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Everything posted by IngridA

  1. Junkey and Massive, Thanks very much for your replies. We are lucky to have insurance, which has covered mostly everything...there are some small co-pays here and there from the various doctors and I'll just have to tackle these a little at a time...the major bill is from the hospital at about $2k, and I'll just have to set up a payment plan for them...we have some other medical bills from a previous hospital visit from June for a different procedure, and I have applied for financial assistance for that...they said it would take 12 weeks to process. In the meantime I am planning on setting up an appt with a NACA lawyer in regards to a different creditor issue, and I may just bring in my paperwork with Citi and ask him what he thinks... Ingrid
  2. I'm going to give a timeline of the events on my Citibank card and ask for some opinions, because I do not really know what's going on. First, I live in SC, and there is no wage garnishment for credit card debt judgements in SC. I'm the stay at home parent at the moment, so I don't have a job outside the house currently. I fell behind on my Citibank card, balance was about $6.5k at the time...this was back in late 2007. Account went to collections in March, 2008. I DV'd the collection agency within the 30 days, and never received anything. Nothing was placed on CR from CA. Heard nothing on this account until June, 2010, when I received a new collection letter from a new CA. Never received a statement from Citibank and the balance was being recorded as charged off on the CR. I DV'd CA timely, and they responded with pretty lousy documentation - basically a statement on their letterhead saying that they had the account and the balance was XXX. Never heard from them after that. Received a new letter from a different CA earlier this month (August, 2010). Timely DV was sent and I haven't received anything back from them yet. BUT, (and this is where it gets interesting) - I just got the mail today and I received a statement from Citibank. The beginning balance corresponds to the balance that the CA gave, but now they are charging me monthly interest, as if the account was still active. This is the first statement I have received from Citibank since the account went to collections originally. Have they pulled the account from collections? I thought the account was charged off, but if they are now charging me interest, is this not the case? Is this their response to my DV request? I can't make payments to them right now, we are very short on our monthly income and we have a slew of medical bills coming in from a hospital stay that my daughter had in July, so I'm fighting to keep those bills out of collections. My hope would be to at some point offer them a settlement, but I don't know when I will have the cash to do that. Anyway, thoughts and opinions and advice are very much appreciated! Ingrid
  3. Thanks for all the replies, folks! Just to update a bit: DH called this guy back (about 15 min. after the initial call), asking for the guys name and supervisors name, asking him why he was discussing personal business with someone whom he did not attempt to identify, and made a verbal request for reply phone call has been received as of 1:20pm today....(they still might have called afterwards - our phone has been out of order since then...) DH received the initial letter saying who they were, mini-miranda, etc...a written letter requesting validation goes out tomorrow CMRR... And since our phone was out, and DH thought it might actually be the phone itself, he went and bought a new phone with - yep, you guessed it, a memo button to record calls.... Oh, well, at least now we have it for the next violation LOL!
  4. Sadly, no.......but I knew you were going to ask that LOL I wish I could figure out a way to hook up a voice recorder on our phone...we have voicemail, so we don't have an answering machine where we could press the "memo" key and recording incoming calls....
  5. Got a phone call today for my DH (dear husband)....DH was not available at the it turns out this person stated (I'm paraphrasing, because I couldn't really understand what this person was saying verbatim) that they were about to take legal action against DH at the county courthouse in regards to $885.20 and that DH had until tomorrow afternoon to contact this person (and the person left his name and phone extension)...I asked him to repeat the amount, which he did, and also asked him who he was representing and his response was NRC.... I never identified that I was DH's wife, so for all this clown knew he could have been talking to the babysitter....would this be a violation of the following: Also, by stating that they were going to take legal action, isn't this also a violation, because this was their first communication with him, and he has not yet had the chance to ask for validation? TIA!
  6. SecretAgentWoman and Divemedic -- Thanks for the clarification! I'm sorry to appear dense - LOL
  7. I'm confused - I thought if they marked the TL as disputed, it wouldn't be a violation?
  8. Another update: Weltman folded and sent the file back to LVNV....we'll see who they shuffle it to next...LOL
  9. Thanks for the replies so far, folks! The odd thing is that they are not reporting to the CRAs at there's nothing to get them on in terms of that aspect. As for them coming back at us and saying that they did send validation, but now we're lying and saying that we didn't get it....well, they could acknowledge that to us in any correspondence that they sent us, in order to make themselves look better in court, but they have not. Both letters sent after our DV request have said that "you have chosen to ignore this matter" when we indeed have not - they signed for two certified letters, copies of which I have in my file. I've decided that we are going to contact an attorney to advise us further on this, so I'll be sure to update... Thanks again!
  10. Forgot to add, too, that all of our correspondence with this collector has been sent certified and with the green cards returned. I was on the ball this time! LOL!
  11. Actually, no, it was sent the green card, too, in the file. I need to make that more clear in the letter...
  12. Please reference my original thread: Here is my letter (actually my DH's letter, since this is his account): This is where I get stumped - what exactly can we ask for? I think we have a pretty strong case for getting the $1k as defined by statute if we take this to court. Should we be asking for this now? Any help is appreciated.....TIA!
  13. Thanks for the replies, folks! No registered agent in my state, so far as I can see....the one CA is a small one out of NY...I checked NY records, and they don't even have a registered agent for themselves listed with the state....the other one is a law firm out of FL, and their letterhead doesn't show them as being incorporated... I think I'm going to take MountainDude's advice and prepare my complaint and send it to them as my ITS letter and see what happens...I'm also going to pay for a consult with a local attorney who specializes in consumer credit law and go from there....the SC bar has a lawyer referral service, and participating attorneys agree to provide a 30 min. consultation for no more than $50.... I fully intend to sue if they don't comply, but I wanted to go the "try and settle before filing" route first.... I'll keep ya posted!
  14. I have two CAs who are wilfully violating the law, and I think that the only way I'm going to get anywhere with these nitwits is to threaten to sue. South Carolina does not appear to allow suit against out of state defendants in small claims court, so it looks like I'm going to have to go to Federal court...the filing fee alone is $350, which is quite expensive....we have $1k in the bank for emergencies, so I don't think I will be able to file "in forma pauperis" my next thought was to give the CAs notice that I intend to sue them... Is this considered extortion, if I threaten to sue and want monetary damages, before actually filing the lawsuit itself? Any thoughts would be appreciated.... TIA!
  15. Just to update on this: Disputed both accounts and both came back as belonging to me...sigh.... So now this makes 2 CAs that are on my "to sue" list...
  16. Just to update on this: I sent out a response to their letter just after I received it....sent, received another collection letter! No validation whatsoever!! Looks like I've got another one to sue....
  17. Just wanted to update on this, because I'm finding this rather humorous... I DV'd Resurgent Capital (timely), and they folded and turned it over to an outside law firm by the name of Weltman, Weinberg & Reis Co., LPA....just got their letter in the mail today....timely DVs are going out tomorrow... I live in the next county over from Resurgent Capital and I thought for sure that if they were going to sue, it would be by now because of their proximity to the courthouse....but I guess they really don't have sufficient validation on this..... It really is like playing poker with these nitwits....
  18. Thanks! What's really kind of funny is that the OC is not reporting at all for this...
  19. DH and I had a joint Chevron Gas card, which is now paid, and no longer in use, but it did hit collections for a brief period of time before we paid it off, so it was being reported as a Paid Collection on both of our CRs....I think the DOL was back in 2001.... Anyway, I just did a first round of disputes for this year for both of our CRs for this account, and it was deleted from my DH's CR, but not from mine... Do I have any recourse? TIA
  20. Is this unusual? This was on my DH's CR.....I have to check my records regarding any DV we may have sent, but they deleted on the first dispute for EX (I don't think they are reporting to the other CRAs) TIA!
  21. Does it make any difference whether or not the OP's DV request was timely? I thought that if it was untimely, the CA could ignore the DV request and go about their business...???
  22. I just thought of something: If the JDB is reporting it's own TL, and it's sister company is a CA that's reporting a TL, then it probably isn't considered a duplicate TL...that's a bummer...
  23. No, I don't think so.... For instance, I have a JCPenney card that went into default, and was written off and sold to a JDB...JCPenney has their own TL, and the JDB will have a separate TL if they start reporting...that's not a violation... But, on the other hand, I have a medical collection that a CA is reporting on my EQ report (EQ or EX, I forget which) that they are reporting a duplicate entry...the amount is the same, the OC is the same, but the account number has an extra letter in it makes it appear as if I have two separate collections on the report, when it reality, it's only to me, that's a violation....
  24. Even so, your DV is probably considered untimely, so technically they didn't have to respond to your they can continue to collect... Sorry...
  25. Thanks! I always like Dive's stuff.....he makes a lot of sense.... I guess to me, my biggest fear is being sued by a JDB....I do have some things in my favor - wage garnishment is not allowed for consumer debt judgements in SC (I don't work outside the home, but my DH does, and has some outstanding debts that are with JDBs), and most of the debts that are in collections are less than $1k....and SC has some good exemptions when it comes to things that cannot be seized.... I guess I just have to take the stand and say "Look, here's the deal, you will get your money when you show me that I owe it to you, you must delete it from my credit reports....and if you sue me, your judgement will be a worthless piece of paper...."