul 2008 22:49:54 GMT

Ok I contacted the collection attorney that I have a debt through and they said they WILL NOT send me anything in writing. No payment agreement in writing, no letter stating what I owe... nothing. And when I said I didn't think it was too much to ask for something in writing he told me to quit crying like a baby, pay my bills or he will sue me! I said ok and hung up. Dang what do I do? None of this sounds right. They wanted my checking account number or a credit card number. I tried to call my state attorney office but have not heard anything yet. I looked on the court website for his state and he is a attorney but must be a bottom feeder if you ask me. Any advice????

Re: I need some help bad!

Anonymous — Tue, 01 Jul 2008 22:57:45 GMT

You know what? I would look into seeing if it was legal in your state to record the convo. If they SAY on the phone that they'll delete the account, you'd have a recording to fall back on if they don't. I think (but you need to check your state laws about this) that if THEY record YOU, YOU can record THEM.

Option 2 would be to draw up an agreement stating that in return for the payment, they will delete the derogs. Send them the letter, and ask them to sign and FAX back. You;ve just made it more of a hassle to say "no" (since they'd have to treat your letter like a PFD or a DV and answer you, I would assume). You've also made it easier to say "yes" since you've taken the effort out of their hands (since THEY don't have to do anything other than sign it).

I don't know that they're guaranteed to work, just some suggestions!! Best, best of luck!!

Re: I need some help bad!

Anonymous — Tue, 01 Jul 2008 23:16:30 GMT

Oh my gosh. This can't be right! Is this your debt? I would send this guy a DV super fast... don't forget the CMRRR.

He is definitely not going by the law. Don't ever give out any personal or financial info.

And don't call him again.

Re: I need some help bad!

Anonymous — Tue, 01 Jul 2008 23:27:01 GMT

@Anonymous wrote:
Oh my gosh. This can't be right! Is this your debt? I would send this guy a DV super fast... don't forget the CMRRR.
He is definitely not going by the law. Don't ever give out any personal or financial info.
And don't call him again.

If you mean that he's not going by the law in threatening to sue, he CAN threaten that. A threat, under the FDCPA, is essentially making an "empty" threat to do something in order to intimidate. If the CA CAN sue (as in, still within SoL), they can threaten you with that all they want, since you can't prove that they won't actually sue.

He does still have to validate the debt though, if she asks for it. But it doesn't sound like she has DVed'em yet.

OP: I would DV this butt-nugget, like BZZY says. And I'd send them a letter (if it's out of SoL) stating that they can only contact you by mail. Don't let this poophead call you EVER again. If he's not going to be nice, you don't have to, either!!

(Again, only C&D them if you're out of SoL -- otherwise, they very well COULD sue!!)

Speaking of which, what's your state and what kind of debt is this??

Re: I need some help bad!

Anonymous — Tue, 01 Jul 2008 23:29:26 GMT

Okay, seriously, what state are you in and what kind of debt is it AND how old is the debt (the DOLA)?

If the debt's out of SoL, and he threatens to sue, you could get nasty on him (which I'm sure, since he's such a "nice" guy, would break your heart, right?!) and let him know that he's SOL on SoL and suing ... and that the only way he'll get his $$ is to flipping PFD.

Jerk. I hope you can roast his patootie but GOOD.

Re: I need some help bad!

Anonymous — Tue, 01 Jul 2008 23:44:35 GMT

Well it is a charged off checking account....it is within the SOL....I am in ks.....I have never received any written communication....and according to them I won't....they agreed to payment agreement as I said before and agreed to send it in writing....then today they told me only after I set up a payment will they send something in writing....then it was transferred to the boss who said I will never get something in writing...why can't I write it down on paper and remember it and quit being a cry baby...pay my bills or he will sue me.

Re: I need some help bad!

Anonymous — Tue, 01 Jul 2008 23:45:10 GMT

BTW nothing on credit report yet

Re: I need some help bad!

Anonymous — Wed, 02 Jul 2008 00:16:12 GMT

I hate to ask such a stupid question, but have you tried paying the OC directly??

If the CA is not reporting, is the OC?

And lastly, how OLD is the debt? And was it considered a "bad check" charge or a charged off account?

Re: I need some help bad!

Anonymous — Wed, 02 Jul 2008 00:29:53 GMT

I called the oc and they said it was charged off and sold....

Re: I need some help bad!

Anonymous — Wed, 02 Jul 2008 00:30:19 GMT

Oh and it was from 07

Re: I need some help bad!

Anonymous — Wed, 02 Jul 2008 00:34:18 GMT

@Anonymous wrote:

@Anonymous wrote:
Oh my gosh. This can't be right! Is this your debt? I would send this guy a DV super fast... don't forget the CMRRR.
He is definitely not going by the law. Don't ever give out any personal or financial info.
And don't call him again.

If you mean that he's not going by the law in threatening to sue, he CAN threaten that. A threat, under the FDCPA, is essentially making an "empty" threat to do something in order to intimidate. If the CA CAN sue (as in, still within SoL), they can threaten you with that all they want, since you can't prove that they won't actually sue.

He does still have to validate the debt though, if she asks for it. But it doesn't sound like she has DVed'em yet.

OP: I would DV this butt-nugget, like BZZY says. And I'd send them a letter (if it's out of SoL) stating that they can only contact you by mail. Don't let this poophead call you EVER again. If he's not going to be nice, you don't have to, either!!

(Again, only C&D them if you're out of SoL -- otherwise, they very well COULD sue!!)

Speaking of which, what's your state and what kind of debt is this??

what is C&D ? sorry for asking a stupid question

Re: I need some help bad!

Anonymous — Wed, 02 Jul 2008 01:58:37 GMT

Wildcat: What stupid question? Sorry, I didn't see one!

C&D means "Cease and Desist." Its a letter that instructs the CA NOT to call you. Some states have put limits on what you can tell a CA to do, contact-wise, and has specified that in their state, CAs asked to C&D can only call once a month.

I'd only C&D them if you're out of SoL ... otherwise, they might get nasty and initiate litigation (depending on the amount owed).