Pipefitter20

Newbie: Are they telling the truth at all???

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Got a call from a CA yesterday from Pioneer Credit Recovery about a sears card debt. She first talked to my wife and said that they will take her car and clear her bank accounts as well as mine if the debt wasnt paid. She also verified our address, as well as the number of kids we have. She was going bonkers after that. Just wondering how long it I have to negotiate with them for a settlement or a some repayment plan. Please help. Thanks....dan

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Got a call from a CA yesterday from Pioneer Credit Recovery about a sears card debt. She first talked to my wife and said that they will take her car and clear her bank accounts as well as mine if the debt wasnt paid. She also verified our address, as well as the number of kids we have. She was going bonkers after that. Just wondering how long it I have to negotiate with them for a settlement or a some repayment plan. Please help. Thanks....dan

No they are just trying to pressure you...they are not supposed to make threats... read the threads about debt collectors and it will clear your mind... and give you the weapons you need to battle those scum

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Got a call from a CA yesterday from Pioneer Credit Recovery about a sears card debt. She first talked to my wife and said that they will take her car and clear her bank accounts as well as mine if the debt wasnt paid. She also verified our address, as well as the number of kids we have. She was going bonkers after that. Just wondering how long it I have to negotiate with them for a settlement or a some repayment plan. Please help. Thanks....dan

Welcome to the boards Pipefitter20! First of all don't panic! CA's make their living by generating fear of the things you described. This causes most people to just open up their wallets and bank accounts to these "people". Take a deep breath and relax. There are so many things that have to happen before a collector can "take" anything away from you. The most important thing is to Stay Off The Phone with them.

There are links at the top of the page to the FDCPA and FCRA. Spend some time reading the FDCPA and learn your rights under federal law. Also, at the beginning of each forum there are "stickie" posts that can help you understand the process you have to go thru. Read the stickies in the Collection, Credit Repair and Bureaus sections. Have you pulled your free credit reports from the big 3? If not: www.annualcreditreport.com

A little more info on this account will allow us to give you better advice. Once you pull your reports, post (editing personal info) the particulars on how this debt is reporting. Are both the OC (Sears) and the CA (Collector) reporting? When was the last time that you paid current on the account. Once you post that then we will have a better idea on how to advise you.

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I agree with ND. STAY OFF THE PHONE WITH THEM!!! Keep all communication in WRITING!

Actually, in this case....start recording their phone calls...if they want to make threats like that and violate the law....why not let them?

Recordings make great ammo for future court cases.

Just dont ever admit to anything....have a little fun with them to get them riled up and possibly get more violations.

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Actually, in this case....start recording their phone calls...if they want to make threats like that and violate the law....why not let them?

Recordings make great ammo for future court cases.

Just dont ever admit to anything....have a little fun with them to get them riled up and possibly get more violations.

Sue them and they cave in like a house of cards. I am awaiting a check from them for a FDCPA violation they committed when collecting for the IRS!!!!

Record the violations, and file suit.

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Hey all. I was just wondering if I should wait for a letter in the mail to act. I have read that I shouldn't accept phone calls. The woman said that a letter will be in the mail with all of the info on it. Also, should I contact the OC to determine who owns the debt and to try to work something out????

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Hey all. I was just wondering if I should wait for a letter in the mail to act. I have read that I shouldn't accept phone calls. The woman said that a letter will be in the mail with all of the info on it. Also, should I contact the OC to determine who owns the debt and to try to work something out????

I'd give it a week or so. If you don't receive their dunning letter then DV them. Does Sears still own the account? How is it reporting on your CR's?

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I agree with ND. STAY OFF THE PHONE WITH THEM!!! Keep all communication in WRITING!

This is most important.

We had an abusive collector calling us every day a few years ago... my husband got angry and yelled at him... loudly. The guy said he could ruin my husbands credit because he had is social security number... well he did, and here's how.

It was a Providian credit card and 'someone' within Providian retroactively changed 19 months of payment history on this account to reflect

4 - 30 day lates

3 - 60 day lates

21 - 90 day lates

(thats 30 months total) on an account that was opened 16 months before. (to date I still don't understand why CRA's don't have some kind of error checking on stuff like this).

Don't worry there is a happy ending. After awarding myself a PhD in Credit Report Archeology I put together the case against them with the monthly CR's I had pulled showing the mischief. I wrote their corporate lawyer and she immediately had it completely deleted from all three credit reports within 24 hours.

My best advice...

Set up a system to do everything in writing. You and your wife need to coach each other on how to handle the calls, don't let them get under your skin.

Record every phone call, if you are a one-party state you don't have to tell them, if you are a two-party state you have to tell them.

If you do happen to be a one-party state... entertain the phone call without telling them you are recording and get them to repeat these threats. (We got our set up from Radio Shack for about $50).

I'm particularly disturbed that she asked about your children at all, my guess is a judge would be too if it had to go to court. Abusive calls like this are a clear violation of the Fair Debt Collections Practices Act.

From the sounds of it this was a highly abusive call, if you can get another one on tape and have the wherewithal to file a court case you could theoretically have the debt erased altogether. I didn't have to take it that far, and I hope you don't either.

There is a lot of good advice on these forums about documenting violations and using them as leverage to settle the debt or have it deleted altogether. Take it one step at a time and don't forget to enjoy life a little, try to deal with it on a technical vs. emotional level.

P.S. we got the deletion a year ago and at the time this was the only 'baddie' and it had his FICO at 535.

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Sounds like Sears still owns it. Contact them and see if you can work something out directly. Inform them of the abusive debt collection practices from their debt collector. OC's can be help responsible for the actions of a CA. Tell them it is your personal policy not to deal with 3rd party collection agencies.

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Thanks. I'll try to handle it with Sears. I'm looking to try a long term solution for this problem around 48 or 60 mos. When they set me up with a payment program, there is never a problem paying. Once the program is over and the CRAZY interest hits. I can no longer pay the payments. What are my chances of having Sears agree to one? I owe between 6 and 8K.

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Sears had us on chargeoff for $10 that got billed AFTER we had paid it off, (we didn't find it for a year) they ended up deleting within one letter from us.

If you can get them to violate FCRA or FDCPA you might likely get them to delete too, they didn't fight us when they violated (never once sent any correspondence indicating a balance due, and we'd been at the same address for 7 years).

It was the easiest deletion I ever got. The next one gave me gray hairs :|

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Thanks. I'll try to handle it with Sears. I'm looking to try a long term solution for this problem around 48 or 60 mos. When they set me up with a payment program, there is never a problem paying. Once the program is over and the CRAZY interest hits. I can no longer pay the payments. What are my chances of having Sears agree to one? I owe between 6 and 8K.

When my Sears account fell behind they wanted enough of a payment to bring the account current and then monthly payments on time. Their in-house collection department was actually pleasant to deal with.

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I talked with the OC and thier collections dept. said to deal with CA which is Pioneer Credit Recovery. So I talked to the woman for the 2nd time and she said file is in Pre-Litigation and I needed to come up with a solution within a week or so which happens to be around 30 days since Dunning Letter. OC told me that once she releases file with recommendation, "should only take 8 days or so for attorney to settle with judge for garnishment,(25% of gross in illinois) lein, or clearing accts." I told her I didnt have the money right now and she told me to get a loan and gave me a number saying if I didnt call that I wasnt seeking a solution to prob. Then she gave me an a down payment that will hold the acct. until other payment arrangements are made. Told me that I have no say if the litigation happens and no letter from County Courts. They just decide without me. How fast is this gonna happen?

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Sounds pretty draconian to me, even for Ill. Surprised this collector is even bothering with court.

You want this thing to go to Court. You want to litigate. You want a court decision. From your post, its the only way these characters will be reasonable and play by the rules.

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I talked with the OC and thier collections dept. said to deal with CA which is Pioneer Credit Recovery. So I talked to the woman for the 2nd time and she said file is in Pre-Litigation and I needed to come up with a solution within a week or so which happens to be around 30 days since Dunning Letter. OC told me that once she releases file with recommendation, "should only take 8 days or so for attorney to settle with judge for garnishment,(25% of gross in illinois) lein, or clearing accts." I told her I didnt have the money right now and she told me to get a loan and gave me a number saying if I didnt call that I wasnt seeking a solution to prob. Then she gave me an a down payment that will hold the acct. until other payment arrangements are made. Told me that I have no say if the litigation happens and no letter from County Courts. They just decide without me. How fast is this gonna happen?

Did you record this?

Have you received anything from the court?

I honestly can't answer this, but someone will I'm sure. But this sure sounds like a prime example of "scare tactics"

.

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They can't freeze accounts or garnish your wages without a court order and judgment. They can't get a judgment without a trial or hearing. They can't get a trial or hearing without serving you with a summons giving you ample opportunity (20 to 30 days) to respond and prepare.

Also, a collection agency can't sue you if they are collecting for someone else. Only the owner of the debt can file a claim. If you were privy to their records, I'm sure you'll find that every single file they have is in "pre-litigation".

Stay off the phone with these Bozos. Have you gotten anything in writing from them? As soon as you do, send out your DV. Again, a collection agency collecting for someone else has NO power to do ANYTHING to you except call and harrass you. They will do just that as long as you let them.

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Thanks Gator. The debt is no doubt mine. I intend to pay it back but cannot do it at their unreasonable requests. My Dunning letter was dated 4/8/08. Should I still DV? I just want to be set up on a permanent payment plan to get rid of this once and for all! Debt between 6 and 8K. What is the best way to get to a payment plan?????

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I honestly can't answer this, but someone will I'm sure. But this sure sounds like a prime example of "scare tactics"

Uh. It is. Making threats is not illegal unless the nature of the threat is prohibited. For example, a CA cannot make a threat to have you arrested. But, they can threaten to sue or any other action that is legal.

I just want to be set up on a permanent payment plan to get rid of this once and for all! Debt between 6 and 8K. What is the best way to get to a payment plan?????

You can ask for a payment plan. You cannot make them give you one. Once a debt is in default, the creditor has the right to demand payment in full immediately. Anything less is the result of a negotiation.

I have posted several times on recommendations for negotiating -- read this thread: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?p=891542#post891542

Now, I think to this point they are pulling your chain. As Gator said, they cannot do anything until after a summons has been served and the judge has awarded a judgment. Assuming you did not leave out part of the story, the business about "settle with the judge for garnishment is bs".

It is the nature of a collector to create a sense of urgency in your mind. They want you to move off the dime now. They will say things to intimidate. Intimidation in itself is not illegal. But, in my opinion, what this collector said to you is illegal. However, that is nothing more than an interesting sidebar since you have no way to prove the violation.

I have zero tolerance for a collector who crosses the line.

Personally, I would go get a tape recorder and tape all my conversations with this person. If they make more violative comments, you can use that as leverage to even the playing field for a negotiation.

Make sense?

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Thanks! I will be looking for a recorder today. I dont have a lump of cash so a payment plan is prob my only option. I will study your post you linked me to and use that method. The things she was saying didnt even agree with illinois law. I checked it out. Said 25% of gross for garnishment but only allowed 15%. Have a good one!

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