I need HELP fast!

[Anonymous]

Help!!!!! I must be an idiot when it comes to this..... Here is the problem and I hope someone from here can help...... A little over a month ago my husband's credit card was sold from one CA to CACH LLC... The rep for them is in Dallas TX... I called the woman back and was told the file was in the outgoing for suit. She told me I could set up an arrangement, I didn't want them to think we were trying to get out of the debt thinking honesty counts so I thought it was okay when I got them down to a first payment of $500. The second payment of $1000 was due March 31st. I told them I could try to come up with it and that was that. Until this week of course when I realized there was no way because I needed to still make a payment on my mortgage which is 2 months behind and the car payment was coming out. So I called them and their office manager advised me to "figure out how to rob Peter to pay Paul". I called back yesterday (friday) and the woman I had dealt with was gone for the day but I was told she would call me today @ 9:30. Thinking I could still stop the check I called the woman when she didn't call me this morning. Now the check were supposed to be put in on the last day of the month. The FEB check was dated the 29th and cleared my bank on march 3rd. I called to let them know that I don't have the $1000 this morning and she told me that it was already gone. She called yesterday to verify funds and it's already been processed. She said that if it bounces I have 24 hours to make restitution because I had committed money to them and it was theirs and there is no way I could lose my house over this money and she was willing to bet on that. Well, I just talked to my bank and they don't verify funds over the phone to anyone even members. At that point I pulled my authorization for the check. I was willing to make arrangements with the firm rep and she didn't want to even discuss it. When I told her that I was checking his name on the State Bar of Texas website she said she had to go. Does anyone have any advice for me????

[Anonymous]

Are you saying that you gave them a postdated check for March 31st and they are saying they already processed it?

If so, they are in violation.

Edited:

Actually, if they accepted a postdated for more than 5 days away and didn't notify you in writing BEFORE they deposited, that is another violation. And if they threatened legal action unless you gave them this postdated check, that is another violation.

Is CACH, LLC who you are dealing with? Are they saying they are a law firm and are going to sue or that they are going to turn it over to a law firm?

Message Edited by sidewinder on 03-29-2008 08:44 AM

[Anonymous]

Both times it was an electronic check. The agreement was the last day of the month. I have already canceled the authorization with my bank so that this one will not come out. CACH LLC/Collect America bought the debt and assigned it to this law firm in TX to make contact with us. I finally found this lawyer on the State Bar of Texas' website and he graduated in 1951. I need to renegotiate the payments as well though. They had it at $200 per month and weren't willing to go less, but now I have to.

[Anonymous]

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stlmoslayer wrote:
Both times it was an electronic check. The agreement was the last day of the month. I have already canceled the authorization with my bank so that this one will not come out. CACH LLC/Collect America bought the debt and assigned it to this law firm in TX to make contact with us. I finally found this lawyer on the State Bar of Texas' website and he graduated in 1951. I need to renegotiate the payments as well though. They had it at $200 per month and weren't willing to go less, but now I have to.

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Do you have anything in writing?

[Anonymous]

Never talk to a CA!!!!  what state are you in (SOL)  Is the OC still reporting  if so what is the DOFD/DOLA  or when does it drop from his CR?

You always want everything in writting!!!!!

[Anonymous]

I really don't have anything in writing. I received a letter stating that the payment was coming up and that it would be processed as agreed but really nothing else. I am in Missouri and the DOFD should be in 2006. I sent an email to myfaircredit.com and they referred it to a lawyer here in St. Louis and I have a free telephone consult with her on Monday. I was trying to figure out if I could still send a DV letter or if it's too late.

[Anonymous]

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stlmoslayer wrote:
I really don't have anything in writing. I received a letter stating that the payment was coming up and that it would be processed as agreed but really nothing else. I am in Missouri and the DOFD should be in 2006. I sent an email to myfaircredit.com and they referred it to a lawyer here in St. Louis and I have a free telephone consult with her on Monday. I was trying to figure out if I could still send a DV letter or if it's too late.

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Does the letter state the date that was agreed upon?

[Anonymous]

I checked both letters and no dates.... Just says 'the date I requested'. Does anyone know if I can still send a DV letter or is it too late?

[Anonymous]

It is never too late to send a DV!