mag2008 Posted September 23, 2008 Report Share Posted September 23, 2008 I'm new to this forum and will try to make this brief!Went to wamu website on 7/14/08 and settled debt for 50% and agreed to 4 monthly payments. The first payment was debited from my account on or about 8/14/08 as agreed. On 9/12, I started getting calls from a CA. I think it started out as arrow and then went to 2 others (possibly cpc?). I told them that I had an agreement with wamu and they basically called me a liar. He were extremely rude (that's mild)and told me I had to pay within 24 hours or else. They then told me if I gave them my checking a/c #, they would give me a few days to get the $. I didn't give them my info.I called wamu and they told me they saw the agreement in the file and would look into it and to call back on 9/23. The second payment was paid to wamu on 9/19 once again as agreed. I called wamu back today. What happened was that the computer generated a payment schedule where the initial payment was past the charge off date - if I had known, i would have set the date sooner. The women helping me said she had to speak to someone in the "back office" to try and get it straightened out and would call me back. She called back and told me that they would honor the settlement agreement and it would be straitened out by around 10/10. i got her name and extension and then called back and spoke to someone else who verified this.The CA called again and when I told him this, he went ballistic, called me a liar 4 times and ended up hanging up on me. I called back and spoke to his supervisor who also started screaming at me and called me a liar several times. I asked for their names, phone numbers and address and he refused to give it to me and said I could get it from the "paperwork". I have yet to receive any paperwork and told him it could have been delayed because of the 2 hurricanes we have experienced - his reply was more ridiculing and calling me a liar. He then told me he was going to record the conversation to get me on tape saying that I refused to pay the debt. When he was unsuccessfull, he also hung up on me. I assume it's not a good thing to have these people mad at you.Any ideas/thoughts as to how I should proceed? Link to comment Share on other sites More sharing options...
swirlgirl Posted September 23, 2008 Report Share Posted September 23, 2008 You have an agreement with Wamu. Do you have this in writing or a printout? If you do, then you can hang up on the CAs if they call. Just ignore them. Make sure you stay on top of Wamu to get all the issues worked out. Do you know how this is showing on your credit report. Link to comment Share on other sites More sharing options...
jjgross Posted September 23, 2008 Report Share Posted September 23, 2008 You have an agreement with Wamu. Do you have this in writing or a printout? If you do, then you can hang up on the CAs if they call. Just ignore them. Make sure you stay on top of Wamu to get all the issues worked out. Do you know how this is showing on your credit report.Send the boodsuckers a c&d letter that you have a agreement with wama and to send their account back to who they got it from.Inform them any more phone calls is a violation of the fcra,and they will be held liaible. Link to comment Share on other sites More sharing options...
swirlgirl Posted September 23, 2008 Report Share Posted September 23, 2008 Sending C&D would be fine. But we don't know enough to say that the phone calls are a violation. Link to comment Share on other sites More sharing options...
jjgross Posted September 23, 2008 Report Share Posted September 23, 2008 Sending C&D would be fine. But we don't know enough to say that the phone calls are a violation.swirlgirl sorry i forgot about the part after they recieve the c&d.these damn senior moments lol.And my grammer i know ladynred will correct me.I learn something everyday on this forum.So thanks to everyone who has posted. Link to comment Share on other sites More sharing options...
mag2008 Posted September 24, 2008 Author Report Share Posted September 24, 2008 I was thinking that I would go ahead and send the CA the DV letter which would get that started while I wait until 10/10 to check back with WaMu to see that they did what they said they would do.Does that sound right?I'm just so confused about all this! Link to comment Share on other sites More sharing options...
swirlgirl Posted September 24, 2008 Report Share Posted September 24, 2008 You can send the DV. But why wait on Wamu? They said they see the agreement in your file. Just ask for a copy. No harm in asking. You need to be proactive to get whatever it is you need. Link to comment Share on other sites More sharing options...
Methuss Posted September 24, 2008 Report Share Posted September 24, 2008 Go to radio shack and get a line tap for your phone. Next time you speak to these chuckleheads at the CA record the call. You don't have to tell them you are doing so as long as the call is crossing state lines (Federal rules). Get them on tape yelling at you, calling you a liar, and refusing to give a mailing address. Those are all FDCPA violations...and you only need to prove ONE to win because the FDCPA is a strict liability law.Take the tape to a lawyer and sue their butts off. With tape in hand and an agreement from WaMu to pay them directly, most lawyers that do consumer protection work will do the case at no charge to you because it is a total slam-dunk case. They will get paid by tacking on their fees to the judgment. And you'll get a couple grand to pay WaMu off with. Link to comment Share on other sites More sharing options...
mag2008 Posted September 24, 2008 Author Report Share Posted September 24, 2008 I really don't want to sue anyone. I just want WaMu to honor the settlement agreement so that I can pay what we agreed to. I thought sending the DV letter to the CA would give me time to get something in writing from WaMu regarding them taking the debt back. Is this a good or idea? Would it do any good to send a letter to say the president of the company? Also:1.The CA also told me that they sent the "paperwork" to me on the 9th. It was dated the 11th and post marked the 15th and I received it yesterday the 23rd. 2.Somehow they got my daughter's cell phone # and called her incessantly for 4 days. She kept telling them she wasn't me but never told them who she was and they finally stopped calling her. She just went away to college and it was pretty upsetting for her to be harrassed like that.3.They told me they would not settle for a lower amount and also that there was not an installment plan option. However when the letter came it said if I couldn't pay the entire balance to put a settlement offer and/or payment plan offer in writing and they would consider it.Because of job loss, hurricanes, a serious neck injury and subsequent surgery (which wasn't cheap!), sick parents and a car accident we have had a difficult time financially. We have worked with all our creditors and gotten caught up and were looking to move forward until this... Link to comment Share on other sites More sharing options...
Hiway2Hell Posted September 24, 2008 Report Share Posted September 24, 2008 This isn't really on-topic and I apologize for that, but I'm curious how you chose to settle with Wamu thru their site. I am currently having some issues with them and when I deal with my account online I see no option to settle at all, is this only something you were presented with when you hadn't paid for a while? Just curious, atm I'm only like 20days past due but I can't keep up with my payments so I'm looking for an alternative to letting it charge off.Thanks! Link to comment Share on other sites More sharing options...
swtprncess281 Posted September 24, 2008 Report Share Posted September 24, 2008 I understand your desire to not want to get into a lawsuit, but it isn't like your just filing a bogus lawsuit. You get them on tape commiting a violation, with that and the agreement from wamu you take them to court, they pay, you pay wamu and possibly a few other debts who knows! I say go for it, they wouldn't think twice about suing you!!!! Link to comment Share on other sites More sharing options...
mag2008 Posted September 24, 2008 Author Report Share Posted September 24, 2008 Hiway,I was 120 days past due. They sent me a letter with a website:wamucanhelp.com.Hope that helps you! Link to comment Share on other sites More sharing options...
jjgross Posted September 24, 2008 Report Share Posted September 24, 2008 This isn't really on-topic and I apologize for that, but I'm curious how you chose to settle with Wamu thru their site. I am currently having some issues with them and when I deal with my account online I see no option to settle at all, is this only something you were presented with when you hadn't paid for a while? Just curious, atm I'm only like 20days past due but I can't keep up with my payments so I'm looking for an alternative to letting it charge off.Thanks!Try for a hardship it might help to send a good will letter and explain your problem. Link to comment Share on other sites More sharing options...
Hiway2Hell Posted September 24, 2008 Report Share Posted September 24, 2008 How do I try for a hardship? Just contact them and ask? Link to comment Share on other sites More sharing options...
jjgross Posted September 24, 2008 Report Share Posted September 24, 2008 How do I try for a hardship? Just contact them and ask?Yes and don't stop at the first person you talk to just keep going up the line. Link to comment Share on other sites More sharing options...
Focus2069 Posted September 24, 2008 Report Share Posted September 24, 2008 I really don't want to sue anyone.Why?You have the proof in the tapes. Take an hour visit with a lawyer who will do it on contingency....then he/she does all the work for you.Thats what I did....then I just kept in contact every now and then with the lawyer via email. Didnt have to do anything or come out of pocket for anything.They would not hesitate suing you, why hesitate with them, when you have a "slam-dunk"? Link to comment Share on other sites More sharing options...
jjgross Posted September 25, 2008 Report Share Posted September 25, 2008 Why?You have the proof in the tapes. Take an hour visit with a lawyer who will do it on contingency....then he/she does all the work for you.Thats what I did....then I just kept in contact every now and then with the lawyer via email. Didnt have to do anything or come out of pocket for anything.They would not hesitate suing you, why hesitate with them, when you have a "slam-dunk"?They would make your life miserable if they could and still might you sometimes have to do things you don't want to do. Link to comment Share on other sites More sharing options...
mag2008 Posted September 26, 2008 Author Report Share Posted September 26, 2008 Have done the follwing:1. Sent DV letter to CA.2. Checked my credit report and found that WaMu is reporting debt sold but still has a balance. So far CA or JDB has not reported anything. 3. Sent email to VP of card services at WaMu but after news today, I don't think I'll get to far with him. LOL4. Found a local consumer law attorney on the myfairtax website and sent him an email with my story. His response was " That kind of conduct is outrageous." I have an appointment with him on Monday.Any advice for meeting with attorney?The greatest thing about this forum is the ability to gain knowledge which allows the wisdom to take a deep breath and not panic!! Thanks. Link to comment Share on other sites More sharing options...
momof5 Posted September 26, 2008 Report Share Posted September 26, 2008 Game changed folks. WAMU went belly up today. This situation might get interesting. Link to comment Share on other sites More sharing options...
jjgross Posted September 26, 2008 Report Share Posted September 26, 2008 Game changed folks. WAMU went belly up today. This situation might get interesting.The ceo was there 3 weeks and walked away with 11.6 millon.hello costa rico,sand,surf and par-tay. Link to comment Share on other sites More sharing options...
mag2008 Posted September 26, 2008 Author Report Share Posted September 26, 2008 I'm wondering how that will affect my situation... Link to comment Share on other sites More sharing options...
mag2008 Posted September 30, 2008 Author Report Share Posted September 30, 2008 Saw the lawyer today - he thinks I have a good case against CA.Also, I had sent an email to the vp of card services at WaMu. Given the current situation, I didn't think I'd hear anything. I had a message from someone in customer relations today. Hopefully, I will speak to her tomorrow. Does this seem odd to anyone? Link to comment Share on other sites More sharing options...
jjgross Posted September 30, 2008 Report Share Posted September 30, 2008 Saw the lawyer today - he thinks I have a good case against CA.Also, I had sent an email to the vp of card services at WaMu. Given the current situation, I didn't think I'd hear anything. I had a message from someone in customer relations today. Hopefully, I will speak to her tomorrow. Does this seem odd to anyone?He could of passed the message on.I got a reply on a email from wama that nothing will change keep sending the payment in to the normal address etc.So if you talk to her just explain your problem:-) Link to comment Share on other sites More sharing options...
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