sharizap Posted April 7, 2008 Report Share Posted April 7, 2008 Haven't posted in a while- Hi folks! I've been using the information here and in the book, and have steadily increased our scores over the past year. The good news is that we closed on our house last week!! Woot! It was still a sub-prime program, but we got a decent fixed rate mortgage, and I'm thrilled! Thanks to all the great information here! So here's the latest problem. Last week I received a call from a person who identified herself as from the "finalization" department of an attorney's office. She left a (very smug, I might add) message saying that she had all the necessary documentation, including veification from "all qualifying employers" and that they were prepared to move forward with legal recourse. I called back to find out what they were trying to collect.It was an old HSBC/Orchard account. It was one of the first DVs I sent out, and it's been gone from my CR for months. Before it was deleted it reported as "sold or transferred" (I forget which now). I've received NO communication from this attorney's office prior to this phone call. The woman I spoke to got very defensive when I asked her questions, and said I was attacking her.(!!) I asked what her statement about "qualifying employers" was about, and which employers she had verified. (she didn't answer) She told me the DOFD was November '04, but said that a settlement payment I had authorized had bounced last August. I said I never authorized a payment and she argued with me, saying she was looking right at it- and said it was from Northwest Savings Bank. I've never had an account there, and I never authorized a payment last summer. She was supposed to have her supervisor call me back, which never happened. The other day I got another call from a different woman from the same company. She didn't mention a payment, and I was in the middle of somethihg & couldn't talk, so I asked her to mail all the details to me, which she said she would. She did say that as an attorney's office (vs CA) they were not required to prove that I owed the debt- is that right?? She also said that the reason the other woman failed to get back to me is that she had a heart attack. The SOL in PA is 4 years, so I'm guessing they are going to try to sue before it runs out. Don't attorneys have to play by the same rules as CAs? They did mention a settlement option in passing, but I want to wait till I get the info in the mail before deciding what to do. My concern is that they will neglect to send it, and just proceed with any legal actions. Don't they HAVE to contact me first, and give me 30 days to dispute? The account still isn't showing on my CRs, and I know if I make a payment it will re-age and can be reported again. That was my concern with their false claim of a "bounced" payment- but it's still not showing up. Any advice or suggestions before I get the letter from them? Link to comment Share on other sites More sharing options...
willingtocope Posted April 7, 2008 Report Share Posted April 7, 2008 Many CAs are actually run by lawyers. Hassling debtors that don't know their rights is much easier than going before a judge. And, its highly unlikely that the people who called you were lawyers.So...wait for a letter...then DV them. Stop calling. They make their living off of panicing people into doing things they don't have to. Link to comment Share on other sites More sharing options...
Magdalen77 Posted April 7, 2008 Report Share Posted April 7, 2008 Haven't posted in a while- Hi folks! I've been using the information here and in the book, and have steadily increased our scores over the past year. The good news is that we closed on our house last week!! Woot! It was still a sub-prime program, but we got a decent fixed rate mortgage, and I'm thrilled! Thanks to all the great information here! So here's the latest problem. Last week I received a call from a person who identified herself as from the "finalization" department of an attorney's office. She left a (very smug, I might add) message saying that she had all the necessary documentation, including veification from "all qualifying employers" and that they were prepared to move forward with legal recourse. I called back to find out what they were trying to collect.It was an old HSBC/Orchard account. It was one of the first DVs I sent out, and it's been gone from my CR for months. Before it was deleted it reported as "sold or transferred" (I forget which now). I've received NO communication from this attorney's office prior to this phone call. The woman I spoke to got very defensive when I asked her questions, and said I was attacking her.(!!) I asked what her statement about "qualifying employers" was about, and which employers she had verified. (she didn't answer) She told me the DOFD was November '04, but said that a settlement payment I had authorized had bounced last August. I said I never authorized a payment and she argued with me, saying she was looking right at it- and said it was from Northwest Savings Bank. I've never had an account there, and I never authorized a payment last summer. She was supposed to have her supervisor call me back, which never happened. The other day I got another call from a different woman from the same company. She didn't mention a payment, and I was in the middle of somethihg & couldn't talk, so I asked her to mail all the details to me, which she said she would. She did say that as an attorney's office (vs CA) they were not required to prove that I owed the debt- is that right?? She also said that the reason the other woman failed to get back to me is that she had a heart attack. The SOL in PA is 4 years, so I'm guessing they are going to try to sue before it runs out. Don't attorneys have to play by the same rules as CAs? They did mention a settlement option in passing, but I want to wait till I get the info in the mail before deciding what to do. My concern is that they will neglect to send it, and just proceed with any legal actions. Don't they HAVE to contact me first, and give me 30 days to dispute? The account still isn't showing on my CRs, and I know if I make a payment it will re-age and can be reported again. That was my concern with their false claim of a "bounced" payment- but it's still not showing up. Any advice or suggestions before I get the letter from them?Tell them rots o' ruck with getting money from your employers. There is no wage garnishment for credit card debt in PA.You may just want to send them a DV letter. I know it gets tenuous (based on how much debt collecting a lawyer does), but a lawyer acting as a debt collector should have to follow FDCPA. I'd be willing to bet that they aren't lawyers and chickie has no intention of filing anything. They're just trying to stampede you into making a payment. Link to comment Share on other sites More sharing options...
NASCAR_Devil Posted April 7, 2008 Report Share Posted April 7, 2008 "all the necessary documentation, including veification from "all qualifying employers" and that they were prepared to move forward with legal recourse"Talk about over shadowing. Hang on to that VMX, it may come in handy later. If you do not receive their dunning letter w/in 5 days of initial contact, be pro-active and DV. If DOFD is 11/04 you are still w/in SOL and obviously on their radar. DV and see what happens from there. Keep us posted. Link to comment Share on other sites More sharing options...
Feel violated Posted April 7, 2008 Report Share Posted April 7, 2008 Just a few comments.You were lucky you had already closed on the house. If they had gotten it on your CRA's before you closed they would had something to blackmail you with because it could have queered your mortgage. Now its a diminished threat. I agree, keep that VMX message. It could come in handy.Yes they can sue you. But bet your boots, then they will have to prove it if you contest. In short, you can control you, you can't control them. But from what you say they are saying, they don't sound very smart. Its probable, they got nothing and are just trying to shake you down using scare tactics. And coming dangerously close to violating the FDCPA in the process.I agree, they are supposed to send you something in writing within 5 days. Or cut to the chase and sue. If neither happens, shoot them a DV. And thereafter make sure its marked in dispute on your CRA's. And now is the time to see what your previous DV to the holder of the HSBC/orchard account harvested. If that one did not go back to the OC, chances are the new holder will not have better luck coming up with something that will stand up in court.I agree, don't talk to them on the phone. But if you think you are knowledgeable enough and have a phone recorder going, it might be worth the risk. I don't know off the top of my head if PA is a one party state or not, check your State laws, but you could get them in some major violations that will make them very reluctant to sue you. And maybe get them to eat the paper and remove it from your CRA's if you promise not to sue them. Link to comment Share on other sites More sharing options...
wahoo238 Posted April 7, 2008 Report Share Posted April 7, 2008 Your mortgage transaction is likely what brought them out from under their rock. Case law supports that an attornys office attempting to collect a debt is acting as a CA and is bound by FDCPA.Garrett v. Derbes, 110 F.3d 317 (5th Cir. 1997) - Attorney who during nine-month period attempts to collect debts owed by 639 different debtors "regularly" attempts to collect debts owed another, and thus is "debt collector" under Fair Debt Collection Practices Act, even though debt collection services may have been only a small fraction of his total business activity Link to comment Share on other sites More sharing options...
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