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Set up payments with CA without enough info - How bad have I messed up?


LostandConfused
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I’m afraid I’ve really messed up now. This is on a credit card that I have not had the $ to pay for probably 6 months or so. (Yeah, I’m looking for records…) Dec. 18th I got a regular statement from the credit card company, of course asking for more $ than I am likely to have anytime soon. Dec. 31st I got a call from the collection agency, something like this: blah, blah – gonna take you to court – gonna take everything you own – have your SS#, and your husbands SS# - know you owe ___$ on your car, house etc. and have found a way to pay them – blah, blah – find a way to pay us too. ETC. Basically scared me to death. I’d done zero research at that time, but I knew I needed more info from them. I have not received anything in writing from them or the original creditor saying who owns this debt. I asked them how was I supposed to know that if I gave them my $ it would go onto the bill in question. I was told promptly that it was not THEIR integrity that was in question. I told them that until they could show me in writing that they owned the debt that I couldn’t pay anything. Umm, then I kinda hung up on them – guess that won’t sound so good if it was recorded…

So then I did some quick research, found the debt validation letter on here, and sent them that. Well, yesterday (1-2-08)they called again – even scarier, and bottom line, I buckled under the pressure – gave them my account info. With payments scheduled to come out starting at the end of this month and for the next 6 months. OMG what have I done! I do want to pay back my debt, but I really don’t know if I’ll have the $ to follow through with what I promised today. Plus, now I know I should have just ignored the phone calls and waited for the validation so that I know that the $ will go to my actual debt….. I did ask them to send me something in writing to state the arrangements we’d made, and was told that would be a “contract, and we don’t do contracts.” Shouldn’t they have to send me something? Thanks for an informative site. Any and all advice will be appreciated!

Lost and Confused

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Welcome...

And,first thing in the morning, go close that account...you cannot trust a CA to only take the money you agreed to over the phone.

When they call again, don't talk to them. If you've got money to work with, call the OC and ask for their hardship department. See what you can work out with them.

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Why so nasty so soon?

OK, so close the account. Do I need to contact the CA and tell them that they won't be able to make those debits or just let them figure it out for themselves?

Just DV them and pretend the call never took place. Don't call them.

But yeah, close the account asap.

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Like the other posters said...close that bank account NOW if you haven't already.

I made the mistake of given a CA my account number and we had a verbal agreement for them to w/d $400.00 per month. They did that for one time, and then they started yanking over $1000.00 per month out of the account without any permission or authorization.

You don't need to call them or anything. Just close the account and send the d/v letter. They'll figure it out.

After I closed my account, I got a nasty call from someone from the CA who claimed to be part of the return check department and was very nasty and threatening. I told them to send me an agreement in writing and I would more than happily send payment by certified check or money order and they told me they don't accept those or send written agreements and that I was refusing to pay. I really wasn't refusing to pay, they just wouldn't accept any form of payment from me other than my account #.

That was 4 months ago..haven't heard from them since.

Don't be dumb like I was and let them draw money out for 5-6 months...just close it now and save yourself the hassle I went through.

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Why so nasty so soon?

OK, so close the account. Do I need to contact the CA and tell them that they won't be able to make those debits or just let them figure it out for themselves?

Off to read more about talking to creditors....

Thanks

I'm sorry...wasn't trying to be nasty, and I appologize if it came across that way. Just trying to be emphatic...close the account.

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  • 2 weeks later...

I tried talking to the OC -WAMU. Of course all I got from them is that it has been sold. So I guess I'm stuck trying to work with the CA.

First question: I have 2 other cards that are nearing 6 months past due also. They are still with the OC - I called to check and talked to a really nice person there. I will have a little extra $ coming in next month, and I'm planning to use it to try to start paying down these cards. Of course it will be nowhere near what any of them are asking for a down payment, but I'm gonna try to work it out with one of them. Would you start with one that was still with the OC, or should I start with the one at the CA?

Second Question:When DH and I open another checking account, should he be the only one on it to sign checks?

Third Question: We have a business checking account. DH is primary and I am a signer on it.... I'm thinking since the business is in his name and a sole proprietorship, I should close it out and open another just in his name. Any thoughts on that?

Thanks so much for this site! My sanity would be shot without it right now!

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Forgot to say that the CA sent what they are calling validation.

Page one says, Dear me, this account has been placed with Resurgent Capital Services, LP (collection agency calling me says they are Central Credit Serv.?) Please see enclosed validation letter...blah, blah, blah....

Page two: "Validation of Debt, Jan. 15, 2008, my name, my acct. #" , "...acquired from WAMU is now owned by LVNV Funding LLC" (so here's another agency! How confusing is this?) Amount owed. That's it. Should I respond to this asking for more info?

Also, their final page was a privacy notice, which reminded me.... The first time they called, my husband answered and they told him ALL the details of this account that is solely in MY name. That's gotta be illegal somehow isn't it?

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Forgot to say that the CA sent what they are calling validation.

Page one says, Dear me, this account has been placed with Resurgent Capital Services, LP (collection agency calling me says they are Central Credit Serv.?) Please see enclosed validation letter...blah, blah, blah....

Page two: "Validation of Debt, Jan. 15, 2008, my name, my acct. #" , "...acquired from WAMU is now owned by LVNV Funding LLC" (so here's another agency! How confusing is this?) Amount owed. That's it. Should I respond to this asking for more info?

Also, their final page was a privacy notice, which reminded me.... The first time they called, my husband answered and they told him ALL the details of this account that is solely in MY name. That's gotta be illegal somehow isn't it?

For more info on LVNV go to:

www.budhibbs.com

Also, read this thread here:

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=279246

You'll want to DV LVNV but in your letter you need to specifically mention any affiliate or subsidiary of Resurgent, LVNV, Sherman Acquisitions....etc. Since you are still w/in SOL you need to do this ASAP as they can and will file against you.

Talking to your husband is not a violation as he would be an authorized 3rd party. The validation they sent you conforms to the letter of the law but you can always dispute it and demand more info. They don't have to provide it though. NOt sure if AR has any state statutes that you can rely on to back you up.

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You need to sort out exactly what you're dealinhg with.

You said the OC was WAMU...and they say they sold it. CAs don't buy debts. Junk debt buyers (JDB) buy debts, and then contract with CAs to do the hassling.

It sounds like LVNV now owns it...and they've contracted with one or two CAs to hassle you.

Now...if it were me...I would never willingly pay a JDB anything, let alone the CAs working for them. They paid pennies on the dollar for your name on some list. Sending them money will do nothing to improve your credit...it will not get applied to the original bill...and, if you send money to the CA, you have no way of knowing if it will even get to the current owner (LVNV).

Each state has different rules that a JDB must follow in trying to collect a purchased debt. You might want to research how they're handled in your state.

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  • 4 weeks later...

CLOSE the acct quickly, i made that mistake years ago, and they just started taking money, when they wanted to, bcz i had given them my pay days. They are not your friends, now they can call til they turn blue in the face. I dont answer calls from them at all. I just delete the voice mail messages.

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