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How to settle w/ these CA's or maybe not to? Lost!!!


luv2bhappy
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Hello,

This is part of a thread I had posted in a different topic and I'm hoping you can offer some insight on how to deal with these guys. A little more info...these accounts were charged off this year and immediately bought by Collect america w/ Bronson & Migliaccio and Davis Law Associates acting as CA's.

I appreciate any advice you can offer!

"My charge offs were purchased by Collect America and have been seperately placed w/ agencies in CA & NY...both "law office's of..."

The agency in CA, I can't find any info on, and the other in NY appear to be notorious "bottom feeders" ect....that paticular agency I sent a full C&D because the messages they left were very obnoxious, and they were calling family members after locating me and sending their demand letter. The first day he called he stated that "he'd try not to bother me elsewhere", and then proceeded to call a family member 5 minutes later. At that point I decided that I am not willing to work with them. I'm hoping that one will be placed w/ an agency that doesn't employ thugs as collectors. I'm willing to pay, but not willing to be burned on the cross...so to speak.

The CA agency doesn't take such a hard ball approach, but aren't willing to work w/ payments I can afford which is $200.00 a month. They of course want a huge lump sum up front. Which, if I could afford, I wouldn't be in this horrible mess to begin with. I guess they feel if they take me to court they'll get more. I am not employed outside of my home, so there are no wages to garnish.

I don't get it....I'm willing to pay, but it's not getting me anywhere. I guess if I can't get these guys to settle I'll save my money for litigation. I don't know what else to do.

Thanks so much for the help. I need it!"

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Do not take this as an attack, but it is obvious that you have not read very much on this site.

By telling them you are willing to pay, they now know they have a fish on the line. Then you compound this by sending a C&D. You have now placed them in a position where they have to sue you to get paid. If you had not done so, you could have built up enough violations to sue them and make them go away.

Once a debt goes to a JDB, you are in a poor position to pay for delete, and if the OC has listed, a PFD will still not get rid of that TL. So instead, you are listed with a charge off AND you are out the money.

Please read this sticky's in each forum before communicating with a CA or JDB. Remember that they do this all the time and know how to get your money.

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No offense taken. I've been reading different forums non stop for weeks. This forum seemed to offer the most, imho, sensible advice.

I made no offer to settle w/ the agency that I sent the C&D letter to. In fact I had no communication w/ them at all. The phone messages were an immediate red flag.

The other agency I did speak with, but that was my first experience with this type of situation and I had no idea about this business until I started searching.

There are lots of conflicting opinions & info out there, and I am very confused, stressed ect.... I've recently consulted w/ an attorney who basically couldn't offer a whole lot of advice as I haven't been served anything ect...only to NOT send a validation letter (claiming could trigger an immediate lawsuit), record calls, and keep all correspondence. I've obviously already made some mistakes in my dealings, but I can't do anything about that now except move forward and do what I can do.

This particular thread, I thought, was for advice on how to work w/ the collection agencies, should you so choose. That is what I'd like to do because I do not want to drag this out and have it be an issue for the rest of my life. I don't want to be afraid to answer my phone, have my family harassed, my husband harassed ect... These are new charge offs and will not go away anytime soon.

If possible I would like advice on how to cover the bases when negatiating a settlement. I don't know why they would want to sue when I have no assets in my name, no joint banking, no outside employment AND I am willing to pay.

Apologies for the carry on....explaining my position.

Thanks!

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OK, the attorney gave you bad advice. Sending a DV allows you to take advantage of certain legal rights, rights that are severely compromised if you let the 30 days run out without DVing the agancy.

Can they respond with a lawsuit? Yes, but doing so without providing validation to a timely DV is a violation of the FDCPA and will allow you to get damages to offset any award. You say that you want to pay anyway, so even if they sue, what have you lost?

This will not bug you forever, the LONGEST will be the 7 year reporting period. If they cannot validate, all this could go away that easily. A gamble? Yes, but only you can decide if the risk is worth the benefit.

The first rule to negotiating is to negotiate from a position of strength. Right now, the CA has all the cards. DV allows you some room, as you are making the CA wonder if they are dealing with a cometant consumer.

If you do negotiate, make sure you get an agreement for deletion, or else your payment will go as a paid collection on your CR, which is just as bad as having the collection to start with.

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I was thinking that maybe the attorney's advice was incorrect due to everything I've been reading. Can I ask.... should I send a DV to the agency that I spoke w/? It's been about 6 weeks and they are still calling, but it's been passed on to a different person w/i the agency. There are some possible violations from this agency. They know I have no assets, no checking, no garnishable employment. That debt is $4000.00.

The agency that I sent a full C&D....it's still w/i the 30 days. Should I send a DV? That debt is $3200.00

I feel like a sitting duck. I've read about actual amounts doubling, tripling ect due to fees & interest then all of the sudden you get sued and owe $20,000 from $5,000 of original debt. That scares me! If you do get sued and the agency can prove the debt is yours then your screwed (?).

I want to pay because I want it to go away and I don't want to end up owing $20,000. My husband isn't fully aware of my situation and I really don't want him to know the details for obvious reasons. This kind of thing wouldn't go over well w/ him or my in-laws whom have been contacted by B&M already.

This has pretty much consumed me for the last month & I want to deal w/ it. I don't like this hanging over my head.

Thanks again for your advice.

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I received it w/i a week of their initial phone call. So, it was by the end of June. Due to my lack of knowledge at the time I did not keep the letter. When I spoke to the person, he of course, stated this was in prelegal & I would be garnished if & when I was employed ect.... He rattled off a bunch of stuff that was on my credit report saying that I had other open lines of credit to borrow from...which I don't. I was totally confused when speaking to him. He said my credit wasn't that bad, but then said I had lots of people after me...which I don't. Just one more. I would now guess he was baiting me for information. Apparently doesn't know all of my details because he asked me if the rent I was paying was expensive....which I answered, yes, to me it is. His line of questioning was strange to me. The head of this particular law office also holds a degree in psychology. They offered to settle for like $3000.00 w/ 3 payments of $1,000. He wouldn't accept a payment plan from me, so I told him I couldn't do it, and that basically ended the conversation.

They started calling my parents again because I wasn't taking the calls. Which really ticked me off because at this point they had all of my informatioin, knew that was the only way to contact me, and in my opinion, broke the law. So, I left the new agent a voice mail message stating as much and since they wouldn't deal w/ me...why are they calling? He's called a few more times and left messages that I need to call right away. That's where I'm at.

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I tried to edit an earlier post but did not work....I wanted to add:

The C&D I sent, I sent by internet fax and I have a reciept. I never followed up w/ a CMRR hard copy as I didn't know if I was doing the right thing or if I needed to or ect..... I sent it to the # listed on the demand letter I received from them. The demand letter came the day after their first phone call to me. I found this strange. I thought they usually didn't send those out until they've first spoken w/ you. Remember I said I had never actually spoken w/ these people. When the agency called the man said "again, this message is for...". Found that strange too because he had never left a first message. So, obviously they knew how to contact me. Was it a violation for them to call my inlaws after this?

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Guest sifxpert

You have these idiots in a grip of violations. Do not pay Collect America. Bronson and Migliachio are scumbags and unless you live in NY they will not sue you and if you are in NY, I still would not be concerned...this is a typical "rent a law license" to name your collection agency a law firm for simply intimidation purposes. Collect America hardly ever sues so don't worry. You need to send them a $0.00 settlement demand. I suggest you have an attorney do it for you since it will be taken much more seriously. Not to outright solicit but I'm fairly confident my attorney would be quite effective given the violations and it is a con america account and rarely do they have anything substantial so they normally just give up rather than fight.

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Hello sifxpert,

I would like to know more about the $0.00 settlement. I haven't read anything about that anywhere. A knowledgable attorney referral is fine by me as I think the one w/ "expertise" I found is not so expert. Which is surprising because the economy in MI couldn't get much worse.

Thank you for your advice and thank you to everyone who answered my posts. This has had me in serious fits, but I feel better after hearing some input. I apologize again for stumbling around. I'm learning as I go.

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