CantCU Posted April 27, 2007 Report Share Posted April 27, 2007 My CA problems are minor compared to what I am reading on these boards, and my hats off to all of you who have been fighting this battle with the CA's for so long and your great success stories!What I am seeing the most with OC/CA issues is that the CA/JDB acquires the debt and the OC gets off without a hitch. Even better than that, they get the tax write off, and a bit of pocket change from the JDB. Perhaps it's time for the OC to take responsibility for selling debt in the first place. Make the OC just as liable for the actions of the JDB as the JDB themselves. If it weren't for the OC selling the debt in the first place...none of us would be in this position.Perhaps if there were some changes in the law, an OC might just think twice before they sell this debt.I might even write the FTC about this. What do you think? Link to comment Share on other sites More sharing options...
CleverCynic Posted April 27, 2007 Report Share Posted April 27, 2007 I'm not sure I understand. Aren't most of the recourse tactics available to us provided by FDCPA? I'm still thinking I'm screwed on the OC TL's more so than the CA's, unless my understanding of what I'm reading is backwards!? Link to comment Share on other sites More sharing options...
someonesomewhere Posted April 27, 2007 Report Share Posted April 27, 2007 All depends upon the behavior of the OC and the CA. OCs are subject to FCRA. CAs are subject to FDCPA. Different rules.Probably better to write your Congresscritters--all three of 'em. And write U.S. Senator Carl Levin. He recently held hearings about CC company practices. Link to comment Share on other sites More sharing options...
CantCU Posted April 27, 2007 Author Report Share Posted April 27, 2007 What I am trying to say is to make the OC responsible for their own actions. If they sell, transfer, assign or give away a debt that is blatantly outside the SOL, they should be held accountable for their actions or the actions of the CA who is attempting to collect this debt.I am sure there are hold harmless agreements between the JDB's and the OC's. But if it was statutorily mandated that an OC can and would be held jointly and severably liable for the actions of the CA, don't you think some of this crazy collection activity would at least slow down?I've been following the thread of the 17 year old hospital debt of the 5 year old child. Any reasonable person should have known that that bill would be time barred...yet the hospital sold this debt to a CA/JDB anyway. To me...in that case, they law should be such that the hospital should be held accountable for their actions. Once the debt is sold from the OC to the JDB, it can/will be resold, resold, and resold many, many times. If the law was such that the hospital could be held responsible for creating this monster...they'd think twice before selling it.Getting off my soapbox now..... Link to comment Share on other sites More sharing options...
nascar Posted April 27, 2007 Report Share Posted April 27, 2007 What I am trying to say is to make the OC responsible for their own Any reasonable person should have known that that bill would be time barred...yet the hospital sold this debt to a CA/JDB anyway. In terms of a contractual agreement, the only important things are offer, acceptance, "meeting of the minds", and capacity. The fact that the JDB made a bad deal (spending money on an uncollectable account) doesn't mean anything. The law won't determine whether a deal is fair, only that it was conductly properly. A law barring the sale of a time-barred debt would be very helpful here. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 27, 2007 Report Share Posted April 27, 2007 Lost in this discussion is the fact that the OC got stiffed. Link to comment Share on other sites More sharing options...
gypsie Posted April 27, 2007 Report Share Posted April 27, 2007 Lost in this discussion is the fact that the OC got stiffed.way to bring out the cold harsh truth.... Link to comment Share on other sites More sharing options...
MrFurious Posted April 27, 2007 Report Share Posted April 27, 2007 A law barring the sale of a time-barred debt would be very helpful here.Agreed Link to comment Share on other sites More sharing options...
Ahntara Posted April 27, 2007 Report Share Posted April 27, 2007 "...a debt that is blatantaly outside the SOL...CA who is attempting to collect..."SOL doesn't address attempts at collection. It concerns the right to bring a lawsuit to recover money owed and methods of recovery if the suit is awarded, like attachment to real property, wage garnishment and seizure of bank accounts. Unless a state has a Statute of Repose, collection attempts may continue. SOL also has no bearing on Reporting Period, which is governed by the (federal law) FCRA.So, if the debt was never paid, it is due. The owner of the debt may chose to sell it and recover something, even pennies on the dollar, at time when they deemed it uncollectable. Things are bought and sold in business all the time, even debt.If the debt had been paid, it wouldn't have defaulted or been sold to a JDB. Consumers have the ability to halt added fees, exhorbitant interest and collection activity before it starts by paying valid debts.If the debt is not valid, or if a CA or JDB violates your rights, then go for their throat. But why get angry because they are pursuing a debt that is owed? And why tie their hands by thwarting efforts to recover money from defaulted accounts? Link to comment Share on other sites More sharing options...
MrFurious Posted April 27, 2007 Report Share Posted April 27, 2007 If the debt had been paid, it wouldn't have defaulted or been sold to a JDB. Consumers have the ability to halt added fees, exhorbitant interest and collection activity before it starts by paying valid debts.You ARE joking right?Here is my situation. CA sends me a letter. I owe on a cell phone from 1998. WTF?I use quicken so I pull up the final payment in question from way-back-when.I call the OC and ask them to look into it. They have no record or interest in the alleged debt because they wrote it off and sold it without documentation.I send copies of my payments to CA and collections continue. Now what?I think that your presumption that everyone is skipping on their debts is flawed.While I agree that there are bound to be people sliding on their legitimate debt, it is unfair to paint with a brush that broad.On this forum alone there are bunches of posts where people have actually paid CAs and had the debt resold for additional collections.I think these people deserve to be angry. Link to comment Share on other sites More sharing options...
Ahntara Posted April 27, 2007 Report Share Posted April 27, 2007 Hence my comments: "...If the debt is not valid, or if a CA or JDB violates your rights, then go for their throat..."And, no, I'm not joking. I am advocating personal responsibility in addition to holding all the credit-related industry to their responsbilities. Link to comment Share on other sites More sharing options...
MrFurious Posted April 27, 2007 Report Share Posted April 27, 2007 I agree with you.Both sides need work, however the power is weilded by the collectors...abuses are commonplace and not occasional in the least. Link to comment Share on other sites More sharing options...
CantCU Posted April 27, 2007 Author Report Share Posted April 27, 2007 Lost in this discussion is the fact that the OC got stiffed.Not necessarily so, Recovering Attorney. To me, if the OC got stiffed, why the heck did they wait until the SOL had run on a bill to try to do anything about it?Accounting errors play a large role in billing practices, especially medical billing. A doctor treats a patient...he charges in excess of the "allowable" amount by the "in network" insurance carrier so the Dr. is a part of the network, they have to write off those charges. They wait SIX years until most everyone no longer has any records, then sell off that "written off" amount to a JDB. Big difference in that and a "charge off" for non-payment. But the JDB doesn't care. If he can collect 50% of the write off amount, he's made a profit. The doctor profits too since he wasn't supposed to collect that amount in the first place. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 27, 2007 Report Share Posted April 27, 2007 There is one other thing I see as well.. and OC did not get paid or errors were made.. a JDB or cA goes in for the debt.. but by the time it gets to your door in many cases its doubled.I have one now that I am fighting on.. the original debt was around 16K.. I was making payments.. fell behind.. then made more payments as per arrangement... it was then sold.. my payment plan was null and void.. they even returned a check!... I was told I would probabably recieve a 1099C and to hang tight and I am told to wait to hear from the new owner.. the new owner turns out to be a NAF happy lawyer.. by the time they were done and did all their tap dancing (and yes I went in and tried with a lawyer to revisit my payment plan).. their response.. FORGET IT .. we are going to NAF.. now they are asking close to the tune of 29K..THERE is no way a JDB who pays pennies on the dollar who did NOT make the intitial investment should make 13K of profit on this debt... its insane. Which is why I have two amazing lawyers working on this as we speak. There needs to be a limit and to add insult to injury by the time they got around to throwing the NAF papers at me it was clearly out of the SOL.. but they are still not letting go. Link to comment Share on other sites More sharing options...
MrFurious Posted April 27, 2007 Report Share Posted April 27, 2007 ...now they are asking close to the tune of 29K...OUCH That just isn't right, and far too common from what I am reading.Good luck to you in your suit...I hope you slaughter them. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 28, 2007 Report Share Posted April 28, 2007 OUCH That just isn't right, and far too common from what I am reading.Good luck to you in your suit...I hope you slaughter them.Thanks,,, I was willing to go on with my payment plan and work out what I owed.. they wanted to run over to the world of NAF an add fees, interest.. I think I am even supposed to pay for their new parking attendants... thats when I got angry.. and frankly paying the OC is one thing.. but to fork it over to a CA or JDB who has NO initial invesetment except a few dollars.. NOT going to happen without a big fight behind me Link to comment Share on other sites More sharing options...
CleverCynic Posted April 28, 2007 Report Share Posted April 28, 2007 Actual loans like my cars I feel some remorse, but they did get them back and I can't feel responsible for the choice to auction them at a fraction of the price instead of reselling them properly... however, the old debtors banks that fooled most of us into $200 credit cards with $89 on them already and $39 annual, then paying about $70 in purchases over a year and $800 in overlimit fees, late fees from held checks, and interest before you realize you're in a no-win really doesn't bother me at ALL. Link to comment Share on other sites More sharing options...
CantCU Posted April 28, 2007 Author Report Share Posted April 28, 2007 The only CA's I have dealt with in over 7 years was for cell phone bills and an old medical bill. The medical bill was paid by insurance...the balance was a discount for "in network' that was never pursued until after the SOL had run. They knew they had nothing to collect. CA buys it from them afterwards...Dr. gets a little change in their pocket, and here I am having to fight the CA, who doesn't care that this is not collectible as it is not owed.The cell phone is another matter. I do not owe these people anything. I had a contract with them...and it indicated that the rate would remain constant as long as I had the phone...without any upcharges once the 1 year contract ended. This held true for about 9 months after the contract ended. I continued to pay my bill on time, then one day, they changed the rate plan without my knowledge or consent. I paid the "agreed" amount for about 3 more months, disputing the extra charge...until I finally got pissed and called them and cancelled the phone. No attempt to collect for 5 years. Thought it was over with. Now they say I owe them $162 and it will be a cold day in you know where before I pay them. If I had my way, first of all, the OC would be responsible...for wreaking havoc on someone by selling debt to JDB's. It also would be very fruitful if the law were changed to where the JDB can only collect the amount he paid for the debt. I'm just angry because I have to keep fighting for something I truly do not feel I owe. Link to comment Share on other sites More sharing options...
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