Anyone hear of this?

[schellmis63]

I had an account with FHut and it became delinquent, collection account. I am unsure where the delinquent account went to. I ignored the collection attempts,by whom ever was trying to collect. and started to pay this account with FHut. I see on my CRA that the balance has been going down, they are acknowleging the payments but here is where it gets strange.

Here is the exact report on my CRA

Date open September 2000

Balance 461.04

Balance date: Jan. 2004

High balance not reported

Credit limit original amount 711.00

Past due 461.04

Credit line closed grantor request

payment status: Now paying was a charge off.

Was a charge off?? I now have been getting collection letters from a CA attorney Law Offices of Mitchell N. Kay

their first letter to me was that they have learned from FHut that I had made a payment of 20.00 and that I am to send all payments to them.

I fired off a DV letter with payment history that I h ave made to FHut and also that this account should not be in collections with them since I have been making payments They came back with a second letter, lowing the balance by 20.00 and then telling me to send payments to them. Then I recieve a second letter the same day and this letter was exactly what they sent me originally with the higher balance, this letter was as if I never had even contacted them. One hand did not know what the other hand was doing in that office.

I know that I really messed up by handling this account this way. I started this before I even knew about this board. Any suggestions how to continue with this?

[gprncss]

Sounds to me the CA is ignoring your letter which puts them in violation I am sure. Has it been over 30 days since you DV'd them? Be sure to send up a F/U letter. It seems to help me when I quote the exact violations in my letters. Hold on to their letters, you can use them as leverage for your case. Are they showing up on your CR?

Have you been in touch with Fhut to see what they say about the account? See if you can get Fhut to change the tradeline since you are paying on it.

"Now paying was a charge off" simply means you are paying after the charge off.

[schellmis63]

Do you think that they sold this debt? Should I contact them in writing or call them? Should also continue to pay FHut instead of the collector? Tell the CA to F/U? lol

I know they are ignoring the Validation letter, I informed them of my payments, they again did drop it down by 20.00 so maybe they consider they validated it? But then again, they did not send me anything to confirm they came up with the figure.

so my questions or process is

1. contact FHut, see where I stand with this debt.

2. Send another DV letter or even CD letter? letting them know that I am working with the OC?

[anti-something]

I would call fingerhut and ask them why this CA is calling you. While you were there I would also ask them for account statements for at least the period you have been paying, or the entire account history.

if you have been making payments, the balance has been going down, the TL says you are paying.. it appears they have accepted your payment offering.

consider the possibility the CA is a scumbag, doesnt have the right to collect the debt, but wants to take you for the money any way..

continue paying fingerhut.

[schellmis63]

thanks for the help,, do you think that I should sent them a CD letter, and that I am dealing only with the creditor?

[anti-something]

it all depends on if they are still sending letters or calling you, if they arent just call fingerhut and find out whats going on

[schellmis63]

they are not calling, but they are sending letters, I sent them a DV letter on Feb 23rd, now I just heard from them with the letters yesterday, and also I forgot to say they are sending the letters also to my father's home.

I informed them in the DV letter not to send any communications to my fathers home,, ofcourse they paid no attention to that either,

why are they doing that?? They know my address, specially when I sent them communications,,

You know,, it's a terrible to thing to get into debt but the worse thing is when someone is unfair that is trying to get it from you!

[anti-something]

i wouldnt send anything to them at this point, find out from fingerhut whats happening with the account tomorrow.

then you will be in a much better position to decide how to deal with these CAs.

In the meantime document everything.

the FDCPA was put in place expressly for the purpose of protecting the individual from harrassment and unfair practices of collectors, the rules are set down, the CA has to follow them

[schellmis63]

Thanks again, I will call them tomorrow, I will let you know what they say.

[schellmis63]

Oh one other question. Since they have not entered anything on my CRA and I do not reply back wont they put a negative TL on my CRA? I did request validation already back in Feb of this year. Here is a quick CD letter if I need it. Can someone critique for me? Now I am only going to send this if it's needed

To whom it may concern

I recently received you letter concerning my Validation letter that I had wrote to you on Feb 23rd 03. You waited well over 30 days to send me back communications. You did not validate this debt nor send me any communications concerning even remotely any verification of this debt. I am not disputing that I owe this debt I am disputing the amount and also who has personal interest in collection of this account. I am requested you send to me payment history and also any information that Finger Hut has supplied to you. I am going to continue making payments to Finger Hut as I have been doing so for the last 2 yrs. I am asking you now for full Validation of this debt. If you do not supply the information that I have a right to receive and I firmly suggest that you cease all communications with me. Remove any Trade lines that you may have entered with the Credit Bureaus.

You had said to call FHut, well I might have been placed back into collections because I missed a payment in Dec of this year but I don't think so. The first letter they sent me was that they had learned by FHut that I recently made a 20 dollar payment. Which again I have been making all along. I might have missed a month here and there but nothing to start collections again.

[Guest]

I am pretty sure Fingerhut went belly up and sold ALL accounts to CAs. Mainly RJM and this Mitchell N Kay.

I DVed these bastages and called them and told them straight up if I saw ONE entry on my report I would sue thier panties off.

Never heard from them again.

DV AND C&D Them.. .should work!!

[pjwife27]

Oh fingerhut is a pain in my ARSE! I finally got them off mine and DH's backs by filing a complaint with the BBB. I wouldn't even try to call them, if you do get thru to someone they don't know anything. My account was charged off but never sent to a CA. I even sent them DV letters to no avail. DH was supposedly "verified" by the CRA's as a authorized user, no way.

So the whole point of my story is, if all else fails, try filing a BBB complaint. I did it online and it seemed to have worked because its gone bye-bye from both mine and DH's!

[schellmis63]

Since I have been paying to FHut, I have not made any payments to this CA should I still pay FHUT? Or just stop and DV this CA,and CD them. this will be my second DV letter, and continue to dispute the amount?

I am so confused which way to start with them. I do believe that they did sell it. I have also heard that they are still FHUT but collecting under a diffrent name. This CA knows that I have been paying so I wonder what my leverage is seeing that they change the TL and start the delinquent again.

If this makes any freaking sence what I wrote.

[anti-something]

i would still recommend calling fingerhut, they may have reinstated your account since you have been paying and forgot to recall it from the CA.

its possible, hope for the best, plan for the worst, find out where you stand and its much easier to make a decision.

[schellmis63]

Reason for filing a complaint would be?? They sent me to collections while accepting my payment arrangment?

[anti-something]

fingerhut can send it to collections any time they want if you dont pay, that includes missing a payment.

if i was you i would go look at the statutes of your state as to contract law, and see if there is a possibility you have reinstated the original contract by sending the payment, and their acceptance of it.

have you called them yet?

[schellmis63]

I am going to call today, which it's now Friday here, I will let you know what they say to do.

[anti-something]

what happened with this schellmis63?

[dolphindan1]

I have a question...

When filing a complaint to the BBB do you do it where you live or where fingerhut is? And what do you say in the complaint. I have been trying to get one removed from 2 of CR's too.

[DocDon]

Go through the BBB where they are located.

[schellmis63]

Thanks for asking and I am sorry I did not get back to you guys on this issue, I go from one problem to the next.

I called FH and they knew nothing about the collection account. I think like someone stated earlier, they will not know anything. I informed that I will continue to make the payments to them as schedualled and that they need to remove any collections on my account. She knew nothing about it and they were to get back to me. I am going to call again this Thursday, (my day off during the week) and I am sure that I will get someone else. Since they just took another payment , deducted yesterday, I am going to get out a CD letter to the CA and if they contact me again, start reporting and getting mean! Man, you know one thing that I have also learned from here is that I have gotten more back bone than I have ever had. Still scared of some situations but with all your guys help I am getting strength! Thanks

So am I handling this right? With FH?