Confirmed Credit Card Debt with a Debt Collector

[HouseofPain]

Assuming all laws and protocol have been followed in the brief encounters I have had thus far, and knowing that my situation would need a specific legal look to know any or all the loopholes to reduce, and settle my debt with this debt collector. I have a simple question without considering the above to try to keep this conversation clean and specific. I have read many, many posts but cannot find any thing other than one post that says I "own" the debt, and I don't know what that legally means.

History:

I had a call from a debt collector, which I answered. I confirmed my debt with the credit card company to the debt collector on a recorded line. (I've already beat myself up badly and when other DC show up, I will have my 2 X 4 in hand and I will be armed with much more information to deal with them)

With Florida case law considered, by confirming the debt in that call, do I own it? Do I still have some, or all the negotiating powers I had prior to the call? Again we are assuming no other factors. Thanks for answering and referencing factual information.

[skippy1960]

If I am your DC, I know that I can walk into court with a recording where you ackoweldge owning the OC the debt. So all I have to prove is I have standing to be in that court and get the judgement.

This doesn't mean that you can't force them and fight them by filing oppostion to their suit, to make sure they don't dot and i or cross a t, but if they keep that recording you have a big hurdle.

You still have negociation power becuase you have the money they want, until a court says they can take what they are entitile to via judgment, you are negociating.

You may want to read some of the information in the arbitration forum and see if you can use this tool, based on amount of your debt, who the OC is and when you defaulted on the account. If you meet the criteria you could make it costly for them and they may settle for less.

Others may have a different view...

[Massive]

Whoever files suit will have to have proof that they have authority to file suit in the Plaintiff's name. Every recent suit I've helped in that has been a big problem for the debt collector. Another big problem, be it original creditor or junk debt buyer, it doesn't matter which, is they struggle to sustain their "Affidavit of Debt" when challenged for authenticity, especially when a request for production of documents includes a request for the Affiant's employment records. Further, I know Discover has these Generic Affidavits of Debt which are the same across the country, never citing the debtor(s) name in the body of the declaration. They seemingly screw up also in these "Affidavits" by stating the lawsuit has already been filed sometimes over 12 months or longer before an actual suit. You can attack these "Affidavits" and rip them to shreds.

[chuckygee]

You can also use the "depends on what your definition of is, is" defense.

When you confirmed your debt with the credit card company, did you also agree that the amount that they are seeking is correct? Have you had more than one account with the CC company? Is the debt still held by the OC or a JDB?

Even with an admission to having an account, there are still many defenses left depending on the details involved. It's not what you know, it's what can be proved in court.

[Linda7]

What exactly did you confirm? If it was that you had a OC credit card debt - okay . . . but, is it "this" particular one? See what I mean? Often times a DC will call and ask if you had a such and such credit card - well, that's kinda like asking if you ever owned a Ford or a Chevrolet! It doesn't mean that it is the exact one they are talking about!

Or even if they nailed it down to the correct OC and the correct date you defaulted and told you the account number and you agreed to all of that . . . now comes the part of them proving they own the debt. Anyone with access to your credit report could have that information, so now let them prove ownership.

So . . . maybe it's not as bad as you think!

[Savoir]

Anyone with access to your credit report could have that information, so now let them prove ownership.

Sorry for the slight hijack of thread here but ..... I'll be quick.

You brought up an interesting question in my situation ... How does one get access to your credit report?

Eight days after a JDB 'purchases' an alleged debt, the lawfirm pulls my credit report. What gives them the right?

Again..... sorry if I'm being improper.

[chuckygee]

Sorry for the slight hijack of thread here but ..... I'll be quick.

You brought up an interesting question in my situation ... How does one get access to your credit report?

Eight days after a JDB 'purchases' an alleged debt, the lawfirm pulls my credit report. What gives them the right?

Again..... sorry if I'm being improper.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=262875&highlight=lawyer+permissible+purpose

[Savoir]

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=262875&highlight=lawyer+permissible+purpose

Thanks chuckygee ....

[HouseofPain]

You can also use the "depends on what your definition of is, is" defense.

When you confirmed your debt with the credit card company, did you also agree that the amount that they are seeking is correct? Have you had more than one account with the CC company? Is the debt still held by the OC or a JDB?

Even with an admission to having an account, there are still many defenses left depending on the details involved. It's not what you know, it's what can be proved in court.

Thanks for all responses. I believe debt is held by credit card company and account was transferred to law firm / debt collector (but I will confirm in court if I have to). All information about me, amount owed, and account # is in their initial letter which appears to be a disclosure debt letter.

So now what, sit and wait for them to serve me? I'd rather not go to court and try to settle this prior. I qualify for chapter 7 but don’t want to do that.

I believe in the next 3-4 months I may be able to offer a lump sum (big debt) but I don’t want to pay the full amount because its so inflated with interest and they have made a great deal of money on me already, by my payments for years.

What are my options, should I call them up and try to make a deal? Should I hire a lawyer to negotiate? Is a debt settlement company on a two-year payment plan a good strategy and then while they still pursue me, offer a settlement through them?

The economy and employment situation are my reasons for default, a hardship.

I have an asset in my home that they will surely cloud or lien.

Thanks for further details. This is going to happen two times again. I will not confirm the debt next time. will be interesting to see how one account is handled as the CC company is an affialiate of my mortgage company.

I do understand sercured vs unsecured.

[Mimi-to-8]

I pretty much made the same mistake with the 1st CA calling about a very large Citi CC debt. I even explained how I offered $100 month but Citi said it wasn't good enough.

I thought I was screwed for sure after finding this website and researching!

I DV'd the CA after receiving their dunning letter. They sent 12 months of statements from the OC.

I never heard from them again. This alleged account went back to the OC and has now been assigned to a new CA. I just DV'd them with ARB ELECTION. Haven't heard back yet.

I just wanted to let you know that I owned up to the debt over the phone with the 1st CA and they did not pursue further.

Every situation is different though. Just research so you are better informed as to what actions to take. Another of my "alleged" CC debts got me tons of calls from CA law firm (which I never answered). I DV'd them and instead of validation, I got sued

Good luck!

[rikkivs]

I've seen tons of debt collection cases and still have yet to run across one where they used an archived phone call to show the debtor had an obligation. This is not to say that it doesn't happen but the chances are very very slim. They must process MILLIONS of phone calls a day Lord knows how cumbersome it might be to retrieve phone call recordings! That takes up a bit of space! I wouldn't worry about the phone call unless you owe like a bazillion dollars or something.

[nobk4me]

They may not have actual recordings of phone calls, but the collectors (at least in-house) do have computerized logs of summaries of phone contacts. Including date and time of call, whether the line was busy, rang without an answer, and, if there was a conversation, a summary of the conversation.

I know because I got their log in discovery in one case.

[jackson212]

Sorry for the slight hijack of thread here but ..... I'll be quick.

You brought up an interesting question in my situation ... How does one get access to your credit report?

Eight days after a JDB 'purchases' an alleged debt, the lawfirm pulls my credit report. What gives them the right?

Again..... sorry if I'm being improper.

i challenged permissible purpose by saying that in order for them to have permissible purpose there have to be two things

1-an actual account

2-standing to pursue this account

i have yet to have the trial disposed, so the final decision wont be for some time but i am in court over it now. just bringing up some options and ideas for you to think about. im always up for pushing the court limits so ill let you know what happens

Assuming all laws and protocol have been followed in the brief encounters I have had thus far, and knowing that my situation would need a specific legal look to know any or all the loopholes to reduce, and settle my debt with this debt collector. I have a simple question without considering the above to try to keep this conversation clean and specific. I have read many, many posts but cannot find any thing other than one post that says I "own" the debt, and I don't know what that legally means.

i dont know what your situation is, how much time you have on your hands, if you work everyday if you are able to go to court. im a pro se so take my advice for what its worth. first i would determine who is sueing me or potentially going to sue me. is it jdb, is it oc? if its jdb, how many times has the debt been passed around? how old is the case?

is your admission damaging? i would have to agree with SKIPPY in that if they can prove they have standing, AND they can come to court with the recording of you admitting you owe the debt, it may be a little hard to climb back out. but, you can always chip away at what you said be recanting what you said on the phone. i thought it was mine. i misunderstood what they were asking. did you answer yes no questions or did you spill out whole sentences like "yes i owe the debt account number 439------"

it all depends WHAT you said and how you said it. me, i'd fight till the end make them prove your liability

[HouseofPain]

Debt is original. I have the time on my hands. I'm hands on. Dont know enough to see around all the corners. Experience can save me money too. Leaning toward the legal side.

I was tricked by the CC and DC no doubt about that. You can bet the Credit Card Co new strategy is to work you on the way out the door in the hand off. I bet they sell the debt for a higher amount on a client such as me. I was a great customer for years and paid ontime, including the fees, and I got yelled at in month 1 and dumped after month 3. I will never return as a customer to them.