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Neccros

Need Collection Advice

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I need some advice on how to proceed.

 

Had a CC debt with Bank of America and due to losing my job and not working for 3.5 years, I lost all my savings and unemployment.  I tried to settle with Bank of America and they offered a settlement of $9000+ on a CC debt of $16k.  I did find a job and offered them $200 a month to pay off the settlement but that wasn't good enough. They wanted 3 consecutive payments of over $3000 which if I was able to pay this, I wouldn't be in this situation!!  So we left it at the original amount having no luck reasoning with them.  I filed a complaint with the FTC but it fell on deaf ears.

 

The debt was sold and now owned by Cach, LLC represented by Mandarich Law Group, LLP of Woodland Hills.  They called a few times and I ignored it due to being pissed off not being able to settle, they now sent me a 10 day notice before they "attempt to sue".

 

How much should I worry?  What options do I have???   I currently am not working again with a very limited budget so I cant pay much due to owing the IRS and car payment, etc

 

Thanks,

 

 

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Start with denying knowledge and DV.  As they get crazy, file a complaint with the CFPB, the are already on the radar!

 

http://www.creditlaw.com/debt-collection-methods/bank-of-america-and-cach-llc-involved-in-suspicious-debt-collections-happenings/

 

DV??? And do I file a complaint now or after I get served with court papers???

 

 

Thanks,

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Actually, in re-reading your original post....

 

I see that you live in California.  The statute of limitations on CC debt in CA is 4 years.  Based on what I am seeing above, you may have crossed that threshold.  You DV the OC to find out what they say your debt is, when you last made a payment, etc

 

"As of January 1, 2014, debt buyers will be prohibited from filing collection lawsuits on debts past the SOL in California (credit card SOL is 4 years from date of last activity in California). But more than just a clearly worded prohibition, the Act contains a provision for a debt buyer suing on time-barred debt to be held liable for the violation “including, but not limited to, the amount of any judgment obtained by the debt buyer as a result of a time-barred suit to collect a debt from that person."

 

So if your last payment on this account is 49 months ago, they violated the CFDCPA because they implied that they would "attempt to sue".

 

I would send a letter to CACH that states that their letter violated the CFDCPA and that in lieu of YOU filing suit, you are perfectly willing to drop the matter as soon as you receive a letter from them showing account closure and deletion off all CRAs.  :p

 

CACH has been in trouble a lot lately.  If they don't agree to delete, file a complaint with the CA AG.

 

Understand this:  MAKE SURE it IS out of statute before you take any action with CACH.

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