shlace Posted January 28, 2007 Report Share Posted January 28, 2007 My mother, defaulting on several credit cards, spoke to who she believed was a debt consolidation firm that would help her eliminate/pay down the debt. There was one account for around $4,000 (cc), and another for around $11,000 (BOFA cc). She thought the $4,000 cc had been paid off in this manner and just gave up paying this ‘firm’ when she saw the balance continuing to increase. There is no written agreement with this firm that she can recall…just a phone conversation. I have all the paperwork she says she’s received and have summarized it below. In November or December that began receiving calls saying they would garnish her wages. This month, they talked to her son who lives with her, and told him they were going to contact the Sheriff’s office and garnish her wages. She hasn’t kept track of these calls or recorded them. I’ve spent hours reading up on this to the point where I'm almost cross-eyed...still not sure what her next steps should be since she made payments for so long and it’s now been over 30 days since the last collection agency contacted her. Help?! History:Creditors Interchange Paper Trail- Paper trail is primarily ‘NOTICE OF INTENT TO DEPOSIT’ on letterhead from Creditors Interchange, referencing the account with their client (which flips back and forth between Sherman Acquisitions, Resurgent Capital, and LVNV Funding). - Letters and payments she made run from January 05 thru April 06. All letters reference the BOFA account, with a Date of Service of 11/23/03, the BOFA account number, and the Total Due. - From April 06 thru August 06, there were a few letters indicating full payment required within 7 days, request contact info, 30 day past due, and then a final one in August with a 30% discount settlement offer. United Collections Bureau Paper Trail- In September 2006, received a letter indicating they were collecting a debt on behalf of LVNV funding. Did not reference BOFA, but the account number, date of service, match the previous communications from Creditors Interchange. Although, the last notice from Creditors Interchange’s specified Resurgent as the client. - Second letter from UCB was received in November 06, references her disregard for the debt and her obligation to pay. BOFA - credit report infoDate of last payment 04/2003 Charged off in Nov. or Dec 2003Purchased by another lender LVNV – credit report infoDate Opened: 12/2003 – varies between CRA’s Date of last payment 04/2006Type: InstallmentLoan Type: Factoring Company (debt purchaser)Creditor's statement: Paying under a partial payment agreement. Link to comment Share on other sites More sharing options...
willingtocope Posted January 29, 2007 Report Share Posted January 29, 2007 I'm not sure I've got much help for you...No idea about the $4000 cc...is that on her credit reports anywhere?As for the BofA CC, it looks like its been sold to LVNV...a notorious junk debt buyer. Your mother doesn't really owe them anything, because they paid pennies on the dollar for the right to hassle her. If they're reporting as a "factoring company", that's probably incorrect, but other than that, there's not much to fight them with... Link to comment Share on other sites More sharing options...
shlace Posted January 29, 2007 Author Report Share Posted January 29, 2007 The $4,000 was with another credit card company...not sure which one, but none of the letters she has references it although it seems to be included in the overall amount due. Should she just ignore them or send a DV? She's made enough mistakes so far by paying them in the first place, I don't want her to do something that will make it worse. Should she take any action at all or just sit tight? Link to comment Share on other sites More sharing options...
willingtocope Posted January 29, 2007 Report Share Posted January 29, 2007 I guess it can't help but get worse. If she was sending money somewhere, and she's stopped, they'll probably come after her. The first question is who has she been sending money to? If its some phoney debt fixer, who wasn't really doing anything to help her, she might be able to get that back...As to the JDB's involved, its probably too late to use the "debt validation" process. They can't just garnish her wages, unless they have a court judgement, but, a suit would probably be their next step. Can you afford a lawyer? What state are you in? Link to comment Share on other sites More sharing options...
shlace Posted January 29, 2007 Author Report Share Posted January 29, 2007 She was sending the money to Creditor's Interchange - Sherman, Resurgent, and LVNV all listed at different times as the client. I will get her a lawyer if there's a good chance they'll try to sue her or garnish her wages. She can't afford either. We're in Kansas (KC suburb). Appreciate your help!!!! Link to comment Share on other sites More sharing options...
willingtocope Posted January 29, 2007 Report Share Posted January 29, 2007 You can try www.budhibbs.com ...I don't think they practice in Kansas, but you can ask for a referreal. They're pretty good at answering emails...The three firms you mention are all JDBs...I'm not sure why they'd be listed as the client, I'm not sure if they're related or not. It could be just part of the debt fixer scam... Link to comment Share on other sites More sharing options...
shlace Posted January 29, 2007 Author Report Share Posted January 29, 2007 I emailed Bud Hibbs and he sent me a link to his collection assistance program...do you know anyone that has used this? Link to comment Share on other sites More sharing options...
willingtocope Posted January 29, 2007 Report Share Posted January 29, 2007 I don't know anyone personally, but there have been lots of posts on the board here about his firm. I am curious as to what his "collection assitance program" is all about. Don't tell me he's yet another "debt fixer"!!!! Link to comment Share on other sites More sharing options...
shlace Posted January 30, 2007 Author Report Share Posted January 30, 2007 I'm not sure exactly what the 'program' is, but it seems like I read somewhere that it costs $500. Don't think it was a 'debt fixer', but more of a 'let me deal with those collectors for you' type of a deal. Just a little leary of everything and everybody after doing so much reading! All I really want to do is make sure her wages don't get garnished. Those default judgements where they do it without the debtor knowing are a little scary.Should I post a question on one of the boards asking specifically about this guy? Is that appropriate? Thanks!! Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted January 30, 2007 Report Share Posted January 30, 2007 Hibbs has an amazing reputation.. I have used him and have spoken to him several times regarding an issue.. he is NOT a lawyer but a consumer advocate. he has been all over the radio and talk show circuit.. the guy knows his stuff and has great resources.. call his number.. the call is free and they will call you back to give you details.. he has been a godsend.. and no he doesnt do fixing.. its more along the lines of him dealing with an issue.. Link to comment Share on other sites More sharing options...
willingtocope Posted January 30, 2007 Report Share Posted January 30, 2007 Should I post a question on one of the boards asking specifically about this guy? Is that appropriate?Certainly! That's what we're all here for...to help each other. I know there are people that Bud Hibbs has helped...and I'm pretty sure he didn't ask for any up front money. Post the exact web site that you went to also...let's make sure we're all going to the same place (I say that because there are so many scams out there...for example... if instead of www.microsoft.com you happen to spell it micORsoft (careful...look at the spelling...don't go there without a good virus checker)) Link to comment Share on other sites More sharing options...
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