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Differnt name as Orgional Creditor


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out of the blue I got a phone call from what they say was a law firm who had a suphena for me to appear in court, and I was in jeapordy of loosing my default, since I have not answered the law suite, (ONE I have never recieved anything, phone call or mailing)

I called back a number he gave me to find out about this problem,

the woman claimed I owed $2,600 in bad debt, I would be charged court cost and legal fees which would add up to over 7,000 grand, If I did not aggree to pay than the now, (oh of course they would drop the intrest and late fees so it would be $1,500 (gee My credit report from 06/08 states it is $550.00) She said give me your debit number I will hold it until tomorrow, (well it's after banking hours any way) I said what r u crazy, I don't know who u people are, Send me this in writing of who I owe, How much from when who is the orgional creditor. I was told I don't have to do any of that, I am telling you how to stay out of court, I will hold off the suphena until tomorrow morning if we recive this payment, I told her NO way was I giving out my debit card number for one.... and when they send me something US post office the old snail mail way, We will talk.

The next day I got another call from the Good guy..... he said he would send me a letter for which I asked, Well I gave him my email address, told him I want it US mail as well. IN the email it sates a different name of the ORGINAL Creditor. Yes over the years the bank it self has changed names, The card name was one bank but the account was with MNBA Can they, use the NEW name as the Orgional Creditor, or should it be the same name listed on my credit report, Of who is the creditor.

This is the 3 rd time this account has been sold the name on my credit report, states they are only the ones who list it on the report, Who I asked back in Jan to please send the infor, which never happened, It's like I have to search for who has the account in order to work out a settlement, I have never recieved any thing in the mail nor a phone call until 2 days ago. I was a co signer in 2003 on a over draft protection which had a $200.00 limit, way back than the bank never got in touch with me that the other person never paid. The email had the offer again for $1500 until the mid end of the month, Do I respond to this offer, with the NO and again what I want, or wait for them to get back to me. they threatened to bring to court, garnish my husbands wages, and OH this woman Will be in court (yea ok she is in Cal. I'm NY) Thanks in advance

I have excellent credit all but this...

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Your instincts were excellent. You refused to cave in to their high pressure tactics. Which sound to me like they violated the law. In one place, it sounds like they are saying a lawsuit has been filed and you didn't respond, in another it sounds like they are threatening to file a lawsuit if you don't give them money. So they've lied at least once, in violation of the FDCPA. If you're not familiar with it, read up on it. And if they are not licensed to practice law in your state (check your state's bar association website) they've lied some more. And they can't garnish anyone's wages until they've filed a lawsuit and the judge has decided in their favor. And then they must have named your husband in the lawsuit if they're going to go after his wages. The number of lies here is climbing so fast one loses count.

Don't agree to pay them until you have all the information you need to be sure what this debt is for, that you are responsible, the amount is correct and you know how it was calculated, and that they are the ones entitled to receive payment.

Unfortunately, you probably didn't record any of these conversations, so you probably can't sue them for FDCPA violations and win. So deal with them only by mail from here on, or at least take steps to record them. (Comply with your state's laws on recording conversations.)

Don't be rattled by the "deadlines" they set. This a favorite tactic to make you react without thinking.

Finally, I'm no credit report expert, but if a bank has changed hands several times, I think it is OK for them to report an account with their current name.

Good luck.


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