Jump to content

Letter from Attorney about chargeoff AC with CITI


rahma70513
 Share

Recommended Posts

Kind souls, Please help:

1. I have a CC with Citi as charge off status for about 2 years. I disputed every after 60 days with CRA but no luck at all. Every time came back as verified. In fact, I do have a payoff letter from Citi ( they sent me as a mistake) that I am using as a proof.

Anyway, about a month ago, I got a letter from OSI and immediately I sent DV with limited cease and desist. Now today, I got a letter from an attorney in TX saying I owed --- and got 30 days to response or they will procced to assume this debt is mine. PLEASE LET ME KNOW WHAT SHOULD I DO? I would like to settle to avoid any lawsuit or further hassle as I will be finishing school soon and am extermely busy with my sick wife.

2. I have another medical CA for my wife's medical bill. I sent out 3 DV letters and disputed through CRA's at the same time. No response. Also sent ITS, got response with an itemized bill, then sent a letter asking about the proper documentation with MOEN letter, got no response. Sent out a letter to OC asking all the documentation about this account, no response. Sent out a letter to OC asking about violating HIPAA law, no response. I don't know what to do now, but I need to settle soon, WHAT SHOULD I DO?

You the guys are wonderful and I appreciate that. Regards, Sam.

Link to comment
Share on other sites

Not quite sure what you're asking, but let me offer my thoughts here.

The attorney saying you have "30 days, or they'll assume the debt is yours" is exactly what the FDCPA says with regard to any debt. Basically it means that if you don't dispute the debt withing 30 days, the law says they can assume its yours and continue with their collection efforts. IT DOESN'T mean, you're agreeing that its yours, or that you can't dispute it later. Just that they have to give you 30 days before they continue. You can respond with another DV letter and see where that takes you.

The only safe way to "settle" these debts is to send a letter to the original creditor with an offer that you can afford. Although you might be able to settle with one of the CAs that's after you, there's no gurantee that they'll take less than the full amount. If the accounts have already been charged off, the original creditor probably sold it to the CA and they will continue to make your life difficult until they get paid.

When you say "I need to settle soon" that exactly what the CAs want to hear, because it means they can panic you into doing something you don't need to do.

I know it takes time and energy to fight these people, but if you haven't got any money, that's what you're going to have to do.

Link to comment
Share on other sites

Willingtocope, thanks for the reply.

I can fight but just wondering what would be the consequences to fight against attnys, should I just send them a DV as usual like a CA? I think CITI didn't sell the accuont yet, as in the attny letter it says, "this office has been retained to collect the above-referenced claim against you and then want to send them the check BUT payable to CITI." How do I know for sure it belongs to whom?

Also if I send a settlement letter to them after sending couple of DV letters, isn't it indicates that this debt is mine and should I be in good position to negotiate the debt? The CITI debt is double now adding with all the ridiculous fines and fees. Do i be liable legally in any way? Can you also give me a sample link to this letter?

I think this is the most stressful job in the world. Thanks, Sam.

Link to comment
Share on other sites

Thanks DocPC. But I talked to CITI earlier about the payoff letter and they told me it was their mistake and they want me to send a "proof of payment method." Please help. Now how should I go ahead and what would be my best strategy to avoid the attny and eventually take off from EQ. By the way, EX and TU doesn't show the TL as Chargeoff. Thanks, Sam.

Link to comment
Share on other sites

Okay...I'm confused...let me try to make sense of all this...

1. You say you have a "payoff letter". Is that a letter that says Citi will consider your debt paid if you send them X amount of dollars, or is it a letter that says your account is paid in full. If the former, that only helps if you have the money to send them...if the latter then you have grounds for a suit against the CA/lawyer for attempting to collect on a paid off debt so you send them a C&D letter including a copy of your letter from Citi saying the debt is paid in full and tell them to go away. You can also send a copy of the "paid off" letter to the CRA as part of your dispute of the TL.

2. A lawyer is still just a CA. Treat them the same as any other CA. The fact that they claim to be a lawyer only makes it a little easier for them to work up the papers to sue you. Doesn't mean they're going to...again, just another scare tactic.

Link to comment
Share on other sites

Okay here is the deal --- 3 years ago I was with Ameridebt after laid off and I paid off by them one citi card for full and this card for almost half. At that time I didn't know anything about debt negotiation or stuff like that. The then two citi cards went to collection and I told Ameridebt to take off from collection since I paid. After that Citi sent me a letter saying "the above account closed with a zero balance (in fact, they referenced the other account that paid half off) and they have sent corrected information to delete the collection statement from the above account."

After that, I came across to this site and learned a lot and disputed the account with the pay off letter. It was taken off from EX and TU but not in EQ. Then like 6 months ago, I called Citi about that and they told me they sent a wrong letter, I said no and then they want me to send a "proof of payment method." I said I do not have that since it is almost 3 years old and I paid through Ameridebt and the company is now not in business. After that CITI sent me a letter from their attny saying the letter was wrong, they put this account with OSI, and finally I got another letter from an attny after DV'ing OSI. They also added more than half of the fees and fines with the original.

Should I go to a lawyer than willingtocope? Is their any proof needed in the court about my method of payment?

Thanks all for the help. Sam.

Link to comment
Share on other sites

Just to make sure I understand (thick head, takes awhile for things to get through).

1.) You had two CitiBank cards being paid through AmeriDebt....Card A, which was paid completely, and Card B, which was half paid.

2. CitiBank sends you a letter saying Card B is paid in full.

3. CA is threatening suit (maybe on behalf of OC) on Card B. CitiBank says you have to prove to them that the letter they sent to you was accurate. Somehow, I think that's their job to prove that it wasn't.

If these are the facts, I'd send a letter to CA, including a copy of the letter saying Card B was paid in full, and tell them they are attempting to collect on a paid debt. Tell them if they continue, you'll sue them based on the facts you have in hand. If you have the money, get your own lawyer.

If it does wind up in court, present your letter to the judge as proof that Card B was paid. Let the CA argue that the letter was sent in error, and say "well, if I can't depend on what CitiBank tells me, how do I know that that any of my payments were correctly applied?". You might wind up losing, but you'd be no worst off than you are now

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.