I feel like I have been near the devil-lol

[coolcreditchick]

ok---want to see how the other side feels about us?? Take a look at www.collectionindustry.com and see what collectors are saying about us " losers". I felt dirty just skimming thru the posts but was also happy to see that there was some humanity posting as well. I see we have become quite famous or "infamous" as the place to lurk and see what info we are spreading to one another. There seems to be some irritation with the amot of info we have about our rights and so forth. Saw our ol friend ChuckD and he was as sweet and as honest there as he is here..Hi Chuck!!

Enjoy!

[morrow]

lmao.....that was awesome!!! It put a smile on my face knowing that we are getting under thier skin as much as they are getting under ours!!

Good stuff!! I might hang out there more often!! lol

[morrow]

BTW-here is the direct link to thier board so everyone else could have a chuckle!

http://www.collectionindustry.com/forum/index.cfm

ENJOY!!!

[ADSOFT]

We are definatly kicking their butts; I, we have the scores and success stories to prove it!!!!!

Btw, I was on a simular site, and the most lethal weapon is the ONE-TWO punch. It works 9/10 times and they know it.

FDCPA violations that is the way to fight back the accounts that have gone into collections

And FCBA is your weapon for present BILLS. When CSR'S start getting smart with me I always telling them that I'm disputing the bill, and I'm not paying a dime untill they get it right. Works everytime I have saved myself at least 4 late charges and have forced them to suspend my billing 30 days on 2 occasions.

I'm working a angle right now(actually its not an angle, it was right that I didn't know I had) that since I have 60 days to dispute a bill and a 4 yr SOL on written contracts, they have to reverse some charge of 2 yrs ago. I told them that I disputed the bill well within 60 days of when they first billed me and they didn't document it and did not inform me of my rights.

I honestly feel sorry of the CA'S they are the losers, I honestly think they are no match for us!!!!

[morrow]

I just wanted to say, not ALL CA are bad. There are actually some good guys still out there. Most of them are just trying to do thier job.

I spoke with a collector from ER Solutions 2 weeks ago, and we talked for about 20 minutes about laws and CA reporting and disputing!!! He was VERY friendly and informative and told me if I had anymore questions about CA, feel free to call him!!

After I got off the phone with him, I laughed. I made payment arrangements with this particular CA, its not showing on our CR and he said it wouldnt. Just to make sure, I sent and Agreement to Compromise debt letter. I was very cooperative with them and in return they treated me with respect.

Just goes to show not all CA are bad guys!

[ADSOFT]

Well, be careful!!!

Remember, anything you pay to a CA is going to stay on your record for 7 yrs. Why, you have agreed that you are guilty by paying!!

The only friendly CA is a CA that is going to take a partial settlement and agree to either remove or mark paid as agreed.

.... there aren't too many of those guys around!!!!

[morrow]

Well, since it was never reported to our CR, and I had made payment arrangements after speaking with the nice guy, not to mention the fact that the collection wasnt for that much, I felt comfortable in taking his word that the CA would not report it. He actually told me that they rarely do. Sure, he could have lied. But I honestly felt that I could trust him. He could have been a JERK about it.....then again, so could I!!!

Its done and over, and Im glad I did what I did. Thanks for the tip AD.

[ADSOFT]

Well, since it was never reported to our CR, and I had made payment arrangements after speaking with the nice guy, not to mention the fact that the collection wasnt for that much, I felt comfortable in taking his word that the CA would not report it. He actually told me that they rarely do. Sure, he could have lied. But I honestly felt that I could trust him. He could have been a JERK about it.....then again, so could I!!!

Its done and over, and Im glad I did what I did. Thanks for the tip AD.

You know I have been lucky, by continually disputing different things on my CR I have deleted all my CA's from equifax, I only have 3 Ca's left and one is beyond the SOL. My game plan is to keep disputing by until they fall off and pay the OC if I have to.

Hey Morrow that EQUIFAX is looking mighty tasty!!!! It looks like WWW.HOUSEHOLD.COM might find it very PALATABLE!!! (LOL)

[morrow]

You know I have been lucky, by continually disputing different things on my CR I have deleted all my CA's from equifax, I only have 3 Ca's left and one is beyond the SOL. My game plan is to keep disputing by until they fall off and pay the OC if I have to.

Hey Morrow that EQUIFAX is looking mighty tasty!!!! It looks like WWW.HOUSEHOLD.COM might find it very PALATABLE!!! (LOL)

Congrats on your deletions AD!! Keep up the good work! As far as my EQ score.....lol...yeah both my new HH and Target cards are helpin me out some! I cant wait...I just paid off my FNANB Visa, Ive had it since 1998 with a $2000 balance...and I paid the ENTIRE thing off!! That has to do SOMETHING for my score!

[ADSOFT]

Hey, are all your negitves off of EQUIFAX, it sounds like you are 2 months away from hitting BONANZA ($$$$$) over at WWW.HOUSEHOLD.COM!!!(LOL)!!!!

[sisflomi]

Well, be careful!!!

Remember, anything you pay to a CA is going to stay on your record for 7 yrs. Why, you have agreed that you are guilty by paying!!

The only friendly CA is a CA that is going to take a partial settlement and agree to either remove or mark paid as agreed.

.... there aren't too many of those guys around!!!!

Ad, who told you that it will stay for another 7 years? They are WRONG whoever it was. The credit reporting time is not changed because you pay to a ca. Once it hits your report as a co or collection, thats it, the date can't legally change for the 7 year period. If a ca is changing it, then it is called re-aging and is not allowed. It also does not re-start the statutes of limiations to bring an action either. Just about every state has a law that says you would have to write a new agreement out for this to happen.

[cybercrusader]

ok---want to see how the other side feels about us?? Take a look at www.collectionindustry.com and see what collectors are saying about us " losers".Enjoy!

I like that site. I've been lurking there for quite some time and really enjoy reading some of the lively posts....especially the ones made by Picantel. He's like a thorn in their sides over there. I know he's a member of this board too, but I haven't seen him around in a while..

[ADSOFT]

Well, be careful!!!

Remember, anything you pay to a CA is going to stay on your record for 7 yrs. Why, you have agreed that you are guilty by paying!!

The only friendly CA is a CA that is going to take a partial settlement and agree to either remove or mark paid as agreed.

.... there aren't too many of those guys around!!!!

Ad, who told you that it will stay for another 7 years? They are WRONG whoever it was. The credit reporting time is not changed because you pay to a ca. Once it hits your report as a co or collection, thats it, the date can't legally change for the 7 year period. If a ca is changing it, then it is called re-aging and is not allowed. It also does not re-start the statutes of limiations to bring an action either. Just about every state has a law that says you would have to write a new agreement out for this to happen.

I didn't say it stayed 7 yrs from the time you paid, I said it stays 7 yrs. And like you said, it may stay another 7 yrs if they TRICK you into starting a new contract. So .... like I said "BE CAREFUL", that is why paying a CA is always a bad Idea, there are so many traps. Anything you pay a CA is going to stay on your CR for 7 yrs: Either from the time you defaulted with the OC or if you get tricked by the CA to start a new contract 7 yrs from the time you make a payment. And If your are not carefull if the bill gets bounce around CA'S and you accidently get into contractual obligations with each CA you may create multiple negitives from ONE account which is beyond the SOL.

.... So, what I ment, was ANYTIME YOU PAY A CA, YOU HAVE COMMITTED YOUR SELF TO A 7YR NEGITIVE REPORTING TIME WINDOW, EIGHTER FROM THE TIME THAT YOU ORIGINALLY DEFAULTED WITH THE OC OR THE TIME YOU PAID THE CA. ... so be carefull with CA, try not to deal with them only via DV'S , DISPUTES and FAXES if necessary, CA's are very tricky!!!!

And Yes, it also depends on what state you are in , BUT by paying a CA, you have commited yourself to have a TWO negitive marks on your CR if you pay during the SOL.

So, generally speaking don't pay a CA until you have asked for advice!!!!!

[TylerDurden]

ok---want to see how the other side feels about us?? Take a look at www.collectionindustry.com and see what collectors are saying about us " losers". I felt dirty just skimming thru the posts but was also happy to see that there was some humanity posting as well. I see we have become quite famous or "infamous" as the place to lurk and see what info we are spreading to one another. There seems to be some irritation with the amot of info we have about our rights and so forth. Saw our ol friend ChuckD and he was as sweet and as honest there as he is here..Hi Chuck!!

Enjoy!

Whoa!! I was just there and read the post by bigdaddy about validation letters. Unbelievable! Long story short, his company apparently answers DV letters with a form they want consumers to fill out! Flagrant violation of the FDCPA!! If the consumer doesn't reply within 15 days, he goes straight to court and gets a judgment. His company basically relies on consumers who are clueless (like I used to be), and because the consumer doesn't know his/her rights, he gets away with this.

Furthermore, you won't believe how his company give notice to consumers that they are being sued. They advertise them on the newspaper!!! His company didn't even try to serve alleged debtors by mail. They go straight to the newspaper. And, since most people don't read the newspaper cover to cover, they get away with it and get their default judgments because the person being sued doesn't even know he/she's being sued. Being able to get our news from the internet now, the only time I open a newspaper is on Sundays! Is this really legal???

Here is a link to the thread if you're interested:

http://www.collectionindustry.com/forum/messageview.cfm?catid=9&threadid=292

-----------------

[ADSOFT]

ok---want to see how the other side feels about us?? Take a look at www.collectionindustry.com and see what collectors are saying about us " losers". I felt dirty just skimming thru the posts but was also happy to see that there was some humanity posting as well. I see we have become quite famous or "infamous" as the place to lurk and see what info we are spreading to one another. There seems to be some irritation with the amot of info we have about our rights and so forth. Saw our ol friend ChuckD and he was as sweet and as honest there as he is here..Hi Chuck!!

Enjoy!

Whoa!! I was just there and read the post by bigdaddy about validation letters. Unbelievable! Long story short, his company apparently answers DV letters with a form they want consumers to fill out! Flagrant violation of the FDCPA!! If the consumer doesn't reply within 15 days, he goes straight to court and gets a judgment. His company basically relies on consumers who are clueless (like I used to be), and because the consumer doesn't know his/her rights, he gets away with this.

Furthermore, you won't believe how his company give notice to consumers that they are being sued. They advertise them on the newspaper!!! His company didn't even try to serve alleged debtors by mail. They go straight to the newspaper. And, since most people don't read the newspaper cover to cover, they get away with it and get their default judgments because the person being sued doesn't even know he/she's being sued. Being able to get our news from the internet now, the only time I open a newspaper is on Sundays! Is this really legal???

Here is a link to the thread if you're interested:

http://www.collectionindustry.com/forum/messageview.cfm?catid=9&threadid=292

-----------------

BusinessDebt

Before I forget what state are you In????

Thanks that is great info.

That is precisley why I have been afraid to DV CA's that are within the SOL. I've read that a the CA can sue but they have to form a stay before they get a judgement if you answer.... guess that won't help if you don't read the paper huh!!!!

I guess if you are giong to DV withing SOL you better have a good defense if it comes to court. That is why I only DV if you have them on a violation. The top 3 that I have found.

1. failure to dispute

2. Incorrect reporting

3. Misrepresentation of debt.

... But if you DV and they get a DEFAULT JUDGEMENT, you might be able to use your DV as grounds to vacate the JUDGEMENT, i.e. failure to stay, ????????? what do you think????

[sisflomi]

Buiness, that guy is a total loser who is telling one lie on top of another. There is no way an oc is going to hand over their security interest in a car to them. If you read what he said, there is just no way he is telling the truth about that. I buy a car from ford, this off the wall unkown ca gets a judgment on me and he can ask the oc to sign off on the title and hand it over to the ca? The ca can then repo the car? If the person bought a bmw and had to do a loan, chances are there is a whole lot of money owed on it. How is an oc going to just say, okay, you can take the car ca and I will tell the debtor they still have to make their 1000.00 a month payment to me? And just what oc would ever do this and let the security of the money go like that? I go to this site every few weeks just for a laugh. This guy needs to be taken out of the collection business. Oh and lets not forget how he thinks the debtor needs to prove the debt to him!!!!!!!!! ugggggggggg, stay out of that site, its bad for the stress levels.

[TylerDurden]

BusinessDebt

Before I forget what state are you In????

Thanks that is great info.

That is precisley why I have been afraid to DV CA's that are within the SOL. I've read that a the CA can sue but they have to form a stay before they get a judgement if you answer.... guess that won't help if you don't read the paper huh!!!!

I guess if you are giong to DV withing SOL you better have a good defense if it comes to court. That is why I only DV if you have them on a violation. The top 3 that I have found.

1. failure to dispute

2. Incorrect reporting

3. Misrepresentation of debt.

... But if you DV and they get a DEFAULT JUDGEMENT, you might be able to use your DV as grounds to vacate the JUDGEMENT, i.e. failure to stay, ????????? what do you think????

Actually, I misspoke. It is not a violation of the FDCPA for the CA to send me a form to fill out. But, it is also not against the law for me to not fill it out. The violation is when they don't reply my request for DV, but they continue their efforts to collect (Brennan v. Spears).

"Brennan (plaintiff collection agency attorney) violated 15 U.S.C. § 1692g( when he obtained a default judgment against Spears (defendant) after Spears had notified Brennan in writing that the debt was being disputed and before Brennan had mailed verification of the debt to Spears. "

So, the DV is not the problem. If they sue you as a response to your request for DV, you can tell the judge that the CA can't continue collection activities when they know full well you're disputing the debt.

The bigger problem for me about this thread was the fact that they resort to post summons on the newspaper rather than serving people via mail. How the heck are you supposed to know you're being sued??? I can't believe this is legal!

-----------------

[sisflomi]

It is sad that they are too cowardly to actually give the debtor a chance to defend themselfs.

It is legal in most states to post ad in the paper. I know here in MI they would have to have proof that they mailed the request to the paper, they also have to put the mail box info that they put the letters into. There is more to what they have to do as "proof" that it was in the paper. Seems it would be much easier to send summons crrr to a debtor, but they can't take the chance on a debtor that knows their rights.

You know what really cracks me up on that site? They say its okay to report a 19.00 debt to cra without giving debtor a chance to pay it. Then they say it only happens when they have no contact info for debtor. Wouldn't they have the last known address of a debtor if they just did an AR into their reports? Hey I would take a hard inq if I knew it was going to give me a chance to stop a co or coll from showing up on my report.

Same thing with the ca's that report consumer's where abouts unknown. Ummm, it has the address right there as well as phone numbers and employment info. How hard is it to look at the report they are reporting to? I wonder if that statement hurts your fico or not? Anyone?

[TylerDurden]

Buiness, that guy is a total loser who is telling one lie on top of another. There is no way an oc is going to hand over their security interest in a car to them. If you read what he said, there is just no way he is telling the truth about that. I buy a car from ford, this off the wall unkown ca gets a judgment on me and he can ask the oc to sign off on the title and hand it over to the ca? The ca can then repo the car? If the person bought a bmw and had to do a loan, chances are there is a whole lot of money owed on it. How is an oc going to just say, okay, you can take the car ca and I will tell the debtor they still have to make their 1000.00 a month payment to me? And just what oc would ever do this and let the security of the money go like that? I go to this site every few weeks just for a laugh. This guy needs to be taken out of the collection business. Oh and lets not forget how he thinks the debtor needs to prove the debt to him!!!!!!!!! ugggggggggg, stay out of that site, its bad for the stress levels.

Sis, I'm going to take your advice and stay away from that place. I'm so glad that I found this board. I wish every consumer knows about this board. It pains me to think that people like him make it their job to trample over the rights of people who don't know any better...

-----------------

[ADSOFT]

Actually, I misspoke. It is not a violation of the FDCPA for the CA to send me a form to fill out. But, it is also not against the law for me to not fill it out. The violation is when they don't reply my request for DV, but they continue their efforts to collect (Brennan v. Spears).

"Brennan (plaintiff collection agency attorney) violated 15 U.S.C. § 1692g( when he obtained a default judgment against Spears (defendant) after Spears had notified Brennan in writing that the debt was being disputed and before Brennan had mailed verification of the debt to Spears. "

So, the DV is not the problem. If they sue you as a response to your request for DV, you can tell the judge that the CA can't continue collection activities when they know full well you're disputing the debt.

The bigger problem for me about this thread was the fact that they resort to post summons on the newspaper rather than serving people via mail. How the heck are you supposed to know you're being sued??? I can't believe this is legal!

-----------------

Ah YES,good old Spears and Brennen, true they have to provided validation before getting a judgment.

Hey I have a question, what do yo do if you ask for DV within SOL and they answer with a summons. Do they have to provide validation prior to commencing the trial?????

Can you settle before getting a judgement? ... I think you can, I read somewhere that a ex proffesional athlete was sued and the judge allowed him to make monthly payments instead of getting a judgement.

.... So what do you do if push comes to shoove and you go to court and the CA provided validation there?????

[sisflomi]

Ah YES,good old Spears and Brennen, true they have to provided validation before getting a judgment.

If the judge don't know the laws, this won't matter at all about dv.

Hey I have a question, what do yo do if you ask for DV within SOL and they answer with a summons. Do they have to provide validation prior to commencing the trial?????

You answer the summons and there is a way to answer and ask for dv, there is a word for it and I think it starts with a D, but for the life of me I can't remember what it is called.

Can you settle before getting a judgement? ... I think you can, I read somewhere that a ex proffesional athlete was sued and the judge allowed him to make monthly payments instead of getting a judgement.

This is always possible

.... So what do you do if push comes to shoove and you go to court and the CA provided validation there?????

You settle right there on the spot before you go in to see the judge. Make sure you have some money saved up!!! At this point the ca is pretty holding the upper hand. You don't want a judgment filed against you if you can help it.

[ADSOFT]

It is legal in most states to post ad in the paper. I know here in MI they would have to have proof that they mailed the request to the paper, they also have to put the mail box info that they put the letters into. There is more to what they have to do as "proof" that it was in the paper. Seems it would be much easier to send summons crrr to a debtor, but they can't take the chance on a debtor that knows their rights.

Is putting an advert. in the county you live in considered proper serving???

[sisflomi]

Well, be careful!!!

Remember, anything you pay to a CA is going to stay on your record for 7 yrs. Why, you have agreed that you are guilty by paying!!

The only friendly CA is a CA that is going to take a partial settlement and agree to either remove or mark paid as agreed.

.... there aren't too many of those guys around!!!!

Ad, who told you that it will stay for another 7 years? They are WRONG whoever it was. The credit reporting time is not changed because you pay to a ca. Once it hits your report as a co or collection, thats it, the date can't legally change for the 7 year period. If a ca is changing it, then it is called re-aging and is not allowed. It also does not re-start the statutes of limiations to bring an action either. Just about every state has a law that says you would have to write a new agreement out for this to happen.

I didn't say it stayed 7 yrs from the time you paid, I said it stays 7 yrs. And like you said, it may stay another 7 yrs if they TRICK you into starting a new contract. So .... like I said "BE CAREFUL", that is why paying a CA is always a bad Idea, there are so many traps. Anything you pay a CA is going to stay on your CR for 7 yrs: Either from the time you defaulted with the OC or if you get tricked by the CA to start a new contract 7 yrs from the time you make a payment. And If your are not carefull if the bill gets bounce around CA'S and you accidently get into contractual obligations with each CA you may create multiple negitives from ONE account which is beyond the SOL.

.... So, what I ment, was ANYTIME YOU PAY A CA, YOU HAVE COMMITTED YOUR SELF TO A 7YR NEGITIVE REPORTING TIME WINDOW, EIGHTER FROM THE TIME THAT YOU ORIGINALLY DEFAULTED WITH THE OC OR THE TIME YOU PAID THE CA. ... so be carefull with CA, try not to deal with them only via DV'S , DISPUTES and FAXES if necessary, CA's are very tricky!!!!

And Yes, it also depends on what state you are in , BUT by paying a CA, you have commited yourself to have a TWO negitive marks on your CR if you pay during the SOL.

So, generally speaking don't pay a CA until you have asked for advice!!!!!

Hey, I am sorry ad, I thought you meant that the reporting goes 7 years from the day you pay the ca. I think they way you wrote it threw me off. Again, sorry about that. Just wanted to make sure you knew what your rights were on this.

[sisflomi]

Is putting an advert. in the county you live in considered proper serving???

I think it states it just has to run in a local paper from the last know town you lived in.

[ADSOFT]

Wow, Sis, what's with the new AVATAR, ....notice you have been loging on late!! Starting to work out huh, ... going for the HOT bod w/ good credit combo????? 8) j/k!!!

Actually, I found going to the gym make s big difference, think I'm going to go tommorrow.

Btw, I appreciate all the help you give me