AIS Services Making Illegal Threats

[gordonfan]

Hi All,

This is my first post Hi from NC

edited to remove personal info

[LoveToGod]

~~~ Original Post Removed from Quote ~~~

Since they never sent you a collection notice, they may or may not be legally obligated to respond.

Did you dispute it the the credit reporting agencies? If you did then you can use the letter at the top of this link.

It says dispute with original creditors. It will tell you do dispute with the CRA first. If you click the link there is plenty of background information there to read that explains the use of the letter.

Even if the CA is not an original creditor, they are a data furnisher (DF). Therefore, the FCRA section 623 does apply to them, and they must respond to that.

The reason for disputing the CRA first is that if the creditor does not respond you will not have grounds to sue them unless you disputed with the CRA first.

And for you nayers out there this information is in that link so read before you complain.

[TTigggers]

Send them the DV and get the agreement in writing.

Make sure they state all of their terms in there and read it over closely before agreeing to it.

IMHO If they refuse to put the agreement in writing tell them there is no deal and you will not pay them another dime.

[gordonfan]

So tell me if this is the correct order.

Send dispute letter to 3 credit bureaus

wait 30 days

send letter to original creditor asking them to verify the debt (HSBC)

wait 30 days

send debt validation to CA

[LoveToGod]

So tell me if this is the correct order.

Send dispute letter to 3 credit bureaus

wait 30 days

send letter to original creditor asking them to verify the debt

wait 30 days

send debt validation to CA

I'm not sure why I have to send a letter to the 3 CB's first because I am not denying that I owe the money, I am just trying to get the CA to drop the interest/late fees and reduce the interest to the amount that is legal in my state.

Thank you guys for all the help. I am at a total lost here as to what to do.

The order you have is correct.

You would dispute with the CB's first so that you will have grounds to sue the creditor if they don't respond to your investigation letter.

If you sent the investiage letter before disputing with the CBs, then you can't sue the creditor on the basis of not responding to your investigation letter.

If you are not trying to get the accounts off your credit than you are looking at a different matter. Basically you want to settle with CAs, right?

The bottom line is to do everything in writing.

[gordonfan]

edited to remove personal info

[LoveToGod]

Well, in a perfect world I would be able to get them on a technicality and not have to pay the $ back. But, in the real world, we do owe the money.

Have I screwed up by making payments on the account? Will that void my DV when I send it? They claim to have sent me 5 letters which I have not received.

I don't want to sue anyone if I don't have to. It's not worth it to me to take the time off work and have to hire an attorney to only be awarded $1,000.

In Texas we can DV at any time. If you DV they might point out that you have been making payments. If you have been making payments recently it might be hard to get off with a DV.

What is the statute of limitations on that kind of debt in your state and how old is this debt?

If you had not paid anything for a year or so they might have archived the records or done something with them. I suspect that DV won't be affective here

Once you dispute with the CBs, you can trying the letter to the creditors at the link on top.

I think your case will be difficult because of the recent payments.

You can send them a cease and desist letter for them to stop harassing you, and if they keep contacting you, then it is a violation every time they contact you after that.

[LoveToGod]

Well, in a perfect world I would be able to get them on a technicality and not have to pay the $ back. But, in the real world, we do owe the money.

Have I screwed up by making payments on the account? Will that void my DV when I send it? They claim to have sent me 5 letters which I have not received.

I don't want to sue anyone if I don't have to. It's not worth it to me to take the time off work and have to hire an attorney to only be awarded $1,000.

In Texas we can DV at any time. If you DV they might point out that you have been making payments. If you have been making payments recently it might be hard to get off with a DV.

What is the statute of limitations on that kind of debt in your state and how old is this debt?

If you had not paid anything for a year or so they might have archived the records or done something with them. I suspect that DV won't be affective here

Once you dispute with the CBs, you can trying the letter to the creditors at the link on top.

I think your case will be difficult because of the recent payments.

You can send them a cease and desist letter for them to stop harassing you, and if they keep contacting you, then it is a violation every time they contact you after that.

How old is the debt? Also, what is the statute of limitations on this debt in your state?

[gordonfan]

The debt is less than a year old. I forgot what the SOL is in NC.

[LoveToGod]

The debt is less than a year old. I forgot what the SOL is in NC.

Have you tried calling and talking to them and is it legal to take record in your state? You could tape record the conversations for proof, and ask them to send anything they agree to in writing.

[TTigggers]

You can send them a cease and desist letter for them to stop harassing you, and if they keep contacting you, then it is a violation every time they contact you after that.

QUOTE]

Joseph, you need to watch what you advise people to do actions like this will result in being sued.

Please everybody think before sending a cease and desist If your Debt is within the SOL you will most likely be sued. This would be the only option the CA would have left. A cease and desist order is nothing to play around with unless you know the full consequences.

To the OP:

Yes dispute with the CRA's

Send a DV you are asking for Validation not an Investigation. In your DV state that all calls to and from your home are recorded.

Wait a couple of days and dispute with the CRA's again.

If the CA fails to respond to your DV after 30-60 days send them an ITS that states what your state law says as far as interest goes.

[LoveToGod]

You can send them a cease and desist letter for them to stop harassing you, and if they keep contacting you, then it is a violation every time they contact you after that.

Joseph, you need to watch what you advise people to do actions like this will result in being sued.

Please everybody think before sending a cease and desist If your Debt is within the SOL you will most likely be sued. This would be the only option the CA would have left. A cease and desist order is nothing to play around with unless you know the full consequences.

To the OP: TTigggers is RIGHT. You have a large debt, and there is a good possibility that the CA would sue over that. My debts were small and a waste of the time for the CAs to sue, but when its $12,000 you do need to be careful. My Bad...

To the OP:

Yes dispute with the CRA's

Send a DV you are asking for Validation not an Investigation. In your DV state that all calls to and from your home are recorded.

Wait a couple of days and dispute with the CRA's again.

If the CA fails to respond to your DV after 30-60 days send them an ITS that states what your state law says as far as interest goes.

You mean here DV to the CA not to the CRA, right? It should be a straight investigation letter to the CRA, because CRAs don't handle DVs.

[TTigggers]

This is what the verbage equals in respect to the credit process.

Verify, Dispute= CRA's

Validate= CA's

Investigate=OC

Yes, I do mean to send the CA a DV

[LoveToGod]

This is what the verbage equals in respect to the credit process.

Verify, Dispute= CRA's

Validate= CA's

Investigate=OC

Yes, I do mean to send the CA a DV

Exactly.

[zfire]

Another thought.

Why aren't these collection thugs offering to settle for a lesser amount? Maybe a lawyer would be in order, cause 12k is a chunk of change.

[smokhound774]

The SOL is 3 years in NC . With a debt that large you may want to talk to a NACA attorney about it . You do not want a judgment against you . They can force you to their terms then or start seizing assets . My judgment was only $1300 and the law office executed the judgment I had to agree to their payment arrangements or they started seizing my stuff to pay it . They send men with guns to get your stuff too . Don't play around with this my friend .

[gordonfan]

There is nothing for them to take. We rent our home and both cars are not paid for. We own nothing but the stuff in our house. Would they take that?

They did offer to settle for $9k if we paid in one lump sum. It might as well have been 9 million cause I don't have that kind of $.

[gordonfan]

What happens if I find out that AIS is not licensed to collect in NC? I'm having trouble finding a site to verify whether they are licensed or not.

Also, if it is only legal for them to charge me 8% interest in NC, can they charge me 10%? Which state determines the interest, the state the CA is in or the state I am in?

[Magdalen77]

The SOL is 3 years in NC . With a debt that large you may want to talk to a NACA attorney about it . You do not want a judgment against you . They can force you to their terms then or start seizing assets . My judgment was only $1300 and the law office executed the judgment I had to agree to their payment arrangements or they started seizing my stuff to pay it . They send men with guns to get your stuff too . Don't play around with this my friend .

If this is what was let over after a repo (and that's what the OP said in the beginning), then the UCC (Uniform Commercial Code) probably applies so the actual SOL is 4 years from the date the repo'ed car was sold. Most states do use the UCC for repos and other debt that have actual collateral. The OP needs to find out if that is the case in NC. At least that why he'd know what he was up against. It might be worth it to get a consultation with a NCA attorney who specializes in repos.

[LoveToGod]

There is nothing for them to take. We rent our home and both cars are not paid for. We own nothing but the stuff in our house. Would they take that?

They did offer to settle for $9k if we paid in one lump sum. It might as well have been 9 million cause I don't have that kind of $.

That would make your safe, but what about wage garnishment? Creditor can't garnish in Texas, but the government can.

[gordonfan]

In NC the only one who can garnish your wages is the government. They have threatened to garnish mine and hubby's wages but they can't.

[gordonfan]

It might be worth it to get a consultation with a NCA attorney who specializes in repos.

How would I go about doing that?

I'm sorry to be so ignorant about all of this. I'm stressed to the max (to the point of having panic attacks) about all of this. I am not trying to get out of my obligation of the debt but I will NEVER pay if off if only $3 of my $100 monthly payment is going towards the actual debt.

[Magdalen77]

In NC the only one who can garnish your wages is the government. They have threatened to garnish mine and hubby's wages but they can't.

Yeah, in PA the only garnishment allowed is for student loans and child support. As to your question about interest, they aren't allowed to charge you more than the maximum interest permitted by your state. You might want to also consider filing a complaint with your state AG against them for illegal collection practices and including information about the excessive interest. Your state bureau of consumer affars (or whatever they're called) should know where to forward a complaint about excessive interest being charged. Or you could do a search and find out for yourself and file with them.

If it were me I'd be complaining about these characters to my state AG and to their state AG. It can't hurt and it might get them to sing a different tune.

[Magdalen77]

How would I go about doing that?

I'm sorry to be so ignorant about all of this. I'm stressed to the max (to the point of having panic attacks) about all of this. I am not trying to get out of my obligation of the debt but I will NEVER pay if off if only $3 of my $100 monthly payment is going towards the actual debt.

Here's the link for NACA's website. You can look up the attorneys in NC and it tells you their specialties. Then you can call a couple of them and see what/if they charge for an initial consultation.

http://www.naca.net

And please don't get yourself so het up. These guys really can't do anything to you. There's no debtors' prison and they can't take away your birthday.

[gordonfan]

Thank you Magdalene! I went to the website and found a lawyer in my area and emailed their office for a free consultation. I feel a little better now.

I would just like to thank all of you who have helped me with this situation. This is an awesome website and I have learned so much that I didn't know. I'm glad that the FCRA is there to protect us from these low life scum bags.