Need Help With C&D Letter

[nankatfog]

Hi,

I'm new here and I'm REALLY GLAD I found this forum! So much information. But here's my question. I have C.A calling about a CC. I don't answer the phone. And thank God I don't after reading this site. They would call and leave a message for my Husband (this is a CC that he had before we got married and my name is no where on this account). Now they call my Sister-In-Law. Just the other day they called and left a message saying, "This message is for my Husband or me. If this is not you please no longer listen to this message and hang up." Then the man goes on to say our business on the message. I can't see how that is right. And how the hell did they get my name when I'm not even on the account?

Anyway, I am going to start negotiating with them through the mail. But first I have to get these knuckleheads to stop calling. Most C&D letters I have read say that they will not work with the C.A. But a lot a people are saying that the OC won't work with them after it has gone to a CA. Should I send a C&D to the CA? I don't want any further phone communications with them only through the mail. How would I word this? I don't want them to find any loop holes and keep calling.

Any help would be greatly appreciated

[hiblues]

I have a few questions?

Are you in Cali? if so that could be an advantage.

How old is it?

Is it still within your States SOL?

Is this a new CA or an old CA taking another stab at collecting?

If new CA, when did they first contact you?

Have you gotten a letter?

Obviously you want it deleted from your DH CR, right?

Also, do you want to pay it, can you pay it?

DH = Dear Husband

[nascar]

First, you should make sure you know how old the debt is and whether it is on your credit report, and who is the current owner of the account. A C&D on a fairly new debt can sometimes lead to a lawsuit, since the creditor or JDB has no other options.

Assuming you're OK with all that, a C&D does not need to be a lengthy dissertation. Simply state that you are instructing the collector to cease communication with you regarding the debt.

[nankatfog]

So with all that

I have a few questions?

Are you in Cali? if so that could be an advantage.

How old is it?

Is it still within your States SOL?

Is this a new CA or an old CA taking another stab at collecting?

If new CA, when did they first contact you?

Have you gotten a letter?

Obviously you want it deleted from your DH CR, right?

Also, do you want to pay it, can you pay it?

DH = Dear Husband

Yes I'm in Calif. The SOL in Ca is 4 Years. So yes it's still in the SOL limits.

Here's what it says from my DH CR:

Charge Off as of Apr 2007

150 days as of Mar 2007

120 days as of Feb 2007

90 days as of Jan 2007

60 days as of Dec 2006

I believe it's that same collector. This was a Citi card and now URS is calling. They started a couple months ago then stopped. Now they are back at it.

I got a letter but it was a while ago. But being stupid, scared and not knowing what to do. I disregarded it.

Yes I want to get rid of this debt and want to pay it. The original debt was for $2550 but now it's up to $3137. URS sent a settlement offer of $2264.99 in 3 payments of $755.00. But I just don't have that kind of money to fork out every month. If they would lengthen the payments to make the payments smaller that would be great. But will they do that?

Here's my situation. My DH and I bought a hom in late 2003. Because we didn't have a ton of $ to put down we got an 80/20 loan. Which the 1st. was fixed for 2 years. Then it went variable. So right before the 2 years was up we refid. My DH decided he wanted to pay the car off though the refi which we owed $15k. The loan agent and I told him that that was a bad idea and he should do the credit cards. Mind you my our car would have been paid off by now . But my DH is very stubborn. Then he wanted to take out $10k for the house. With that said we refid for $40k more than our original loan. Ok so now my house payment went up a little over $300 more a month. But that was ok. It save us a little bit of $ every month not having a car payment. But then the CC payments went up. Which all of our together went up over $500 a month. Then my DH decided he needed a new used car. I wasn't very happy about that but his old car had over 400k miles on it and he drives almost 700 miles a week to work and back. I did get him to go cheap. And with the price of gas in calif. a small compact car.

So with that said we are now paying over $700 a month more than were when we 1st. refid. I was trying to pay everything but it just got so crazy. Then everything (food, gas....) went up. So it just was easier to pay less than minimum then not pay at all. Well now the CAs are calling

I called FreedomDebt.com but they wante over $900 a month for 2 years. Can't do that. And after reading here I didn't realize they charged so much. You know they don't tell you the specifics when you call.

Then a CA called my DH at work. He freaked and over reacted. They wanted to settle a $14k debt (which wa originally $11k) for $10k then they went to $9k. He told them if he had that kind of $ he wouldn't have any debt. So he ended up paying them 3 payments. But what I freaked on was he gave them his checking account # and check #'s over the phone. I read that was a BIG no no. So far they haven't ried to take anything else out just what was agreed upon. But I'll have to wait and see. This month is the last payment. Then I'll have to figure something out with them. Actually all 5 of CC that went to CA.

Sorry for the long drawn out drama story but I just wanted our situation to be clear.

[LadynRed]

My DH and I bought a hom in late 2003

That's how they got YOUR name.

When did the debt FIRST go delinquent and when was it REALLY charged-off ? Are you sure it was BEFORE you were married ?

[nankatfog]

First, you should make sure you know how old the debt is and whether it is on your credit report, and who is the current owner of the account. A C&D on a fairly new debt can sometimes lead to a lawsuit, since the creditor or JDB has no other options.

Assuming you're OK with all that, a C&D does not need to be a lengthy dissertation. Simply state that you are instructing the collector to cease communication with you regarding the debt.

This is on My DH credit report. I don't know who the current owner of the debt is. It was originally with Citi but URS (the CA) calls. In my DH credit report it just says charge off for the CC. But is shows that URS (the CA) has pulled is report on 1/2/07, 4/27/07 & 5/4/07. Then it also show NFS (a CA that just started calling this past week) pulled his credit on 5/04/07. I don't know who the OC is. It could be Citi (since I had 3 of their cards), B of A or Direct Merchant (but they are the ones that called my DH at work and he is making payments with them).

You replied that a C&d can lead to a lawsuit since they have no other options. I just want the phone calls to stop. I would rather have correspondence with them by mail. Will they still sue?

[nankatfog]

That's how they got YOUR name.

When did the debt FIRST go delinquent and when was it REALLY charged-off ? Are you sure it was BEFORE you were married ?

My name isn't on anything. Because of my past divorce and my Ex Husband I don't think I need to say anything more . I think you get the pic.

Here's what it says from my DH CR:

Charge Off as of Apr 2007

150 days as of Mar 2007

120 days as of Feb 2007

90 days as of Jan 2007

60 days as of Dec 2006

He had the CC before we got married but went delinquent last year,