Neveragain Posted February 1, 2007 Report Share Posted February 1, 2007 I paid a CA a settlement on a cc acct (department store account) in 2002. Several letters were sent to ca to get a "letter of satisfied debt" becaue I recently started getting letters from different ca's and even a summons but have found the ca I paid is out of business... where do I go from here?Thanks Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted February 1, 2007 Report Share Posted February 1, 2007 I paid a CA a settlement on a cc acct (department store account) in 2002. Several letters were sent to ca to get a "letter of satisfied debt" becaue I recently started getting letters from different ca's and even a summons but have found the ca I paid is out of business... where do I go from here?Thanks If you don’t have proof that you had an agreement with this CA (either to pay the debt in full or for a settled amount) and can prove you kept your end of the agreement then, frankly, you are not in a good position.I wish I had better news for you but the adage, “if it isn’t in writing it didn’t happen” pretty much applies here. That’s why it’s so vitally important to go through the debt validation and to document everything and not agree to anything that hasn’t been put on paper.I realize the above doesn’t help you now but you may have to approach this as if it’s the first time. Link to comment Share on other sites More sharing options...
Neveragain Posted February 2, 2007 Author Report Share Posted February 2, 2007 I do have the letter sent to me by the CA offering me the "settlement amount" - they reduced the debt by about 20% provided I paid it within a 60 day time frame I think so that is what I did - I just have never received a letter from the CA saying anything like "ok, we got your payment and the records will be updated" - do you think I still have a leg to stand on with this one? The company still shows up on Dunn & Bradstreet !?! I know, no legal advice.... any opinions are welcome Thanks Link to comment Share on other sites More sharing options...
lookinup Posted February 2, 2007 Report Share Posted February 2, 2007 Do you have cancelled checks or anything that show you paid? Link to comment Share on other sites More sharing options...
Neveragain Posted February 2, 2007 Author Report Share Posted February 2, 2007 I have copies of the money orders Link to comment Share on other sites More sharing options...
Methuss Posted February 2, 2007 Report Share Posted February 2, 2007 Well I think you have enough to tell this new CA to go pound sand.It doesn't take an astrophysicist to see a settlement offer letter and corresponding money order receipts to that offer and determine that the account was settled.I just went through the same thing over an old Sprint account. I showed the CA a copy of the cancelled settlement check and that was the end of it. Of course I dropped the F-bomb (FRAUD) on them in my letter and that probably got their attention quite nicely. Link to comment Share on other sites More sharing options...
Neveragain Posted February 3, 2007 Author Report Share Posted February 3, 2007 Thanks for the reply-I have contacted the CA twice by phone and they cannot tell me when the paperwork will be "verified" and refuse to even tell me what the next steps in their process is so after spending many hours reading this forum I will absolutley follow up with sending in an "answer" letter to the court, hopefully this will stop this CA in his tracks. Now.. any suggestions on if I should continue to contact the CA to get some sort of concrete proof that this debt is completely paid and then start the arduant process of correcting the credit reports or should I expect to see more "court actions" from this CA?I really think I can bring my score from the low 400's up to at least 600's within a year if I work hard at it-my report is a mess and once this one is "clear" I can begin to study the report and seek more specific resolutions - thanks again for all the input everyone Link to comment Share on other sites More sharing options...
Neveragain Posted February 6, 2007 Author Report Share Posted February 6, 2007 Outrageous! The CA who issued the summons has called twice without leaving a message so I called the CA that issued the summons as they told me last week to call and see if everything was "verified" with their client. I believe it is important to maintain a calm tone with these idiots because they are just that; idiots! While speaking with CA rep he stated he "could not read the fax" and "nowhere does it say there is a zero balance-did you get a zero balance letter"? "You have to get us something more concrete than this - we are proceeding with collection in court". I have not told this CA that I did try to obtain a "zero balance" letter from the CA I paid in 2002 but the CA who took my money is out of business and I don't want to give this CA any more fuel for the fire - he also stupidy stated there are no names of who the money order was paid to (although the amounts on the money orders specifically match the settlement amount).I will file an answer to the summons immediately and include the same photocopy of my receipts - A) I KNOW I NEED TO SEND THE ANSWER CMRRR TO THE COURT BUT DO I SEND A COPY OF THE ANSWER TO THE CA WHO SENT ME THE SUMMONS ALSO? Is this CA correct? Is it up to me to dig up all this proof? Thanks Link to comment Share on other sites More sharing options...
Tazjeepcj7 Posted February 7, 2007 Report Share Posted February 7, 2007 You might check with the company that issued the money orders to see if they can still provide you with the endorsement info. Usually you fill out a form and pay a fee... Link to comment Share on other sites More sharing options...
Neveragain Posted February 7, 2007 Author Report Share Posted February 7, 2007 contacted the company who issued the money orders - they are kept on file for 5 years only and you have to pay $12.00 and wait 65 days minimum and IF the info is available they will send it to you..... Isn't the burden of proof on the CA who is suing me to prove the other CA did not pay the debt? I tried to contact the CA I paid and the phone # is disconnected, I checked to see if they were listed on D&B - they are - with the same contact information..... even if this CA had to change business name and address for whatever reason is there anyway to find out if they are doing business under a different name?I try to pay debts with money orders because I don't want too muchof my banking info out there.... any opinions as to if this is just overcaution? I filed the answer and guess now I just wait to see what the court has to say... any opinions on what I can expect from here? Do these things ever settle by arbitration? When/if it settles is the court or the CA required to give me soemthing in writing in case this pops up again in 4 or 5 years?Thanks for the opinions Link to comment Share on other sites More sharing options...
Tazjeepcj7 Posted February 8, 2007 Report Share Posted February 8, 2007 It cant hurt to go ahead and put in a request for the paid money order information. Even if the issuing company cannot provide the records you will be able to show you attempted to verify the payments. You might check the secretary of state website for your state to see what info you can find on the CA you paid. You also may want to look for other complaints where this CA didnt properly apply payments. Link to comment Share on other sites More sharing options...
IHateCAs Posted February 8, 2007 Report Share Posted February 8, 2007 I think the $12 is well worth it considering what's at stake. Link to comment Share on other sites More sharing options...
Neveragain Posted February 9, 2007 Author Report Share Posted February 9, 2007 the $12.00 is the smallest issue it is the 65 day wait... anyone have any thoughts if having an attorney handle this in court is a good idea? Although it seems pretty cut and dry to me the law can be tricky - also I have been reading up on SOL and it appears this particular debt has a DOLA date of 2002-in NJ the cc SOL is 3 years so I should also be able to use that as a part of the "defense" correct? Link to comment Share on other sites More sharing options...
IHateCAs Posted February 9, 2007 Report Share Posted February 9, 2007 In NJ, the SOL is 6 years.The 65 day wait isn't a huge thing. You should've ordered them right away. You can ask for a continuance for that very reason. Link to comment Share on other sites More sharing options...
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