Jump to content

Credit Smart, LLC


poppet24
 Share

Recommended Posts

So this company left a message on my machine (by auto dialer) I called them back.  She told me they bought the debt and that I have to pay it or they are gonna take me to court yada yada...I have no idea what this debt it and she said that she was going to send out some information.  The debt is over 10 years, so should I just send out a "Go F yourself, I am not paying"  or wait to see if they send me something.

 

I goggled them and they seem to be ones that violate often and the person I spoke with was an idiot.

Link to comment
Share on other sites

You have no idea what the debt is but you know it is over 10 years old?  Tell us exactly what you do know (but can leave out identifying information) in a descriptive manner.  The person you talked to say it was 10 years old?  Was it a company you knew of and did business with, but believed all matters were cleared and settled 10 years ago?  Is it a credit card or something else?

 

Wait 5 days for the written dunning letter (or the "some information").  Then send them a DV (debt verification) letter.  Keep it simple and send it CMRRR.

 

A day or so after that, send another letter informing them that "all phone calls are inconvenient at all times".  You can add that written communications sent by USPS is OK.  As always, send this by CMRRR.

 

Once the green card comes back for the DV, note the date they received the DV, and there should be no further attempts to collect until they validate.

 

They may consider your request for information to be a DV request, and the information they send you as a result of that to be the response to the DV.  I've had one JDB to that to me.  I just accepted that they validated.

 

You can hurry it up by sending them a C&D/RTP letter.  Then wait for them to take you to court.  If they don't, you have a violation on them.  But I don't know how long they get for that.

 

Mind telling us who they are?  You don't have to if you wish.  But you can get better seasoned advice very specific to them if we know who they are.  And they may be reading this board, too.

Link to comment
Share on other sites

You have no idea what the debt is but you know it is over 10 years old?  Tell us exactly what you do know (but can leave out identifying information) in a descriptive manner.  The person you talked to say it was 10 years old?  Was it a company you knew of and did business with, but believed all matters were cleared and settled 10 years ago?  Is it a credit card or something else?

 

Wait 5 days for the written dunning letter (or the "some information").  Then send them a DV (debt verification) letter.  Keep it simple and send it CMRRR.

 

A day or so after that, send another letter informing them that "all phone calls are inconvenient at all times".  You can add that written communications sent by USPS is OK.  As always, send this by CMRRR.

 

Once the green card comes back for the DV, note the date they received the DV, and there should be no further attempts to collect until they validate.

 

They may consider your request for information to be a DV request, and the information they send you as a result of that to be the response to the DV.  I've had one JDB to that to me.  I just accepted that they validated.

 

You can hurry it up by sending them a C&D/RTP letter.  Then wait for them to take you to court.  If they don't, you have a violation on them.  But I don't know how long they get for that.

 

Mind telling us who they are?  You don't have to if you wish.  But you can get better seasoned advice very specific to them if we know who they are.  And they may be reading this board, too.

 

The person on the phone told me it was a overdraft account for a bank I have never done business with and I know it is not on my credit report.  She gave me the date on when it was opened and closed, opened 13 years ago and closed 10 years ago. Company is Credit Smart LLC.

Link to comment
Share on other sites

OK, so this is really a "not mine" situation, plus past SOL since it appears Kansas is 3 years across the board.

 

Did you by chance get a recording of this?  Did they say "take you to court" in the voicemail?  If not, see if they will say it again while you are recording.  Or write letters and see if they will say so in writing.  If they do say this and you can prove it, you will have the option to sue them on an FDCPA violation and get up to $1000.  The only way I can see them getting out of it is by filing suit and immediately moving to dismiss it (before you can accumulate costs that you could sue for).

 

Beyond that, I would not worry.  If the calls bother you, tell them to stop by letter "All calls are inconvenient at all times".  If you want all communications to stop, send them a RTP/C&D letter.

 

You can, if you wish, also tell them that you have never done business with Citi.  But they are way past SOL for suing you.

 

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

 

Personally, I like the leave the communications channel open and just "chat" with the people that call.  They seemed to have quit calling and I'm getting bored.

 

FYI, I had a similar situation.  I've never done business with Citi, but a JDB thinks I owe money on it.  I have demanded they provide the date, location, and application media for the account to show ID theft.  They've never provided it.  I simply don't know if it is ID theft or mixup somewhere between Citi and the JDBs.  Since mixup by JDB is more likely, I don't want to file an ID theft complaint (because I have doubts on that).  But they have been trying to get me to pay for longer than my state SOL, so it has to be past SOL, now.  Trouble is, if I claim SOL, I could still be hit with a 1099C.  So if they do sue, I have to use the other defenses (not mine, maybe ID theft, maybe your computers screwed up, maybe your people screwed up, maybe you are a scammer).

 

I wonder if there is a pattern with Citi being at fault with bad accounts being sold.  This may be newly revealed in the news, but I believe it has been going on for several decades.

Link to comment
Share on other sites

Thanks :)  I'll wait the 5 days to see if I get "some information"  then I will send out a DV letter.  Might as well see if I can't get them on a violation or 2.  The call that I got and message that was left was from an auto dialer.  Isn't that a violation right there that I could file now as their first?

Link to comment
Share on other sites

Thanks :)  I'll wait the 5 days to see if I get "some information"  then I will send out a DV letter.  Might as well see if I can't get them on a violation or 2.  The call that I got and message that was left was from an auto dialer.  Isn't that a violation right there that I could file now as their first?

 

What you're referrling to is the Telephone Consumer Protection Act.   It's possible you would have a claim because if you never did business with that bank, you never gave provided your phone number and have no business relationship with the bank or the JDB.  However, you'd have to prove they called using an autodialer.

 

If they call again, I'd either record the conversation or not answer.  Perhaps they'd leave a pre-recorded message.

Link to comment
Share on other sites

If the message that was left specifically gave a number to call and suggested to call, then your act of calling cannot be construed as an initiation of communications (though very little is affected by that, anyway).  You can, if you wish, restrict all future communications by telephone per the FDCPA.  Though I often recommend it to people to assert "all communications by telephone is inconvenient at all times", I have not done so myself so I can keep track of what some of them do (I do often drag out the phone calls by talking about other subjects "sir, I called you about your debt, this is important", "but the snow storm coming is more important than some bogus debt").

Link to comment
Share on other sites

What you're referrling to is the Telephone Consumer Protection Act.   It's possible you would have a claim because if you never did business with that bank, you never gave provided your phone number and have no business relationship with the bank or the JDB.  However, you'd have to prove they called using an autodialer.

 

If they call again, I'd either record the conversation or not answer.  Perhaps they'd leave a pre-recorded message.

 

The message that they left me was a pre-recorded message

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.