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Hi everyone,
Thanks for all the great help here.
Here is where I'm at. I had some bad luck on an account in 2013. It eventually got picked up by CPS (Calvary Portfolio Services) and they aren't bothering me. However, I am trying to refinance my house and my mortgage people are telling me that I need to pay off the account. However, I am scared to talk to them because I don't want to restart the clock....so to speak. I have given my mortgage banker permission to talk to them for me. Up to this point I have made sure that the mortgage people have denied that the account belongs to me and we are just wanting to pay to have it removed so I can move on with this refi.
Now CPS is saying that I have to be on the phone and tell them that I don't want this sent to their "fraudulent department" in order for them to negotiate with my person. However, to me logic tells me that if I say that I am partially admitting ownership. I am willing to talk to them but I need to know what to say.
Any suggestions?
Thanks,
-n
Well, first off, you cannot simply give your broker "permission" to deal for you - you must personally tell the CA that THEY have your permission to speak to a third party (your broker) about your debt. If they were to deal with him without such specific permission, they open themselves to a FDCPA violation lawsuit.
@Anonymous wrote:Well, first off, you cannot simply give your broker "permission" to deal for you - you must personally tell the CA that THEY have your permission to speak to a third party (your broker) about your debt. If they were to deal with him without such specific permission, they open themselves to a FDCPA violation lawsuit.
And FWIW, the "clock" cannot be "reset", by speaking to them.
I've had unpleasant experiences of my own with Calvary. Back about 9 years ago, I took out two personal loans totalling $15k that I ended up being unable to repay because I got furloughed from my old job for nearly 4 months due to lack of work (this was a recurrent problem there - that company really sucked, they eventually ended up going bankrupt a few years ago because they lost their primary contract due to getting in trouble with the government). Anyway, that debt eventually ended up getting sold to Calvary and they started hassling both me and my relatives. In 2012 I finally got fed up with them after they really upset my mother by calling her (again) and demanding personal information, so I talked to a local lawyer (who's so good that nowadays she's an assistant attorney general in my state), and it developed that they were breaking the Fair Debt Collection Practices Act left and right. Those bozos gave me and my attorney the run-around for over a year but finally ran out of excuses and had to come meet us in federal court for a settlement meeting. After more delays taking up most of the day, they finally agreed to settlement for, IIRC, $9.5k, and after attorney fees were deducted, I came away with $7.5k.
Moral of this story: Get on Google, read up on the FDCPA and take a hard look at Calvary's actions. If it looks like they're violating that law, get in touch with a good lawyer and let them do the talking from that point on. Actually, from what you say here - I don't know if things have changed in the past couple of months - it sounds like you need to contact a good attorney right now and let them take over communicating with Calvary.