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helpmycredit

CU Recovery HELP!!!!

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I've made some mistakes in the past, who hasn't?! I recently contacted the bank I owe a balance with a credit card and loan. The debt was charge off July 2009. My plan was to workout some type of deal with the original creditor, but the creditor referred me to CU Recovery the collection agency they deal with. Per the rep I spoke to the bank wants over $6000 when I only owe 3200 because of added interest plus the rep claims I was sued over the debt so I have to pay for that as well. I requested a settlement to 3500 along with a pay to delete.  She said the creditor isn't going to honor and not only that she said this stays in public records for 10 years. I did my own research and found that I have 0 records showing for public records with all 3 credit bureaus and I also did a search with my local county office and nothing appeared showing any info with my name regarding me being sued!!! l called back and asked her to provide me proof of me being serve with papers saying I had a court date. I'm sure I would have went. She said not all court info has to be serve and it could have been sent in the mail and no one can make me open my mail. Since I've had this conversation about a month ago. I haven't received a call nor a letter regarding this debt!! CU Recovery doesn't appear on my credit report but the info from the original creditor does.  I need some advice/recommendations on what I should do, please help!!!

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@helpmycredit

 

When was your last payment on the debt?  Has it been more than 3 years?  If so, the debt is outside the 3-year SOL.  If they sued, you'd have an affirmative and a possible FDPCA counterclaim for the filing of a lawsuit on a time-barred debt.

 

It's a shame you didn't record the call because her claim that you had been sued was an FDCPA violation.

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It's a shame you didn't record the call because her claim that you had been sued was an FDCPA violation.

I would not usually recommend calling a CA for any purpose (as the OP experienced they don't speak the truth), but this might cause me to reconsider...

 

I would not admit to anything regarding liability for the alleged debt when communicating with any party.

 

Credit reporting and debt collection are two different things. Leveraging the documented abuses of a debt collector can sometimes provide leverage to stop further collections and mitigate credit report damage.

 

Stating what you are trying to accomplish, avoid lawsuit, salve conscience, cleanup credit/PFD, etc. should increase the quality of the responses here. There seems to be a desire to settle. Perhaps expanding on the why would be  good start.

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What is FDCPA? Last payment was either 2008 or 2009 not sure what month.

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@helpmycredit

 

Fair Debt Collection Practices Act.   It details what debt collectors can and can't do.  Making false statements such as "you've been sued" when you haven't been is a violation.   However, you must have proof of violations.

 

You said "credit card and loan".  Is this debt the credit card debt or the loan?

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@helpmycredit

 

 

@BV80 both, I also mention to her SOL 3years for SC she said that doesnt matter since I was sued and the judge ruled in favor of Bank, still no proof though. Is it a good idea to send debt valudation letter?

 

If you had been sued, more than likely, the bank would have referred you to they attorney who handled the case because that attorney would be responsible for enforcing a judgment. 

 

In your first post, you wrote:

 

l called back and asked her to provide me proof of me being serve with papers saying I had a court date. I'm sure I would have went. She said not all court info has to be serve and it could have been sent in the mail and no one can make me open my mail.

 

Her statement is incorrect.  If you are served by mail, it must be either by certified mail or by commercial delivery.   In those 2 cases, the only way they could get a default judgment against you is if they have proof that you signed for the mail.  Here's the SC rules:

 

Rule 4:  Process

 

(d)(8) Service by Certified Mail. Service of a summons and complaint upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule may be made by the plaintiff or by any person authorized to serve process pursuant to Rule 4©, including a sheriff or his deputy, by registered or certified mail, return receipt requested and delivery restricted to the addressee. Service is effective upon the date of delivery as shown on the return receipt. Service pursuant to this paragraph shall not be the basis for the entry of a default or a judgment by default unless the record contains a return receipt showing the acceptance by the defendant. Any such default or judgment by default shall be set aside pursuant to Rule 55© or Rule 60(b) if the defendant demonstrates to the court that the return receipt was signed by an unauthorized person. If delivery of the process is refused or is returned undelivered, service shall be made as otherwise provided by these rules.

 

(d)(9) Service by Commercial Delivery Service. Service of a summons and complaint upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule may be made by the plaintiff or by any person authorized to serve process pursuant to Rule 4© by a commercial delivery service which meets the requirements to be considered a designated delivery service in accordance with 26 U.S.C. § 7502(f)(2). Service is effective upon the date of delivery as shown in the delivery record of the commercial delivery service. Service pursuant to this paragraph shall not be the basis for the entry of a default or a judgment by default unless the record contains a delivery record showing the acceptance by the defendant which includes an original signature or electronic image of the signature of the person served. Any such default or judgment by default shall be set aside pursuant to Rule 55© or Rule 60(b) if the defendant demonstrates to the court that the delivery receipt was signed by an unauthorized person. If delivery of the process is refused or is returned undelivered, service shall be made as otherwise provided by these rules.

 

 

There would be no record of your signature and acceptance of any mail, and  you say there's no record of a judgment against you.  That being said, it doesn't mean that they couldn't filed in the wrong court.   But, more than likely, there's no judgment, and she was lying.

 

 

A DV letter is sent in response to a first collection letter that contains the 30-day notice.  If they haven't sent such a letter, they wouldn't be required to respond to your DV.

 

However, you could give it a try.  You might state that your letter is in response to your conversation on whatever date, and that you are requesting a copy of the alleged judgment and see what happens.  If they respond, let us know.

 

BTW, I would not speak to them again.  Definitely do NOT offer to settle any more debts that are outside the SOL unless it's being reported on your credit report, and you need for it to show that it's been settled.   If you don't need negative entries to be shown as "settled", don't make any offers or payments.  A payment could reset the SOL for another 3 years.

 

I know that you were willing to settle in return for a pay for delete, but there's no way of knowing how often creditors agree to delete in exchange for a settlement.  I don't believe it's often.   In addition, a collection agency could not make such an agreement without the permission of the creditor for whom they are collecting. 

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