Jump to content

Recommended Posts

:confused:

Ok, here is the brief synopsis of my situation:

in late october recd. letter from a law firm

that had been retained by Excalibur I LLC as a successor in interest to Chase Manhattan Bank. first off, does a successor in interest mean they purchased the debt? Anyhow, I started the debt validation process and sent off my first letter. Bang no response for 10-15 days. Then I get a phone call from them. The typical collector call, threatening court action etc. I asked if they recd. my letter, they claimed not to have it. Sent off second letter with copy of first and copy of their correspondence to me. No response after thirty days. they recd. second letter on 29th Nov(certified mail) and nothing. Got a call last night(1/6/03) from a new collection agency, saying they were now assigned by Excalibur I to collect the debt. I stated I was already working with another company on this problem and hung up.He called back to ask who, and I told him, name only. He asked to confirm amount and account number, I told them I did not have either in front of me. Then proceeded with the usual rhetoric about how this is not going away, and they will pursue this to the very end. I told him, that I did not know who he was, and to please send me something in writing. he claims they were assigned on Dec 30th 2002 and that a letter had gone out that day. I said send me something in writing and we could talk further and hung up again. Bang another call back and him saying there is no time to send something in writing, that I have to act now, and again this isn't going away. I reiterated that I need something in writing. He raised his voice again, and I told him he was now harrassing me and to contact me only in writing and hung up. He called back yet again then said "hey buddy how do you like it?" and hung up on me. Keep in mind, the first call from him came in at 8:50 p.m and after all was said and done, it was 9:10 p.m. I did not get his name or his company name. Nor did I record the conversations. I haven't recd. any new letter from this new company yet. What do you think happened with the other firm, and what should be my next step. Also, the amount he asked for was about $4000.00 less than the other firm was asking for. What's up with that?

Link to comment
Share on other sites

You demanded validation from the first CA several times. Apparently #1 didn't want the hassle of dealing with your validation demands so they sent it back to Excalibur and Excalibur gave it to CA #2. This is a very typical scenario, not surprising or mysterious at all.

As for the imbecile from CA #2, do your validation with them now and STOP talking to them on the phone !! Its pointless.. it wastes YOUR time and what's the point of letting them aggravate you ?? You can't verbally demand that they stop calling you, they'll ignore you. The C&D MUST be in writing.

Just forget talking to these bozos unless its to get an address to send your validation letters to !

Link to comment
Share on other sites

thanks ladynred! What should I say to them if they call, or should I just start screening my calls with my answering machine? How many CAs will this company go through? Can the next CA just file a judgement without any notice? I believe it has to be getting close to the SOL running out(awaiting my credit report to check).

What happens after the statute runs out? can they still continue to try to collect, and report to CRAs? Sorry I'm rambling, this stuff has my stomach in knots!

Link to comment
Share on other sites

Definitely screen your calls, do NOT talk to them for any reason. There is NO LAW in any state that says you have to talk to them or return their calls.

There's no way to know how many CA's will end up with the account. I've got accounts that are already up to #3 and some of these were charged-off as late as Sept. !

No one can get a judgment without suing you and winning first. If you're sued, you'll be served with papers, so it will NOT come as a surprise, you'll know its coming.

If the SOL expires, all that means is they can't sue you for it any more, the debt becomes uncollectable. The debt never really goes away, but with no legal means to enforce payment, it ends up in an archive somewhere and eventually falls off your CR. Once that happens, it can't be reinserted (not legally) and it dies.

Link to comment
Share on other sites

<blockquote>Originally posted by LadynRed

If the SOL expires, all that means is they can't sue you for it any more, the debt becomes uncollectable. The debt never really goes away, but with no legal means to enforce payment, it ends up in an archive somewhere and eventually falls off your CR. Once that happens, it can't be reinserted (not legally) and it dies.

</blockquote>

I think some CA's still try to bring suit, even after SOL. It is up to the debtor to raise the SOL defense.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.