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Help! Newbie needs advice


Ineed2speed
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I was real bad in paying back my credit card debt that I accumulated while in college and when I couldn't get a good job out of college, I wasn't able to pay much of it back. I ended up ignoring a lot of them but I've been trying to repay some of them.

Today I got a call from a lady from DMK & Associates, basically threatening to sue me come Monday if I didn't pay them over $4,000 today. She said they wanted to sue for over $7000 but are willing to settle for $4,xxx today. I went to myfico and bought all 3 credit reports and found the account that I BELIEVE to be the one in question. She said she was calling about my Citibank credit card and that she was representing another CA called Capital something. I wasn't too sure as I was half asleep when I took the call.

I'm scared and don't know what to do. This citibank card is more than 3years old. The CR does not tell me the DOLA or DOFD

It just says "Account seriously past due date/account assigned to attorney, collection agency, or credit grantor's internal collection department" as status and:

Status as of [?] Nov, 2008

Date opened [?] Jun, 2008

Date of last activity [?] Aug, 2008

Date of last payment [?] Not Reported

Date closed [?] Not Reported

Account number [?] XXXXXXXXXXXX5094

Loan type [?] Unknown - Credit Extension, Review, Or Collection

Credit limit [?] Not Reported

Largest past balance [?] Not Reported

Terms [?] 1 Month

Account Type [?] Installment

Account holder [?] Individual

Scheduled payment amount [?] Not Reported

Can someone PLEASE help, I'm worried about being sued and would like to take care of this.

-J

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That looks like a CA listing not the OC's listing. When did you open the card? When did you first go late and then never get current. What is your state's SOL? (Few states have 3 years)

First of all, CAs are hurting just like the rest of the economy. It is hard enough to collect in a good economy....in a bad one, folks just don't have the money. There are a lot of collectors who start with, "give me it all or I will sue on Monday!" To bad you don't have that recorded, because with no suit on Monday, that would be an FDCPA violation.

Take a deep breath and remember....the way to tell if a CA is lying....their lips are moving! Go through the DV process. Find out for sure WHO is the OC and what the balance is and how that is arrived at. (CAs will inflate the amt owed.)

Keep us posted and let us know the details and we will help as much as we can.

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The OC is Citibank. I think I stopped paying around 2005. I can't remember and don't have any past records I can dig up currently. I live in California so I think the SOL is 4years so I think it still applies.

It just kind of scared me. I've been running from my old credit card debt but I'm trying to man up now.

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  • 1 month later...

I sent my DV letter to UNIFUND and they responded back in about a week or so with a letter stating I owed 4,757.61. The original balance was 3.895.58. They said the account was opened since 2/26/02 and has been accruing interest since it was charged off on 10-31-06. They then included a copy of the actual credit card statement. It seems to be the last credit card statement Chase (the OC) sent to me back in 06. Is this proper validation?

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OK, I'll try.

To me the question is not "is this proper validation?"

The question is, "do you have all the information you need?"

For example, is the amount they are claiming correct? How much is principal? How much is interest? How much is late charges and overdraft charges? What interest rate have they been using since charge-off, and have they calculated it correctly? Are they in fact allowed to charge interest, and if so, at what interest rate?

Have they provided you with proof that they (Unifund) now own the account and are the correct people to pay?

Do you yet clearly know when you made your last payment?

I know none of this is required in their response to a DV. But it is what I require before I send money to someone I know nothing about, who I have never done business with.

Good luck.

DH

PS Don't let yourself be scared or intimidated by their threats of a lawsuit (which, by the way, are illegal, as momof5 says.)

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