camping mom 0 Posted September 9, 2015 Report Share Posted September 9, 2015 I am wanting to start negotiating for a possible settlement with a collection agency. What is the best way to verify if they still have the debt? Quote Link to post Share on other sites
11fayez11 0 Posted September 12, 2015 Report Share Posted September 12, 2015 First of all my friend nobody owes a debt collector anything . You never had a contract with them ,they never loan you one dime.So they can never verify the alleged debt.If I was you I would send them a validation letter certified reciept return, what that do is they have to validate or stop collection.Notice I didn't say they have to validate, but in order to continue trying to collect they do.Ask the m for the contract with your signature. Plus if you were going to settle you never do it with a debt collector that should only be done with the original creditor.At this point the OC probally have sole the debt.Which debt collector are you dealing with and who is the OC? Have you gotten any written communication from the debt collector and how long ago we are trying to see what options you have?I basically need more info to let you know what I would do if I was you. THis is only educational and not in any way legal advice for that is illegal and I am not nor will I ever want to be a lawyer.That is not suggesting that all lawyers are bad. Quote Link to post Share on other sites
Clydesmom 1,218 Posted September 13, 2015 Report Share Posted September 13, 2015 Notice I didn't say they have to validate, but in order to continue trying to collect they do. NOT exactly. If they consumer disputes within the first 30 days of initial contact they have to stop collection efforts until they validate. If that 30 days from initial contact has already passed or the consumer sends DV in response to finding the trade line on their credit report or another indirect method of finding out about the debt the FDCPA laws regarding ceasing collection efforts DO NOT apply. They can continue despite DV. Ask the m for the contract with your signature. The ONLY thing a creditor must supply as part of DV is the name of the original creditor, the amount alleged to be owed, and the address IF the consumer asks for the address. PERIOD. You can ask for the contract (which doesn't exist in credit card cases), you can ask for statements, to be named Pope and anything else which they are free to ignore. FDCPA does not require the contract be produced you need to stop telling people this, especially since many courts don't even require a contract with signature in credit card cases. Plus if you were going to settle you never do it with a debt collector that should only be done with the original creditor. That isn't always possible. If the debt has been sold the OC is no longer in the picture at all. If the OC still owns the debt and has a clear contract that states once it goes to collections they cannot settle that the CA must handle it then the consumer will have to deal with the CA. Quote Link to post Share on other sites
Clydesmom 1,218 Posted September 13, 2015 Report Share Posted September 13, 2015 I am wanting to start negotiating for a possible settlement with a collection agency. What is the best way to verify if they still have the debt? The BEST way to verify who has the debt is to check your credit reports and see what is reporting. Does the OC still report? If so, does it say sold to another lender? If so, who? You can use a free service to peek and see what is what like CreditKarma for this. Another option is to call the original creditor and ask who to send a settlement offer to. They will either say "us" or who they sold the debt to. I would recommend taking anything the other person gave you with a grain of salt and a LOT of caution as they may be a previously banned poster who has come back to dispense bad advice again. Quote Link to post Share on other sites
camping mom 0 Posted September 17, 2015 Author Report Share Posted September 17, 2015 Hi thanks for responses. Portfolio Recovery Assoc. Has the debt. I do not have the money to settle with them at this time. It is for $12,000. I would like to avoid being sued. I am in CA. Quote Link to post Share on other sites
camping mom 0 Posted September 17, 2015 Author Report Share Posted September 17, 2015 The first letter from them came about six months ago. I was not aware of requesting DV at that time. Can I still do that now? Quote Link to post Share on other sites
TomnTex 389 Posted September 18, 2015 Report Share Posted September 18, 2015 No! You only have 30 days after you RECEIVE their letter. Find out how long the debt was not paid and go four years from that DOFD date ant that is when your 4 year Calif. SOL will run out. Do NOT pay them a dime as that will reset the SOL, you may be past it and safe now, you will only know after you know how old it is. At this point, just lay quite and don't stir anything up, it may pass and you will be safe. Stay off the phone and do not call them or talk to them as they will try to get you to agree with them or pay them. They love to use scare tactics. You can NOT go to jail, even if they threaten you with it. DO NOT allow them access to your checking/banking info or accounts. If you do pay, use a postal money order, get it in writing and send CMRR. Good luck. Quote Link to post Share on other sites
camping mom 0 Posted September 18, 2015 Author Report Share Posted September 18, 2015 No it has only been over two years almost three. My SIL has been served twice in the last month so I am worried. Seems they are suing more often. I do not want to go to court. I hate this hanging over me wondering if someone will serve me. Quote Link to post Share on other sites
shellieh98 1,505 Posted October 16, 2015 Report Share Posted October 16, 2015 CA has pretty consumer friendly laws. We have many winners here in cali. If you do get sued, we can help you fight it. Quote Link to post Share on other sites
