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BMN

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Everything posted by BMN

  1. Read the fine print carefully in any agreement you made with directv. They cannot report a $900 charge on your credit report if you only paid $200, or whatever, for the equipment, unless the fine print says otherwise. Unfortuately, it is one of those David and Goliath situations where you have to fight with a multibillion dollar corporation full of telephone robots with no sympathy, that really don't want to talk to you. As someone else mentioned, you have to start with someone as high on the corporate food chain as possible.
  2. I went down the same road with PRA 2 years ago. After they realized that they could not win, they sent me a 1099-C. To this day the IRS has not sent me a letter or levied any additional tax against me. PRA are just a bunch of bloodsuckers with no documentation besides sworn affadavits, which we all know are worthless pieces of paper.
  3. I used them successfully in a lemon law case a couple of years ago, however, I tried to get them to help me in some FDCPA/FCRA cases that were very straight forward and should be an easy win for them but they were just starting up in that particular field and did not have the expertise to recognize the fact that the JDB's had committed a seriuos booboo, and they declined to take the case, or maybe there was just not enough money in it for them. I handled it myself. Unless they have started to build a successful track record in consumer debt collection laws, I would look elswhere for help from an experienced NACA lawyer.
  4. I would not give them one single thing. It is their responsibility to prove the validity of any debt. this is an old tactic to get as much info from you as possible, don't fall for it. If they can not validate the debt based on the info that they have on hand, they have no legal right to collect, period!
  5. You could always tell him that you will be filing complaints to the State Bar Association. Just make sure you have solid evidence against him before you do.
  6. The laws or statutes usually apply to the state in which the agreement was made, or signed for. Check for contract law in the state in which you made any agreement. The only thing that would change that is any disclaimers or addendums written into the original contract or agreement.
  7. Its a very effective tactic used by many collectors. They will call family, freinds, and employers. They use this tactic to shame and embarrass a debtor into paying, or getting you to initiate contact with them out of pure anger. A cease communication letter is in order. Let them know that they have your correct address and all communications must be by mail only. Check the form letters in the various threads for how to word it. If they called from Arizona, good chance it may be Midland, a very nasty company. See if you can get the caller I.D and google the number to find out who it is, if they have not sent a dunning letter.
  8. You may want to call your state's Attorney Generals Office and ask them about this scenario. State and federal agencies are going to really start coming down on mortgage companies that cross the line with bogus fee's and inflated charges, but you would have to have proof. Read your mortgage and title papers carefully to see if you can find any loopholes or pay for a visit to a real estate attorney. It would be far less costly in the long run.
  9. Because most of the JDB's hope that the consumer is ignorant of the laws of proof and representation of such, and that they can get an easy win or get a default judgement. In my experience the more you fight them and show that you are knowledgable and won't back down, the more likely they are to go away, but not always. Like someone above mentioned, they will weigh their odds on how much it will cost them vs. how much, and if, they might be able to collect. The only way you will ever find out how much legitimate documentation they have is by discovery, and that is obtained by filing suit against them or vice versa.
  10. The first thing would be sending them a timely DV letter. Portfolio is notorious for trying to collect on old and sol debt. If your debt is truly SOL, you need to make them aware of that in your initial letter to them, so that they will know that you are aware of the SOL defense. I have first hand experience with Portfolio and you have to stay persistent with them and just keep chipping away at them, cover all bases, be the proverbial thorn in their side, and they will usually give up if they know you are smart enough with the FDCPA/FCRA laws, and they might actually have to work to collect some money. I filed complaint with BBB, and sent intent to sue letters when they could not properly validate and they gave up on me, but I got a 1099C from them for my effort, but that is another fight for me in which I intend to pursue if the IRS got a copy from them as well. Not saying this will work for you, but it did for me. Keep a good paper trail.
  11. Even if hiring an attorney is not affordable, sometimes you can present your case to one and pay them to send her a nasty letter. It sounds as she is abusing the system based on the fact that you do not have legal representation, and hopes your possible lack of knowledge (no offense)of the court procedures or laws will work in her favor. Don't roll over for people like her, a good attorney could slam dunk this person in a heartbeat and maybe pay for itself by winning a countersuit. Good luck.
  12. You had better check with your state laws. Unless you are a corporation or limited liability company then you are considered a sole proprietor and your wages, personal assests, home, vehicle etc, can be attached to a judgment or lien, you are not afforded the protection that you would under any type of corporation.
  13. In most cases they need to provide you 2 notices. The first is that they have your vehicle and you have xx amount of days to pay for it or it will be sold at auction on such and such date. The second is after the sale of vehicle,a notice of deficiency, showing how much the vehicle sold for and all charges relating to the repo. If you do not receive these notices, they can not legally collect any balance due, but do not tell them that you know this, wait and see if they follow procedure. Also, auto loan deficiency falls under the statutes of the UCC, and SOL is different. Look up the UCC for your state. I went this route with Portfolio Recovery, and after I filed complaints with the BBB,FTC etc, Portfolio finally admitted that it was an auto loan deficiency and I asked them to provide copies of the Notice of sale and Deficiency, which they could not, so they sent me a 1099-C (Cancellation of debt)
  14. Back in the day when things were not going well for me, after a chapter13 dismissal, I was flooded with letters like that. When I responded to them by mail, I always put in bold letters that the above address is true and correct and all coorespondence should be sent to the listed address. That statement in a letter does not leave them any excuse for trying to obtain a default judgement by using "sewer service" delivery of a summons to some bogus address. It is much easier to get a judgement vacated if all bases are covered.
  15. A lot of letters from collection agencies will say that they "are considering" . It is meant to illicit an emotional response from the debtor. I have received many of those type letters and not one of the agencies has ever sued me. That does not mean you should not keep a watchful eye on them, because you never know. But if they can not validate, then how can they prove anything in court? Wait the full 30 days and see if they send you vailidation as outlined by the FDCPA and then you can move forward accordingly. A far as your credit report, it is the most common tactic for them to poison your credit report, because they know it is hard for you to get them off, and collection acounts lower scores, if they can't properly validate then they can't legally report it. How old is the debt? is it outside of the statute of limitations. If you have an affirmative defense, then you will have to be the proverbial thorn in their side to make them go away, most CA's and JDB's don't like to waste time, they wan't an easy target and fast cash, if they have to earn it, they usually go away if they can't win.
  16. Maybe you can give me a little inside help and tell Abdul and Rashim from your call center in India or Malaysia to quit calling me 10 times a day the moment I am 49 seconds late with my GEMB payment:) Its hard to understand their words.
  17. The original creditor was Wells Fargo and the balance is $0. I tried to pay the OC in full ($292.00) but they said it is out of their hands. WAP must have just bought it, I have to see who sends me a dunning letter or not.
  18. I just received a credit monitoring alert and noticed that Worldwide Asset Purchasing was listed on my report from an old Chargeoff. I also found out that they are not Licensed or bonded in Arizona for collections under that name. I have not yet received a dunning letter, is there anything special that I should add to the DV letter during the 1-2 punch process. This debt is still within SOL.
  19. Alot of debt collectors also use "shame tactics" they contact family, friends, neighbors etc, in an attempt to embarrass you into paying or contacting them, or maybe they try getting a family member to pay the debt out of sympathy or embarrassment. Its happened to me!
  20. When did you file chapter 7? They usually stay on for 10 years. My chapter 13 came off after 7 years. Maybe the CRA took it off by accident before the reporting period was up and then reinserted it? Add 10 years from your filing date and that is when it would come off. good luck!
  21. I believe you have to inform the CA in writing that they can not call the place of employment, simply telling them on the phone does no seem to work for most of them. Calling work or family is a typical ploy by CA's to illicit a emotional response by the debtor to shame them into paying or taking action. Are the people that are calling a collection agency or original debtor? You mentioned that he is less than 30 days late. The rules are different for OC's.
  22. Your best bet is a "Cease and Desist letter" to let them know that all communication with you must stop, and informing them that the statute of limitations has passed on the debt and it is no longer collectable in a court of law, also make them aware that any attempt to re-age the debt with the credit bureaus will bring down the thunder from your lawyer. If you let them know that you are fully aware of your rights and are not afraid of them, they will probably just go away. There is alot of old out of statute debt that floats around out in the collection world and they are just fishing for people that are imtimidated enough to pay. Make sure you send it CMRRR, and keep copies of all documents.
  23. I just recieved another debt settlement letter from ARROW on a debt that is 10 years old, and, after I sent them a C&D awhile ago. I just sent them another letter and told them to stick it where the sun don't shine, and a big P.S at the bottom of page that if they contact me again it will be lawsuit time for FDCPA violation. I let the first violation go. I would send a C&D,FOAD letter, they basically can not collect it. Remind them of the SOL.
  24. This is a little info from over at Bud Hibbs regarding PRA and the 1099-C .According to the WV General's Office, "In the case of a debt that has been disputed and cannot be proven a 1099c is not a valid option for a CA to file. By filing the 1099c they are saying that yes this is that persons debt and we can prove it is. However if they cannot validate they cannot file the 1099c". ...they suggested the recipient of the 1099-C file a complaint with our State's AG office or file a civil suit or both. I am filing a tax fraud complaint with the IRS and the Arizona Banking Dept. which PRA is licensed with here in AZ and possibly a civil suit as well. PRA did not fully establish validation of the alleged debt, other than their normal affadavit which we all know is a not worth the paper its printed on.
  25. Statute of limitations with the IRS is ten years from the tdate you were assesed the taxes. Make a payment plan and do not ignore them, trust me, they will levy bank accounts, file tax liens, property seizure etc. They are good to deal with as long as you keep up your end of the bargain. If you need a mediator for any situation with the IRS, contact the Consumer Taxpayer Advocacy office. Your other option is to try and file a " offer in compromise" but it is alot of paperwork and a big hassle, as you have to provide every financial document you have to prove that you are incapable of paying the full amount, but it does buy a little time, as all collection activities are suspended until they reach a decision. I am not a lawyer, just speaking from experience!
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