helper Posted January 3, 2009 Report Share Posted January 3, 2009 Hi everyone - I am new to this site, and I have an emergency question. This may be long, so I apologize in advance:My husband's health is not good. He has had multiple strokes. He was trying to take care of the bills, but that faded with his health. He finally told me about them, and I found out that there were many collection agencies involved. One in particular is causing me quite a problem. I found the "you have 30 days to dispute" letter from this particular agencies. I found their email address on line and decided to email the collections manager. My email stated that I received the letter "but I am not sure who the original credit is. My husband's health is not good. Would you be willing to work out a payment plan." I received a response back "of course we will work with you...how much would you be able to pay per month." We set it up to $100.00 per month for 2 months, and $450.00 thereafter for 5 months. The original amt shown on the ltr was $5,800.00. The next day I was served with papers. I emailed this gentleman the next day and told him I had rec'd papers. I emailed "I thought we had an agreement." He wrote back "We do, but it will be much easier to explain if you could call me." So that evening I did. I spoke with someone else and we went over a few things. During the conversation I asked her who the original creditor was, and she said "Oh I don't know - you'd have to pull your husbands credit report." So I did - according to the credit report, this acct. shows as being transferred to another lender - but it does not state who the original creditor was. The credit report shows HSBC. To my knowledge and my husband's knowledge, we have never done business with them. I emailed the coll. agency again and advised them of my credit report findings. They emailed me that they would look into it. I also told them that I had not rec'd any type of settlement agreement. They said I should receive it by the 15th (ironically, the same date my $450.00 was due). I decided to wait until I received some type of settlement agreement. That never happened. On Xmas eve I rec'd a Ten Day Notice of Default. CAN ANYONE TELL ME WHAT MY RIGHTS ARE!!!??? They have never revealed the name of the original creditor. I did not sent a debt validation letter - I was still very new at this. Thank you. Link to comment Share on other sites More sharing options...
admin Posted January 3, 2009 Report Share Posted January 3, 2009 helper, I think you need to take a deep breath and just breathe. Then do a little searching here and on creditinfocenter.com.Everything you need to know is completely spelled out for you, but you must do a little reading. Link to comment Share on other sites More sharing options...
rivergone Posted January 3, 2009 Report Share Posted January 3, 2009 is this alledged debt under you'r name and hubbys or just his? I would still dispute saying after doing resurch on debt you find nothing and believe its not you'rs and would require them to fully validate as law requires them to do. we fought a jdb and did everything wrong and still won for they never have proof of anything. good luck! Link to comment Share on other sites More sharing options...
helper Posted January 3, 2009 Author Report Share Posted January 3, 2009 It's the strangest thing - It shows it as an individual account - last pymt made 7/07, last reported 4/08, no "R" rating, yet charged off as bad debt and purchased by another lender. It shows on my credit report too - as an authorized user. Craziest thing. We've never done business with HSBC. Link to comment Share on other sites More sharing options...
BTO429 Posted January 3, 2009 Report Share Posted January 3, 2009 If a debt collector tries to collect from you they damn sure know who the original creditor is, and you should not have to pull your credit report to find out. I wouldn't settle nothing with them till they prove what the debt is and who the OC is. I would write them and tell them them to do so, and until they prove to you who and how much you will not settle with them. My guess is that they don't have enough information to go to court with and win so they are trying to buffalo you into a payment. Link to comment Share on other sites More sharing options...
merrybucks Posted January 3, 2009 Report Share Posted January 3, 2009 Were you served? You need to answer the summons or they will get a default judgment. With your husband's health you may want to talk to a BK lawyer. Link to comment Share on other sites More sharing options...
helper Posted January 3, 2009 Author Report Share Posted January 3, 2009 Can I still send a DV ltr even though I have already sent them $200.00, and agreed to (via telephone - without knowledge of the original creditor) to send them the $450.00 by 12/15 (which I didn't do)?Thanks for your help everyone!++ Link to comment Share on other sites More sharing options...
admin Posted January 5, 2009 Report Share Posted January 5, 2009 Can I still send a DV ltr even though I have already sent them $200.00, and agreed to (via telephone - without knowledge of the original creditor) to send them the $450.00 by 12/15 (which I didn't do)?Thanks for your help everyone!++Nope - read the sticky at the top of this forum. Link to comment Share on other sites More sharing options...
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