nickysduck2

Debt validation question

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Thanks. I have read whychat's method and it is a bit confusing to me in parts.I do not have the money to pay the accounts off in full. I did not catch the part about the personal checks and appreaciate you for pointing that out to me.I will make sure all payments I mail in the future are cashier's checks.

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I just read that it is not wise for me to continue paying the OC if they are not sending me receipts or statements in return.This kinda defeats my purpose of avoiding a lawsuit and getting away from the collection agency by continuing to pay the OC. I just don't want to be sued but really don't want to deal with a collector either. Wow Im in a pickle here.  

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I just read that it is not wise for me to continue paying the OC if they are not sending me receipts or statements in return.This kinda defeats my purpose of avoiding a lawsuit and getting away from the collection agency by continuing to pay the OC. I just don't want to be sued but really don't want to deal with a collector either. Wow Im in a pickle here.  

As long as you have record of payment, I think you're fine.  Have you called the OC to verify your account balance?

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No I have not called the OC on the first debt but i have just continued to mail them checks.I know my balance though because i do have the very last statement they sent me before they sent the account to collections..When I requested dv from the debt collector they had record of the payments I had mailed to the OC as well and they adjusted the balance to reflect those payments.

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The Original creditor I just mailed the check to just called me. I was not home and saw the number on the caller ID. I want to call them back but am worried about what to say. How do I handle this one? 

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I know it's upsetting that you have been paying monthly like clockwork and they still send you to collections.  I just had that happen to me recently.  I even had one medical personal tell me to loan the money from someone because what I said I could afford to pay wasn't what they wanted.  Sorry you are going through this as well.  Hope all goes well.

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The Original creditor I just mailed the check to just called me. I was not home and saw the number on the caller ID. I want to call them back but am worried about what to say. How do I handle this one? 

Hopefully it's nothing.  But let us know! @nickysduck2

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They did'nt leave a message so I will just wait and see if they cash my check. If they do I guess i will write them and tell them I am doing all I can to pay them and request that they pull the account back from the collection agency. If they sold the account then im not gonna worry about this anymore. Im not paying the collector a dime. From what I have read it is is orginal creditor that will sue and not the collector so if they sold the account then they got a tax write off for it and what are the odd of them still suing?

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Im afraid my temper will get the best of me if I call them and I will say something I might regret. I see they did cash the check I just sent them though. I do plan to write them a letter today and request that they pull the account from collections.Just trying to think about what i need to say in it. 

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Just keep paying the OC.  Unless they stop taking payments (and few will) you are fine.  

 

The CA can NOT sue you as they do not own the debt.  I would send them a letter stating you have already made arrangements for payment and that they need not contact you except in writing.  

 

MOST providers have no interest in going to court and as long as you keep making payments the account is listed in good standing and should not go to suit.  No hospital wants to be seen as the big evil business that sued the poor patient who made payments regularly.  It is bad PR.

They can file suit on behalf of the OC.

 

You can ask until you are blue in the face to get them to prove they own the debt or were assigned it, they do not like to give up their contract for assignment unless it goes to court. hell even in court they will argue over this request.

 

If you want proof it will have to go to court to get it.

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I would also say this,,,if NCO has it it has been sold, NCO rarely collects on behalf of a client they normally purchase bad debt. If NCO claims they own the debt, do not pay them, they can be beat in court. Even if they are collecting on behalf of OC they can be beat in court.

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They can file suit on behalf of the OC.

 

You can ask until you are blue in the face to get them to prove they own the debt or were assigned it, they do not like to give up their contract for assignment unless it goes to court. hell even in court they will argue over this request.

 

If you want proof it will have to go to court to get it.

 

Not all states allow collection agencies to sue on behalf of the OC.  The poster needs to find out what his/her state law allows.

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I called the hospital which is the orginal creditor of the NCO debt and they said they would pull the account back from collections and had no idea why it was ever sent there since I had a perfect payment history.This account is fine now and I am continuing to pay the hospital. As far as the other account Im just going to continue to mail them payments every month. Im not avoiding payment and I honestly feel they would look dumb in court to sue me when I am making payments.

 

If they do sue then Im not scared. I have been to court before over a defaulted credit credit ( which I won) and know the ropes as far as my local court goes.I also have friends who have been as well and the judge who handles these cases is very fair. He will not issue a judgment on a person if they will agree to make payments on the account through the court first and since we are already making payments I feel I have nothing to fear. I am in Tennessee by the way and not sure if collectors can sue here but Im just gonna keep paying them and at least I can show the judge i have never avoided payment if it comes to that.

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I called the hospital which is the orginal creditor of the NCO debt and they said they would pull the account back from collections and had no idea why it was ever sent there since I had a perfect payment history.This account is fine now and I am continuing to pay the hospital. As far as the other account Im just going to continue to mail them payments every month. Im not avoiding payment and I honestly feel they would look dumb in court to sue me when I am making payments.

Glad it worked out for you.  

 

I doubt if they will sue you while you are making payments.  

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