Jump to content

Search the Community

Showing results for tags 'debt collection'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


  • Announcements
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Identity Theft
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic

Find results in...

Find results that contain...

Date Created

  • Start


Last Updated

  • Start


Filter by number of...


  • Start







  1. I came across this site while searching for answers to my problem. I am hoping someone can point me in the right direction. Yesterday I got a call from an attorney's office, looking to collect on a debt that I knew nothing about. Turns out it is for a family member who I cosigned a student loan with a few years ago. They defaulted (unknowing) to me, so this attorney company is looking to collect from me. They told me that I was responsible for it now that the other person didn't pay. This particular loan isn't on my credit report, but, under the law, am I legally responsible for it? When I talked to them I told them that I didn't know about the loan. They asked my about 20 times if I was disputing it. I didn't give them and answer either way, because I didn't know what to say. It seemed like they were adamant about me saying that I was disputing it. They kept saying they will have to validate and send me some letter or something. But I’ve been reading about this particular law form, and they are known to “send letters” than never make it to their intended targets, then win default judgments or summary judgments against people who don’t fight back or show up. Can someone please advise me what steps I should take next? The loan amount is $7500.00. As for now I have only talked to them over the phone, and I have not said I was responsible for the debt, and the co-signer has also spoke with them, he didn’t admit to anything either. If the next step is that they send a letter, how do I make sure it actually comes to me? Do I need to send them some sort of certified letter stating what I want? Please help!!
  2. From what I understand, after repossessing your car, the original lender must send you a Notice of Redemption and an Affidavit of Defense. But I never received one from the original lender, and they only want correspondence through mail. How do I write a letter demanding a copy of the letter of repossession? It is integral to proving that I could not have made a payment after the car was repossessed. I did not pay a debt collector afterwards. Thank you.
  3. Greetings, Obviously I am new to the site and seeking a little bit of direction. 3 weeks ago my girlfriend, whom I live with, received a summons from someone stating that I was being sued by Capital One (the Plaintiff). The debt is true ($1,300) and they have included a copy of my last statement as evidence of the debt I suppose. I have been researching on how to proceed since this is my first incident like this. Most of what I have seen has said that it makes no sense to not do anything, since I will automatically be forced to pay the debt plus incurred fees and interest, as well as be vulnerable to wage garnishment et al. What I'm looking for is what to do next. Do I bother contacting a lawyer? Do I enter a judgement on my own? Should I try to negotiate with Capital One outside of court (I feel like this will make me look weak and they will pursue all charges)? Thank you in advance for any help here.
  4. i stopped paying American Express in 2009 after some financial difficulties. Since then, they have sent at least 3 collection agencies after me. I have sent them all Cease & Desist letters ifnorming them of my rights and for them not to call me. NAtionwide Credit harrassmed me first calling me after I told them not to. . A company called First Source Advantage, acting on AMEX behalf called me 10/29/13 after I told me not to call me at work. That was the third time they called me at work. I also sent them a letter in 2013 telling them Not to call me anywhere. Last week, they called my Brother(who has his own separate AMEX account) looking for me. I took the number (8774430144) and spoke to AMEX and told them not to call my brother looking for me. Yesterday they called my brother again on his cell looking for me. I have in the last 4 years sent letters directly to American Express, First Source Advantage, and Nationwide Credit each informing them of my rights and if they needed to communicate with me, then they needed to do so by Mail. I filed a compalint to the CFPB earlier. This is very frustrating and am considering taking action and wanted to find out my options. I am a resident of NY and believe that I am past the SOL for them to sue and collect. I know there was a recent decision in NY that says that the SOL is from the state where the credit card company is based in and not from my home state. Knowing this, I am not concerned about being countersued. I am looking for a knowledge attorney who can advise me and possibly represent if I decide to pursue action against American Express. Thank you!
  5. Trying to advise my friend on how to proceed with CC collection lawsuit from Capital One. This is in Maryland. The complaint form for court shows attorney signature and address. In the section where it shows "application and affidavit in support of judgement" shows a check mark that 'itemized statement of account' is attached, but there is no signature or date at bottom of form for affiant. I mentioned this to my friend and he was wondering if that is needed because lawyer signed a section of the complaint elsewhere and since an affidavit is attached. Looking over the Affidavit and googling the Notary, it appears the Cap One employees are playing tag team and alternating who 'plays' the role of notary and who claims to have knowledge of the debt. Their names alternate in different documents Ive found in other CC Debt collection cases. So I am wondering two things. Is the complaint valid without actual date and signing of affiant ? Is this a clear act of robosigning and bad faith by notary/employees of Cap 1 ? Thanks.
  6. Recently there have been several recordings released by Comcast customers showing how terrible their customer service is. The latest and possibly most shocking shows Comcast customers aren't the only victims of Comcast. This is what happens when a customers service representative actually tried to help a Comcast customer. http://www.funnyordie.com/articles/2a44da5246/leaked-recording-what-happens-when-a-comcast-employee-actually-tries-to-help
  7. Hi all, I received a debt collection notice from a JDB for an alleged debt with Comcast. The notice was dated 7/4/14 with an offer of settlement at 80% of the alleged debt. It should be noted that I rarely if ever mention the name of a party in my posts. In this case, for this particular company, I'll make an exception. I responded with a debt validation request pursuant to the FDCPA, and sent it CMRRR. The JDB received it 8/1/14. They provided no information from Comcast that validated the debt, no proof of any account - not even dates of service. Instead, the JDB responded with an identical copy of their original invoice, with the same settlement offer of 80%, now dated 8/5/14. I know the bar for validation is low, but this seems too low. Does a duplicate of the original JDB's invoice without even the dates of alleged service constitute validation? I don't owe any debt to Comcast. I've lived in communities where Comcast Cable TV was provided free to the community (as part of my lease payment or monthly maintenance payment). At some point in time, approx. 5 or 6 years ago, my company had high speed internet service with them, but it was a business account, and was paid and closed. The present billing dispute is in my name personally, not my business name. My primary question is did the JDB "overshadow" in violation of the FDCPA by sending me a second invoice before I was given 30 days to investigate the first invoice? If they received my DV letter on 8/1/14 and sent out a second invoice 8/4/14, it would appear this is the case. However, 31 days separate the dates of their two invoices, so they may argue they did not overshadow. When exactly does the 30 days time period to investigate begin? I am considering invoking the arbitration clause in the Comcast Agreement, filed in my County's public records. I can't stand this company, and would enjoy the proposition of making them pay thousands of dollars in Arbitration fees over a small billing dispute, and then FDCPA damages if I prevail. I could sue, too. Any thoughts on this? Did they overshadow? Did they validate? Does the least sophisticated consumer standard apply? P.S. Anyone reading this with a billing dispute with Comcast, please read your contract for services. It likely contains an Arbitration clause which they've inserted to try to avoid class actions. However, it does not prevent the consumer from invoking arbitration for their individual dispute, and forcing Comcast to pay the arbitration costs.
  8. Can one law firm pass a debt to another law firm and 2nd one claim they got from OC? The 1st law firm replied to a DV letter I must of sent to them and then I never heard anything from them again. They responded with one statement to validate. The second law firm filed suit. So in essence they purchased this from the 1st law firm and not the OC?
  9. Recently I discovered that midland funding bought an OLD debt that the SOL ran out. In PA it is 4 years. Midland HAS NOT contacted me HOWEVER they: 1. Re-aged the date of charge off from Sept 08 I was smart and kept a copy of my credit report from 2011 (HBC charge off date) to a new date that they called date opened 3-22-2010. essentially they just put this on my credit report until 3-2017 when it should go off in sept 2015. 2. the original amount was for 11 grand but they inflated it to 25 grand. 3. The Statue of limitations in PA is 4 years, therefore it expired and cannot be collected as of September 2012. Can someone please advise what first steps I can take. I do not want to kick a sleeping lion. Should I let it go until the real drop off date is supposed to drop off.
  10. Approximately a month ago a collection account appeared on one of my credit reports. I did not recognize the alleged debt, or the collection agency. I disputed with the credit bureau, and it came back verified. I sent a DV to the collection agency, who immediately violated the telephone cease and desist language and called me. The guy identified himself as an owner, but would not give a name, and claimed they were not a collection agency, but "passive debt buyers." I think this is the new mantra among junk debt buyers who are trying to circumvent the FDCPA, and other consumer protection laws. I strongly suggested they delete the item from my credit report, and reminded the guy that his call was deemed collection activity, and posting the collection account to my credit report was, too. I also suggested that since they were not licensed as debt collectors in Florida, or any other state, unless they ceased collection activity I would sue them in federal court. A few choice words later, he hung up on me. Twenty minutes later, I received a robo call from a party with the same small town area code with an automated voice identifying themselves as a law firm, with an urgent matter to discuss with me. Since then I've received half a dozen similar robo calls on my cell phone from this "law firm". At least they claim to be a law firm - I can't locate any law firm with their name. Let's assume for now they really are attorneys. While I know attorneys can be held to the FDCPA, my cease and desist was to their client, not the law firm. Are the attorney's calls in violation of the cease and desist and FDCPA? Can an attorney use robo calls, or are they violating the TCPA?
  11. Lots of CIC meat in these 69 (!) pages. Note: this paper is a draft. Jiménez, Dalié, Illegality in the Sale and Collection of Consumer Debts (December 5, 2013). Available at SSRN: http://ssrn.com/abstract=2250784 or http://dx.doi.org/10.2139/ssrn.2250784 Dalié Jiménez: "Associate Professor of Law and Jeremy Bentham Scholar, University of Connecticut School of Law. Former Policy Fellow in the founding staff of the Consumer Financial Protection Bureau, where Ifocused on debt collection, debt relief, and credit reporting. This paper benefited immensely fromcomments from participants at the 2013 Law & Society Comparative Household Debt and Insolvencyworkshop and at the Junior Scholars Workshop at the University of Connecticut School of Law, inparticular, Dan Schwarcz and Patricia McCoy. Many thanks also to the UConn Law Faculty andattendees at the Faculty Workshop Series. Many thanks also to John Tonetti, Peter Holland, JimGreiner, Doug Spencer, and Rafael Pardo. The views expressed herein are my own. Any mistakes aremine."
  12. NOTE: THIS IS LENGTHY, AND I'VE TRIED TO FIND ANSWERS TO THE ISSUES I'M FACING ON THIS FORUM TO NO AVAIL. PLEASE BEAR WITH ME! I PROMISE THIS WILL MAKE FOR GOOD READING Hello, I received a summons from Midland in December. Shortly after they filed the lawsuit, the notorious NJ DC law firm, I'll just call them "P", called me and told me if I set up a payment arrangement, the lawsuit would "go away." At the time, I agreed to the payment arrangement. A couple of days later, they sent me a letter, dated December 26, 2013, saying I had to sign and return the agreement BY MAIL no less, by December 29, 2013, or else they would "have to continue with collection efforts." Mind you this is only 4 DAYS from the time they MAILED IT, not from when I received it! When I got the notice, I decided not to sign it, because I had no idea what a consent judgment was at the time, and it that phrase didn't sound anything like the payment arrangement I thought I was agreeing to. I timely filed an answer with the court, and on the same day, hand delivered a copy to P a couple of days later. Someone suggested that I also mail a copy of everything to P just to make sure they got it. I did this, but a couple of weeks later (several weeks of bad weather). I should also note that I filed a FDCPA counterclaim based off of the payment arrangement/consent judgment, since they didn't tell me I was agreeing to a CJ on the phone, said that the payment arrangement would make the lawsuit go away, and tried to put me under "duress" by only allowing me a day or two to sign and return the CJ by mail. I also submitted a motion to allow discovery, since we are only limited to 5 interrogs, and submitted requests for admissions, the 5 dogs, and requests for documents. A couple of days after I dropped off the documents to P, I received a letter dated the same day I dropped everything off trying to confirm our "agreement" to the consent judgment. I wrote on the letter stating that I did not agree to a consent judgment, and sent a certified copy of this to them and to the court. Later in time, can't remember the date, they called me stating that they wanted to discuss my answer. I simply said I was advised not to speak to them and hung up. Mind you, I am going at this alone so far, thanks to this awesome forum and all of the extremely useful resources provided by Mr. Phil Stern's website. On February 14, P filed an answer to my counterclaim, denying the allegations - typical failure to state a claim, and also that the claim was frivolous. When what I assumed to be the deadline for discovery passed, February 20, 2014, I sent them a letter saying I hadn't received their responses to the interrogatories. However, I failed to state the 10 day rule - one of many mistakes I've made so far. I sent certified to court and to P. P responded by saying that they never received any docs I hand delivered, that they didn't get notice of any documents or answers or counterclaims (by mail) until February 12, that they only received notice from JEFIS on February 10, so they had until March 14 to respond to discovery. However, they submitted answers to my RFA's and of course objected most claiming I didn't define certain terms so they refused to answer. They also stated they were objecting my motion for discovery and advised me that the motion was premature because discovery hadn't closed yet. I did not receive any responses to my discovery request by March 14, even though this is the date they themselves decided was appropriate. I didn't receive anything yesterday either! CAN I DO SOMETHING WITH THIS FACT? So I am confused - how do they object my motion to permit discovery, yet submit answers to my RFA's? The judge was supposed to rule on this motion on the 14th. The docket has not been updated yet. On Thursday, I received a pretty thick packet from P and P. It was their own requests for discovery. They also submitted 35 interrogatories and 39 requests for admissions! Since they opposed my motion to permit discovery, are they allowed to turn around and do this? Do I have to answer them even though I submitted the motion to permit? Also, if I have 30 days to respond, and trial is set for April 17, should I wait until the last possible day to respond? I received this packet from them on Thursday, March 13, 2014. P also included ANOTHER answer to my counter claim in this packet. They used the same defense and time barred???? I am not sure what they were referring to or what they meant, they didn't cite any law/rule. I thought you had a year to file an FDCPA claim. They also requested dismissal, and opposed my motion for summary judgment, claiming that it was premature because discovery was not over, and that I had not asserted a factual basis that allows me relief. My other mistake was submitting the court forms for the msj, but I did not attach a statement stating why it should be granted. However, after receiving the requests for admissions, and nothing else, I wrote them a letter defending a discovery end date of February 20, 2014, and told them that claiming they didn't get the paperwork would not relieve them of this deadline. I don't know how I will be able to prove this, but I went ahead and filed a motion to dismiss for failure to answer discovery. I also asserted they should not be allowed to use stalling tactics to gather documents that they should have had together before they filed the lawsuit. I asked the judge to rule that the close date was Feb. 20, and dismiss because they had not complied. Another mistake - I didn't explicitly say they had 10 days when I sent the reminder, so I'm not sure if the reminder will be enough to back this up. Miscellanous facts, I have seen "signatures" from 4 different attorneys on this claim. One filed the lawsuit, tried to get me to agree to consent judgment, one filed the answer to my counterclaim, and now this douche bag I've been corresponding with here lately. The RFA's they sent included reference to certain exhibits for me to confirm or use to answer my questions. The exhibits included two affidavits from Debt Collectors about an assignment of accounts - chain of title docs; a bill of sale for each subsequent assignment, and one exhibit in the first assignment sequence, labeled a statement of accounts, but all of the info was blacked out. Also, in the second assignment, the bill of sale made specific references to certain portfolios, but these were black out as well. lastly, they attached a credit card statement from June 2011, but it doesn't appear to be the last bill they sent on the account. there aren't even any late fees on it for that billing period!!! It actually looks a little shady and I would be interested to know what an actual last periodic billing statement looks like. is there a certain format or certain information that a last billing statement must include? So, now that I've walked you through the lengthy details of where I am so far, I am at a loss as to what I should do next! PLEASE HELP!!!!! Is it too late to amend my MSJ? Or even my counterclaim? Can I file another motion to dismiss for failing to answer rogs? Can I use the exhibits they attached to the RFA's against them to argue that they have no evidence that they own the account? Can I file a motion to strike the affidavits, even though I am not sure they have even handed them to the court yet? Do I have grounds to attack these? I saw someone make reference to this before but didn't find an answer, why would Midland make an inquiry to the credit bureau a couple of weeks before filing a lawsuit against me? Are they allowed to do this? Also, I have a question I would like to ask someone off forum, so if someone would please allow me to pm them, I'd be grateful! Additional Info: The case is in NJ. Special Civil Part. Breach of Contract. Less than $2,500 cc account Within SOL. - 6 years Did not send DVR before lawsuit. Can't remember any correspondences pre-lawsuit. Not saying it didn't happen lol! This debt has been disputed with the credit bureaus. Can't remember last payment. The bill they sent is from May 2011. They made reference to a payment I made in 2010. Currently awaiting trial with no jury, 4/17.
  13. **Found this online this morning** Harassing text messages aren't just for scorned lovers anymore. At least one debt collection agency has been using texts to go after indebted consumers -- and the government says that those texts broke the law. The Federal Trade Commission regularly sues debt collectors for illegal collection practices, but for the first time it's gone after a debt collector for chasing consumers with text messages. National Attorney Collection Services, Inc. and National Attorney Services LLC, which are both based in Glendale, Calif., and owned by Archie Donovan, have agreed to pay $1 million in the case. It's not actually illegal to use text messaging to collect on outstanding debts. The big issue here is the name: Not only did the debt collectors fail to disclose they were calling from a debt collection firm, the companies' names gave the false impression that they were law firms. And according to the FTC, collectors represented themselves as attorneys or legal assistants in their text messages and phone calls. FTC.govThe collectors also broke the law by revealing people's debts to their friends, family and co-workers -- specifically, by using envelopes with a cartoon of a man having his pockets shaken out by Uncle Sam. To protect consumers' privacy, debt collectors aren't supposed to reveal on their envelopes that there is a collection notice enclosed. In a blog post amusingly titled "DONT VIOL8 FDCPA. K? THX," the FTC said that the debt collectors also directly disclosed debts to family members in phone calls and texts. Trying to shame consumers like that is a big violation of the Fair Debt Collection Practices Act. In addition to the $1 million fine, the companies will have to cease any debt collection practices that violate the FDCPA, including changing the names of the businesses so as to stop giving the impression that they are lawyers.
  14. First I want to apologize for the length of this post, however I want to provide as much information as possible to get a correct answer or insight or help to my situation. On 7/3/2013 at approximately 6:30pm I was served a summons with notice from a constable for an alleged debt that I owe in New York State. This summons is from the Attorney Generals Office Civil Recoveries Bureau. It states that I have 20 days to appear in this action by serving notice of appearance on plaintiff's attorney. It further states the following: "Take notice that the nature of this action and the relief sought is to recover damages for overpayment of financial aid, OR unpaid charges, OR room and/or board OR fees OR fines. for the Spring and or Summer of 2008. The amount sought is a little of $2,000.00. It further states that this is not for any Student Loans or Guaranteed Funds. Ok - so here is the history. In 2006 I received what is called a living expense check from this college, which is a refund that I am entitled to once all of my education costs have been met. This was sent to me directly and I cashed it. In 2007 - Actually January 2, 2007 is when I first received any communication from the Attorney Generals Office stating that there was a mistake and demanding that I repay the college. I also received another letter on January 22, 2007. I did respond disputing this alleged debt. There was NO REPLY from the Office of the Attorney General for 2 years. In 2009 - April 12 & 28 I received letters demanding payment of alleged debt from one of their collection specialist. I again disputed the debt with them. In June of 2009 I received a summons similar to the one that I received on 7/3/2013 - stating that I had to appear in court. I disputed this summons as the constable left this summons on my roommates car in the pouring rain so it was never handed to me personally or left on my door. I called the Attorney General and stated that I was not served properly, so they sent a summons to me by regular mail and told me that constitutes "Legal Service". I sent my response to their summons certified mail shortly after. There was no court case or Judgment - I was not served any further papers. There was NO REPLY or communication from the Attorney Generals Office for another 2 years. In September of 2011 I then received a letter from the Attorney Generals Office which reads: Supreme Court of the State of New York, County of Albany State of New York, Plaintiff v. Me, Defendant. NOTICE OF DISCONTINUANCE -received by the Albany County Clerk 9/30/2011 at 11:31pm PLEASE TAKE NOTICE that, pursuant to CPLR 3217 (a)(1), the undersigned attorney for the plaintiff herein discontinues the above mentioned action without costs and without prejudice. Dated September 26, 2011. Yours, etc., Assistant Attorney General. There was no other communication from them until August 29, 2012 - when I received a letters stating that I owed them $3,347.45. I did not respond to this letter (which is my fault). There was no further communications from them until July 3, 2013 which is when I received the summons and notice. Now this is my perspective on the whole situation and maybe my defense. I am going to write them a letter sent CMRRR demanding a complaint, which I have never received. I am also thinking about asking for the check that I cashed back in 2006. I am going to dispute the amount that I owe as they can not come up with one sum that matches. My biggest defense with this is that they are saying it is from the Spring and or Summer of 2008, however I have proof that my first communication from them regarding this debt was in January of 2007 - so with that being said I believe that the Statute of Limitations has expired on this debt since the statute is 6 years in New York State, and since I am actually a Pennsylvania resident the Statute here is 4 years. There is no way I can make the trip to Albany NY to appear if is 400 miles which is almost an 8 hour drive for me. I do need some help if there is any out here, what do I do next - do I have a chance at all of fighting this? The college messed up not me.
  15. Hello All, I am new to this forum and could use some help. After a stretch of unemployment and wife's medical issues, i have fallen behind on my CC payments. This all started 2 years ago and i have yet to pay one bill since. I would like to start the process of at least negotiating. I have received collection letters of up to 70% off some balances. Here are my questions: Is it possible to deal with only one agency during the process or do i have to work with all of them? Should i call the credit card company directly and ask if they can offer the same or did they already charge-off? Like i said, this is new to me, so any help is appreciated. Of course, the easy way out and the cheapest route is BK, which i really dont want to do. Thanks in advance.
  16. I have a letter for pre-approval on a debt to pay back from Midland Credit they have given me 3 options or call to set up payment plan. Should I accept this or wait for them to sue me? ;0 Thank you in advance.
  17. There is some good news believe it or not regarding how credit scores are calculated. Vantage score which is the new score created by the 3 major credit bureaus has made some adjustments in their model which will help many who have paid off old debt or been victims of natural disasters. You can read the article here: http://tinyurl.com/a29uvh4 This may help many of you in terms of raising your score which is always a big issue in this forum.
  18. New to the thread - I've got 2 questions. After being an irresponsible idiot in my younger days, I'm really trying to clean my report up. I had 4 negative accounts, 3 smaller accounts listed in collections and a student loan I decided to stop paying years ago. As for the student loan, last week I settled with the collection agency hired by the bank that backed the loan. I paid half and they will have it listed as settled in full (wasn't getting a PFD or anything else for that). The thing is, it's also listed 3 or 4 separate times on my credit report as charged off, filed with gov't, etc. This is with AES/NCT, things like that. How do I go about getting the other listings removed? Do having those listed affect my credit score? Just wondering because if I paid to have this settled (had to, since it was a student loan) should I still be getting dinged for the same thing by multiple other negative listings? Also, I had three other small debts in collections. I sent them letters offering payment for deletion from the 3 CR agencies (used form letters I found online - not accepting it's my debt, but offering payment if I got written agreement, etc.). I got a call from one of them today that they wouldn't PFD or even put paid in full but would take a smaller payment and put settled in full. I even offered to pay the full amount for deletion but they won't accept that. It seems they would rather take less money and give me a settled in full than full payment for a PFD. I asked for a number to the original creditor (Best Fitness). She said she'd give it to me, but I'd just be routed back to her since they were the collection agency in charge of Best's debt. I found it odd that they'd settle for less than full but wouldn't PFD if I gave the whole amount. Any suggestions here? I told her I'd have to consider my options and call back next week. Side note - this was regarding a contract I thought I had terminated but apparently had not completed the termination. Finally, does speaking about these debts restart any clock or anything, or will they still fall off 7 years after original delinquency? Thanks again for any input.
  19. I received a letter from Encore yesterday stating that I owe XXX but it just says payment to FIA Card Services, not to the bank I owe. The problem is, is I already made the minimum payment on my card via online bill pay because the card is linked with my checking account. Should I ignore the letter from Encore? Write them a letter?
  • Create New...