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Here we go :(


redblazerx
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A little background.....I live in South Carolina.

I was working for a really good car dealership in a local town making really good money. After 10 years with them they closed the dors forever. I took a job with another car dealership making less money and managed to stay above water (1.5 yrs). That job turned sour and took yet another job at a different car dealership(3 months). At this dealership I was promised good money and yet disaster struck again, I was scammed at this dealership. So, finally took a job as a manager at, guess it, another car dealership, finally making some decient money(so far so good at 4 months).

Well started sinking at the second job and started cutting expenses and quit paying on credit cards. Havent paid on them since april 2011. Then the collection calls started coming, up to 15 per day from about 4 CA's. Started answering a few calls and didnt get anywhere with them, they all wanted to to bank withdrawals in which I refused. This continued for a few weeks so I decided to not answer any calls unless I knew the number.

Fast foward to now, I have gotten a letter from J.A. Gambece law firm, which looks fake and photocopied. It doesnt even have a signature on it.

it says it is an office that is a debt collector and has been retained to collect the debt owed by you to CACH, LLC. This is a demmand for payment of your outstanding obligation.

then at the bottom it says "this communication is from a debt collector"

I am a big believer about paying back what I owe, I was raised that way. I have contacted all of the original creditors and explained my situation and they offered to do the automatic bank withdrawal on monthly payments in which I refused. If I DO pay I want to make sure it does go to the debt that is owed and gets noted on my credit report.

I have gotten no where with trying to settle the debt with MY obligations with any of the few collection agencies that I have talked to.

What would you do in my situation?

**********UPDATE***********

Cambece has started calling my relatives and neighbors to try to get to me i guess. I have gotten another letter from Richard Clark law firm which I assume that is another CA. I am sooo tired of getting the calls that I have been thinking about changing my #.

I have answered a few and tried to negotiate and get nowhere with them. I have offered to settle for a percentage and a few have agreed but when I ask them to send me a certified letter with it stating that it will be paid off in full and I will be happy to send them a certified check. None of these CA's want to do this so I am stuck here.

There are a few credit cards that have gone to CA's but im only worried about my 11K balance one suing, the other ones are like 2K and less.

Where do I go from here with trying to get the CA's to settle on my terms?

Edited by redblazerx
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Never do a bank withdrawal. They can pull more than authorized and it can be nearly impossible to straighten out to the correct amount. Tell the CA that you will do business by cashier's check "for the protection of all parties" only after you receive a signed written copy of the deal terms.

The letter from the law firm is just another collection letter. Because it is a law firm they may be planning to sue you. Or it may be a firm doing nothing but sending scary letters. They do not have to tell you in advance that they will, and probably won't for their own protection.

Collectors generally don't like to do payment plans. They want it all up front. With payment plans, they have a hard time reselling the account, and technically are giving you credit. They usually want it all up front. Some do go so far as to negotiate enough to get your bank numbers, then take the full amount out, or at least everything there (there ware ways to find out or get real close).

I do agree with the principle of paying debts. But, I suggest you might want to consider the exception to that rule which I use. If they do anything abusive when you have honestly explained your situation, then consider it "over with" and that you "offset your debt with their owing you for the abuse". And frankly, once a debt gets to a debt collector, I consider it over with because so many of them are so dishonest.

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  • 2 weeks later...

Well after making the mistake of answering the phone from one of the CA's I told them not to call me back and that I wanted verification of the Debt that they were collecting, so I asked for their address so I could send a DV letter. Well today I get home and checked the mail and saw that I had a large envelope with FAXED copies of the past 12 months of billing statements in it.

Is this considered validation? Nothing has my signature on it, just faxed copies of the past 12 months statements.

What do I do from here?

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CACH, LLC has never, to my knowledge, ever represented an OC. They buy junk debt. Check your reports to see if it was sold. This is one of the worst JDB's. If they sue use Coltfan's method, make them prove standing.....

The Gambece law firm is also a well known outfit that likes to threaten. This particular firm though, because of past legal troubles, probably will fold from a good stern DV if you let them know you know your rights. Default judgement is their game.

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This particular firm though, because of past legal troubles, probably will fold from a good stern DV if you let them know you know your rights. Default judgement is their game.

I wouldn't count on that or take it to the bank.

I would get your ducks in a row. Record conversations with collectors if you take any calls. Keep all your mail. Send everything Certified with delivery confirmation. Start reading your states laws on civil proceedure. Figure out how far you are willing to take this thing.

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  • 2 weeks later...
Well after making the mistake of answering the phone from one of the CA's I told them not to call me back and that I wanted verification of the Debt that they were collecting, so I asked for their address so I could send a DV letter. Well today I get home and checked the mail and saw that I had a large envelope with FAXED copies of the past 12 months of billing statements in it.

Is this considered validation? Nothing has my signature on it, just faxed copies of the past 12 months statements.

What do I do from here?

The debt has been validated. All that's required, according to the FDCPA, is the name of the original creditor and the amount.

Check the original creditor's entry on your credit report. If the OC has sold the debt, the entry will state "sold/transferred"...something to effect. In that case, Cach owns the debt. You would need to work it out with them. I would, however, request proof from them that they purchased the account.

If the OC still owns the account, the debt will merely be charged off. There will be no reference to it being sold or transferred to another lender. That would mean Cach is only collecting for the OC. In that case, I would deal with the OC...not Cach.

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The debt has been validated. All that's required, according to the FDCPA, is the name of the original creditor and the amount.

Check the original creditor's entry on your credit report. If the OC has sold the debt, the entry will state "sold/transferred"...something to effect. In that case, Cach owns the debt. You would need to work it out with them. I would, however, request proof from them that they purchased the account.

If the OC still owns the account, the debt will merely be charged off. There will be no reference to it being sold or transferred to another lender. That would mean Cach is only collecting for the OC. In that case, I would deal with the OC...not Cach.

Ok, I have send 2 DV letters to two different "law firms" asking them to prove that they own the debt and prove that the ammount that they say I owe is correct. So, do I sit back and wait?

But whats weird is that neither of these firms are on my CR, but I do have one CA that is on my CR that has failed to contact me or even call me, never heard of them until I pulled my CR.

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Ok, I have send 2 DV letters to two different "law firms" asking them to prove that they own the debt and prove that the ammount that they say I owe is correct. So, do I sit back and wait?

But whats weird is that neither of these firms are on my CR, but I do have one CA that is on my CR that has failed to contact me or even call me, never heard of them until I pulled my CR.

The law firms don't have to provide what you requested in order to validate the debt. All they have to provide is the name of the original creditor and the amount of the debt.

What are the original creditors reporting on your credit report? Are the debts sold/transferred, or are they merely charged off?

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The law firms don't have to provide what you requested in order to validate the debt. All they have to provide is the name of the original creditor and the amount of the debt.

What are the original creditors reporting on your credit report? Are the debts sold/transferred, or are they merely charged off?

One or two of them show charged off and I think a couple more show Account closed by credit grantor or something to that effect, I will have to look at them again. But these "so called" law firm letters look like collection letters.

I also know that the CA's that are calling are not on my wifes or my credit report and the ones that are have not called us or sent us a letter of any kind, so im really confused.

It also says on the letter that I have 30 days to dispute the validation of this debt, so what does that mean if you say I cant send a DV letter?

One of them I sent a letter to is The Law Office of Richard Clark, Cambece has left me alone lately for some reason and I will have to get the name of the other office I sent the second letter to.

Edited by redblazerx
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One or two of them show charged off and I think a couple more show Account closed by credit grantor or something to that effect, I will have to look at them again. But these "so called" law firm letters look like collection letters.

I also know that the CA's that are calling are not on my wifes or my credit report and the ones that are have not called us or sent us a letter of any kind, so im really confused.

It also says on the letter that I have 30 days to dispute the validation of this debt, so what does that mean if you say I cant send a DV letter?

One of them I sent a letter to is The Law Office of Richard Clark, Cambece has left me alone lately for some reason and I will have to get the name of the other office I sent the second letter to.

The law firms are collection law firms. If the OCs' entries don't show that the accounts have been sold, then the law firms are collecting for the OCs.

I didn't say you couldn't send a DV letter. I meant that what you requested in the letter is not what they are required to provide according to the FDCPA. Even if they did purchase the debt, they wouldn't have to prove they own it in response to a DV letter. Nor do they have to prove the amount is correct.

Debt validation means they simply have to provide the name of the original creditor (even if the original creditor still owns the debt) and the amount of the debt.

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To comply with sending proper DV, the threshold is crazy low. They basically just have to say, yep we checked with the original creditor, you owe us and this is the amount.

In my opinion, the only use in sending a DV is to set them up if they don't answer and continue collections. Also anytime you can get a collection agency to put something in writing, you have a solid chance at violations. Sometimes they will just drop in your lap and you will be thinking, did they really just put this in writing?

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So, what do I do from here? I want to get these scum debt collectors off my back. I have tried to settle with one and when I offered 35% he refused and hung up on me. Since then I have not answered anymore calls.

I know that most of the debt is mine but I dont know the exact amount. I want to get this crap settled and move on with my life. I want to make sure whatever I settle on goes to the right debt and pays it off permantly.

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So, what do I do from here? I want to get these scum debt collectors off my back. I have tried to settle with one and when I offered 35% he refused and hung up on me. Since then I have not answered anymore calls.

I know that most of the debt is mine but I dont know the exact amount. I want to get this crap settled and move on with my life. I want to make sure whatever I settle on goes to the right debt and pays it off permantly.

What to do depends on what you want to do. You could send them a "cease communication" (aka "cease and desist) letter, which leaves them with the option to sue you (and a final communication about what they decide to finally do). They can still place an item about the debt on your credit report (the A/R argument is that it is not communication to you, but rather, to others who would access your credit file to consider providing credit to you).

You could send the "inconvenient at all times" letter which basically is made to fit the wording of 1692C(a)(1) to exclude phone calls and certain other forms of inconvenient communication. Their options are then the same as above plus whatever forms of communication you have not indicated are inconvenient.

Weigh your options or describe further what you want (realizing that not all wants can be had under the law).

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This is what I suggest.

1. Send DV letters to all of the collection agencies if you haven't already done so.

2. No matter what the response or lack of it is, send a cease and desist letter to each of the collection agencies. They will have to stop all contact with you.

Sample Letter 7 - Request Collection Agency to Cease and Desist Contact With You For a Debt Owed

3. Start saving some money in order to make lump sum settlements with each of the collection agencies.

4. When you have about 25% of what the last known balance is, call them or write them and offer a settlement.

Debt Settlement Advice | Settling Your Debts

5. If you are sued before you make a settlement offer, start visiting our legal section and we will help you successfully defend against these guys - their case against you will most likely be crap.

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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  • 2 weeks later...
Ok, I sent 2 DV letters to two CA's. Their response was that it could take 30 days or more to get my required info. What happens from here?

If you sent the DV requests within the 30 days after their first contact with you, they can't attempt to collect again until they validate. If you sent the letters after that 30 day period, they don't have to validate and can still continue to try to collect.

If you decide to settle with ANY CA, make sure they are collecting for the OC. I'd call the OC to verify that the CA is legitimate. If everything is ok, you can negotiate a settlement. Get EVERYTHING, every detail, in writing.

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