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New & Confused??


KelBabe
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I will begin by apoligizing for the long discription of this.

First, Recieved phone call from Daniel Burak, Esq. (who I posted info on)asking for me or my husband, gave LH info on debt that he's ratained by ca, (whom I've never recieved anything) Says oc is Citi, I spend 5 hrs by phone to find out I was only au, not responsible! Nothing on cr either. Got letter 2 days ago, with current creditor as Pinnacle CS, oa#, AD. Got another call today, very agressive, rude, calling me a "professional debtor"! saying my lh agreed to pay $xxxx. said to put him on line, did. They hung up.

I'm sending C&D, requested dv, said it's in the mail. Also, I was not married to same person then. By phone said cc open 7/95, and last pmt 6/02. They told me sol not up in Louisiana, and it's not. But nothing of this is on my CR! Should I even worry? Do you need more onfo to help? They said they would continue to call. Got recorder hooked up now! And if I'm not doing any of this right, sorry, still learning.

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Hey there KelBabe, I think I had answered another of your posts about this guy who's calling ya. I think most everyone on this site will tell you not to talk to these guys, you won't get anywhere with them. Like you said, very rude, agressive, etc. They don't care about fixing anything, they want $$$ anyway they can. So don't spend another 5 hours on the phone with them. By all means, if they call and you happen to answer, hook up the recorder to get some violations.

BTW, what does "lh" mean? I thought late husband maybe, but you said you put him on the phone. Send your DV CMRRR. Wait for their response. In the meantime, the calls should stop until they've verified. One thing I've read and maybe someone with more experience can chime in, be careful on the C&D's with debt still in SOL. If you C&D, you are telling them not to contact you in any way, so the only way they can is to sue you. Maybe others have different thoughts but that's how I've understood it. Plus the DV will serve as a "temporary C&D" b/c they can't continue collection efforts until they've validated.

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I'm sorry, I spent 5 hrs with Citi they saying I'm not primary card holder of any acct. My thing is the orig. debt started w/X. But I don't think I should be as concerned since it's never been reported to cra and don't appear on my cr. So I should just send the dv, instead of c&d. One call from them said I would be getting served, yet they called me 2day? The c&d limits contact by mail only - that acceptable? Can the Atty and creditor be the same company?

Oh, husband they say made agreement is current and not the X. Thank you so much for your help!

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When you send the DV also state that you do not accept phone calls at home or work, and if they do call, they will be recorded. Let them know

all communication must be by mail. Never send them anything that isn't CMMR. You don't want to send C&D....Trouble is correct.

AU...be sure to tell them you don't believe you owe the debt, and that they

must give you proof that it is yours, etc etc etc.

Good luck.

Z

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I can try that, thanks. This is consuming all of my days trying to learn all of my rights and what to do! I've worked hard for the past 8 yrs trying to repair my credit following a dv and trying to get oc off my back bcause of my x. the one good thing Igot out of this, I found a 3 medicals in collection on my cr, so now trying to dispute w/cra. If you can call that a "good thing", at least I know & can get to work on it.

Any other info would be greatly appriciated!

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"...I was only au, not responsible..."

An authorized user has no liability.

"...c&d limits contact by mail only - that acceptable?.."

Cease & Desist all contact means to CEASE and Desist ALL contact, even by mail. That's why there is no such thing as a limited C&D. If the debt is within SOL, C&D leaves them two choices only: sue you or give up all hope on this debt. It's recommended to stay far away from C&D type verbage on debts within SOL.

You may have a hard time now telling them it's inconvenient to contact you by phone, but I'm sure you'll think of something.

"...original debt started w/X..."

This is immaterial. IF you had liability on this account, you would still be liable. That doesn't terminate with divorce.

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You were AU.... your ex- was the one liable. They probably couldn't find the ex- so they are going to try to bully you. GET A STATEMENT in WRITING from the OC that you were only AU on that account. THEN send the ol FOAD letter.

How do you tell a CA is lying....their mouth is moving! I have had CAs threaten lawsuits (not one has ever filed one). I have had them tell my that they would be at my then-H's place of business the next day to have him arrested if I didn't pay the debt in full today, over the phone. (Yeah, right!) Of course that is not legal and that never happened.

Once I realize that: (1) I am not contractually liable for a debt, or (2) it is out of statute, or (3) it is not mine (similar name - different social, etc).... I send them the FOAD. I never hear from them again.

Oh, yeah, if it is SOL, they CAN still report a debt that you are the obligor for the full 7 years, but the FOAD stops the collections. I then dispute every 6 months until it is gone.

Relax....they are blowing smoke.

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