Settled CC twice, now have 3rd CA after me!

[carol124]

Hello everyone!

I live in New Jersey and this is my first time ever posting on a discussion forum. I have no idea how this works so please bear with me.

I have spent hours reading the different posts over the last few days. I was totally clueless about how CA's and CRA's work until I came here. The posts have been very informative but have also made me realize I've made some big mistakes. I'm hoping someone can help.

I have a few different problems but think it best to just start with one.

I made a payoff settlement on a Fleet CC with a CA (American Coradius Inc) in 2002. Settlement and payment were done over the phone. I realize now that was a very stupid thing to do but it sounded good at the time. I was told everything would be taken care of and the debt would be cleared.

In 2003, I was contacted by another CA (Receivables Management Solutions Inc.). I had forgotten about the first settlement so made one with them as well (over the phone of course). I had made payoff settlements on several CC's with CA's from 2000 to 2003. To be honest, it was all very confusing and I just lost track of who was who. I figured they were all legitimate companies. If they said I owed money, it must be true. If they said the debt would be cleared, they would do as promised. Foolish right?

In 2004, I was contacted by a third CA (NCO). They offered to make settlement on my Fleet CC. I knew I had already settled so called them to explain. NCO said I needed a payoff notice to prove settlement. While looking for some sort of proof, I came across a payment notice and my canceled e-check from the first CA. I gave them a call but was told they had been taken over by another company. The person I spoke to asked for the reference number off the notice. They were able to pull up the account but were only able to tell me it was my Fleet CC. They weren't able to access any details. That was when I realized I had settled twice. Anyway, I figured that was a dead end so called RMS. I was told they had a record of the settlement and they would send me a payoff notice. I never received it. I have requested it by phone several times now. All I get is promises and a hard time. NCO would not accept my canceled e-checks or the payment notice from American Coradius because neither stated they were payoff settlements. NCO has now turned the account over to a lawyer.

I have called the lawyer and was told to dispute the amount in writing. I had no idea how to write the letter so just said I wished to dispute the amount owed and then explained about the two settlements. I enclosed copies of the e-checks from both settlements and also a copy of the payment notice. I sent the letter Certified Mail but not CMRRR.

I have gotten a copy of my CR online from EQ which is a complete nightmare.

They don't even have my correct birthday or current address.

They don't supply any DOLA's for any of my CC's. All it says is n/a.

All the Dates Closed are left blank even though the CC's are all closed.

There are no CA's listed under Collections but there is a listing for NCO under Other Accounts.

NCO is the CA for my Fleet CC even though there's no mention of that.

There are no records for any of the CA's I made settlements with. Just the OC's for the CC's.

The NCO account says:

Type of Loan: Factoring Company Account (debt purchaser).

Comments: Collection account.

Date Reported: 12/2004.

Date of Last Payment: 09/2003 (This sounds like the settlement made to RMS but the payment amount is listed as 0).

Under the Fleet account it says

Date reported: 01/2002.

Current Status: CHARGE-OFF.

DOLA: n/a

Comments: Account transferred or sold, Charged off account.

I know I originally defaulted probably in 1999 but am not sure because there's no DOLA. I did make a settlement payment in 2002 and again in 2003 so think that may have extended the SOL.

Where do I go from here? The letter I sent the lawyer only basically said I was disputing the amount so don't know if that is enough. I also didn't request a return receipt.

How can I find out the DOLA on my CC's? I have a couple other CC's in question so will need that info anyway.

Is there anything I can do about paying off this CC twice? The payments made were settlements but I don't have anything in writing. Just my canceled e-checks and the payment notice. I feel I was definitely deceived but don't know if I can do anything about it legally.

I did manage to find an old settlement offer letter from RMS. It says that 41.0 authorized them to offer me a settlement at 25%. It also says 41.0 had placed the account with one other agency before placing it with RMS. I don't know why they used 41.0 but am assuming that meant Fleet. I would imagine the first agency referred to was American Coradius. There's no mention of a CC account number but I'm pretty sure the letter is on my Fleet CC. Letter is dated 4/18/03. I made settlement on 9/30/03. I actually reached a better settlement over the phone. I think it was 60% off the balance.

Any help would be appreciated.

Thank you!

Carol

[paw67]

Hello!

Glad you found this site. My first suggestion to you is to stay off the phone. Send the lawyer and the ca (NCO) a dv letter immediately. Since this account has gone through so many hands they may just pass it on because they probably won't be able to validate. Be sure that you send the letters certified mail. If you don't send them with return receipt you don't get the signature, but you can go to www.usps.com and look up the certified mail number and get the date & time it was delivered.

good luck!!

Patty

paw67

[carol124]

Thanks for the info about the DV. Can I just use a copy of the letter I found under Sample Letters?

Do you know if there's anything I can do legally about paying this account twice? I think I read somewhere that it was in violation of the FDCPA to sell the balance from a settlement to another CA in the state of NJ.

Do you know any other way of finding out the DOLA on CC's? It's not listed on my CR and I have no idea how else to get them.

Thanks again!

Carol