Bill Collectors Harassing You? Action Can Be Taken - It's Your Call
95Making The Right Moves...
Knowing The Ins and Outs of Collections and Credit
Did you know?
A Debt Collector can not call you back if you hang up on them, for 7 working days. They cannot threaten to sue you either. Unless it's absolutely their usual company process. Threatening to sue you, and then not suing, is actually a violation. They are not allowed to curse at you, or say things like, "we'll take your house", and "we'll put you in jail", or we'll ruin your credit", or "we'll call you repeatedly", and so on. You can hang up on a bill collector, and if they are compliant, they will not call you back until the folllowing week. Unfortunately many do call back, harass, oppress, abuse, and violate the laws left and right.
You want to know about this, because even people who pay their bills are being harassed by debt collectors, on an hourly daily basis. That's right, you pay your bills, and still get harassed. To the tune of the next 10 years to come believe it or not! I'm one of them. Here's what is going on with many, many people around the world.
One Example Scenario: Very Common
You have a credit card for example. You pay the debt in full, and close the account. You think it's closed, and that's the end right? Wrong...unfortunately for all of us, these banks, creditors, and loan companies are selling the debts, over, and over, and over for a period of 10 years plus. In the recent years, while things were actually going bad, (under all the fluffer nutter in the news) banks, and credit card companies, and the like began struggling. The trickle down factor is that the little guy gets hurt when big creditors, banks and such struggle or go under.
What happens is they sell their written loans, credit card debt, and bad debts to cash out of the situation. They buy these accounts at a huge whopper of a discount. We're talking 2 cents per account. The bank has already received a tax break/write off, and has cashed out of the debt by getting .02 cents for it. Imagine if you will, you're $5000 credit card debt was just sold to another company for a whole .02 cents. The new owner of that debt get's to collect the full amount plus all cost, and inevitably interest on a Judgment if they sue.
When a Portfolio of accounts are sold, they are sold in batches of millions. Your one account doesn't have too much value all by itself. When a batch of accounts are sold, I have found, and witnessed "personally" a huge amount of accounts that are: Deceased, Bankrupt, Paid In Full, or previously Settled, are conveniently included in the batch.
They do this on purpose to make the batch Portfolio look larger, and more appealing. Only a serious buyer, with experience in the industry would know to do intense Due Diligence on the portfolio, to determine if in fact the batch has inserted files which will never be collected.
It doesn't matter how well you paid, if you paid on time, if you didn't, or if you went bankrupt. You're all batched together and sold, over and over too many times to count. You could be the perfect borrower, and still be harassed because of this. It is literally a living nightmare.
I will be exposing a few chronic offenders here on this hub to watch out for. Nevertheless, beware, and be on guard to these agencies buying debt. They usually run credit reports, which will leave a negative inquiry. The medical industry is absolutely famous for destroying peoples credit. Usually concluding in the end, it was their fault for not billing properly.
I have personally witnessed people being destroyed over some of the most rediculous things I've ever seen. Who do you turn to when this happens? There's no Credit Destruction Hot Line or anything to call. The credit repair scams will undoubtably rip you off blind, and the debt consolidation companies just want to play with your money. I haven't found one yet that pays anyones bills on time. They skim their fee's off the top, and that's their main priority.
If you think someone else is going to care more about "your" credit, and Your Bills...Think again. These companies are doing nothing, but inviting themselves into your wallet! Pay your own bills as best you can.
If you can't pay your bils, then go pick up a bankruptcy kit at staples, and file it yourself! It's self explanatory, and you can post any questions you have here. It's approx. $200 to file it, and comes in carbon copy, so press hard. Make a appointment for a credit counselling company to get the Voucher needed. Then go to the local Court House to file it, and pay your fee. It's called "Pro Se". You do not need an attorney to file any chapter of Bankruptcy. It stops all creditors from proceeding against you.
There are a few choices you have. Each one is labled as such, and explains what applies to each one. Home owners would file a Chapter 13, and so on. No assets would file a Chapter 7. The Clerk at the Court will let you know if anything has been filled out wrong.
This is one of your Consumers Rights, don't feel embarassed about it. It's a necessary component to assist the people, to gain relief. Those creditors who aren't getting paid have already taken a tax write off, sold the debt, and cannot even remember who you are.
All debts whether paid or not are being sold on a regular basis, (avg. every 3-6moths) for a period of 10 years. The bottom line is the tactics are out of control, and literally monopolizing all of our time. It is not going to get any better any time soon either.
Which is the reason I've written this hub. I'm hoping to help arm people with some necessary ammo to protect themselves, and their credit. I'll be happy to answer any questions, or listen to any cases of harassment. I was one of the first Collectors to be Certified in US. I was also one of the youngest females, and one of the first to sue in NY against "attorneys" for violating collection laws.
I successfully won the case against the 2 attorneys in the 80's for the violations. I was 19 years old, and my Mommy was standing in the back of the court room. lol. I had a stack of case histories in my hand, and showed the judge which laws they violated, and how they were certainly not exempt from the law, "because" they were attorneys, and I won the case. The judge shook my hand, and thanked me for educating him on the law. The court room (a public one) was roaring, and clapping.
It was quite an experience, considering how these two attorneys were treating me in the hall before the hearing. They thought they were going to make mince meat out of me...lol
Here's the best part. One of the attorneys involved was investigated by me, and others because of my case. It was also discovered that she had, and was imbezzling thousands of dollars from another client. She was immediately banned from practicing, and her license was pulled. She was also banned from the state of florida because of the case. Both ended up with permanent records for life, as well as losing major clients, etc.
That was when I was 19! I'm now 43, and I still haven't met anyone, including attorneys who have actually read the the Commercial Code, or the Federal Fair Debt Collection Practices Act, etc. I've actually read these laws, and memorize important sections that apply to the here, and now. Call me whacky? Maybe. I haven't lost a fight yet. Including how I got my $768.oo credit from Verizon, and how I got my other $368.00 credit from Verizon, and my $1100.00 credit from the Electric Company, and the fight with the Vitamin Store $$230.00, and the appliance company for $60.00...Should I go on? There's more...lol
When you know the contents of the book you're throwing at them....boy does it help! lol The moral of this story is yes life is a constant battle...but if you arm yourself with at least the things that coincide with your money, your assets, and your credit you will be much the wiser, should something go wrong...and it usually does. Sticking together, and sharing knowledge is the best way to gain education, use others education, and in turn become educated along the way.
I have won many cases, and actually played a small part, (or maybe a large one who knows) in many of the laws in collections being changed over the years. I have had very large agencies shut down in roughly 24 hours, of learning of their illegal practices. One of the largest I had shut down, I had worked for for years. I never had to break any laws, as a matter of fact, I enforce them constantly.
Consumers need to have someone on their side, as far as I see it. Who better than someone who is fluent in the law, and experienced in the industry. I'm well respected, and also feared by many in Collections. I could be a danger to them if they're doing anything illegal. I used to work with the Cheif Investigator at the FTC, exposing geological scams. Then we moved onto Collection firms, because the abuse became so rampant. Then he retired, and I continued.
By the way: This is important. Beware when Settling a Judgment for less than the full amount! If you pay less than the full amout owed, including all the interest (which will be calculated) you are going to receive a 1099 in the mail from the IRS. All courts have to report satisfied Judgments. They never tell you this either. Whatever you "Don't" pay on a judgment is counted as, "Additional Income" for the year, and will absolutely come back to haunt you, and totally screw up your taxes!
Here I am today...Ask anything you want about Collections, Credit, Debt, Banruptcy, and your variety of financial dilemmas.
Attorney Reveals Foreclosure Facts to Help Consumers!
Humanitarian Efforts U.S. Free Information
- Foreclosure Options - Answers - Facts
Our economic collapse has sealed the fate of many. It wasn't planned by them, nor did they even know what was about to happen to their lives. This hub will guide you to more options they don't want you to know! Must read/watch short video. - Legal Assistant Settles Debt for Consumer...Read What Happened Next
This case is a milestone for me...They (Mr. Big Bank) won the battle...but I won the war! Must read - Great insight into the dirty debt industry - Interview With A Legal Assistant
Read about what goes on in the debt industry - MotherGoddessEarth.com Nationwide Non Profit Corp. - Law Firm
Specializing in education to the public! The Universal Language Of Love
Paid Debt Sold 25 Times! Read the latest Complaints: Dec. 2009
Here's the latest Complaint filed against the 17th Firm (one week ago Dec. 09) who has purchased this paid debt from 1999. I'm still pinching myself, to make sure this is actually real...lol...The complaint worked, and the calls stopped suddenly. I'm waiting for proof now. I am not impressed with this firm at all. I'm quite underwhelmed.
Farmingdale, NY 11735
Greetings;
Let this serve as Official Complaint, and Notification to Cease & Desist all your collection activity immediately, directly, or indirectly with me. You are hereby notified in writing that this is a paid in full debt from 2003. This is an Official Dispute, and Complaint against your firm(s).
You are in violation of my Consumer Rights! Not only is this debt paid, but it was paid in 2003, as it clearly states on my credit profile. You are now the 17th firm to buy this paid debt.
Had anyone done proper due diligence on the paper you're buying, maybe this could have been avoided. There is a clear statement to that effect on my credit report, and you are in violation of several laws.
First you will immediately file a Discontinuance, closing this case. You will close the file, and agree that you will not Resell it again. You will remove your Inquiry from my credit report, and any derogatory account reporting. You will forward me a letter of confirmation the case is closed, with confirmation that you have destroyed the file, and removed all my information from your system. You will also forward me copies of the entire file.
Should you fail to do so, I will continue filing complaints with every entity governing law firms, and collection agencies, and proceed to the fullest extent of the law.
Being in the industry for 28 years, (in many capacities) I will not allow this to go any further. I find it to be lacking logic, that you're buying paper beyond the statute, already beat to death by at least 15-20 firms across the country. I've actually been tracking this the whole time.
Since your firm has taken a daring approach to the collection of old paper, you can also take what goes with it, an official complaint.
Proceed at your own peril,
*Copying certain officials as indicated below.
Letter 2: Past The Statute
PR Associates Po Box 2480 Neverland, Mn. 40802
Attention: Federal Compliance Dept.
To Whom it may concern:
You are hereby Officially Notified to Cease and Desist all collection activity directly, or indirectly with me. I am disputing the validity of your alleged claim. You are in violation of my Consumer Rights, and violation of Federal Fair Debt Collection Practices Act. Your attempts to threaten me into payment of a debt exceeding the statute by more than 6 years. Furthermore, it is deceptive practice to harass, oppress, or abuse an individuals rights, under which my rights have been violated by you.
You are hereby Ordered to destroy the file immediately, to insure continuous harassment ceases. Should you fail to this immediately (upon receipt of this communication) you will be held liable for any future harassment from factoring purchasers, agencies, law firms, etc.
Confirmation within 5 days from receipt of this Official Notification sent to you certified mail, requires your prompt attention to this matter, under several federal acts, including the commercial code. You are required by law to respond to this communication within 30 days or less. Heed this warning, as you are now under federal scrutiny of compliance with all prevailing federal laws.
Proceed at your own peril.
Thank you for your cooperation in this matter.
Miss. Consumer
CC: Federal Trade Commission
Regional Office: Consumer Complaints
6th and penn, sw
Wash. DC. 20600
Attorney General State Of
Attorney Local, Esq.
You Can Copy and Paste these letters: Compliments of MGE Non Profit Corp.
Actual Copy of Complaint Against Law Firm
This is an actual Complaint written by me, for me against a company (Law Firm) my favorite...lol...who has violated my rights to an extreme. I have an attorney looking into it now, who has already won a case against them, and Trans Union, for the very same reason. This is a real life, current situation I am going through. Ironically even with all my 26 years experience, I too have become a victim countless times.This is an actual copy of the letter that has been sent to them. Nothing in it has been changed. (note: no longer formatted for court purposes)
Dec. 29, 2007
VIOLATION OF FEDERAL LAW:
FDCPA Violation(s), FCRA Violations, Consumer Rights
OFFICIAL NOTIFICATION
To whom it may concern; GREETINGS
You are hereby Ordered to, "CEASE & DESIST" from any further collection action, or activity directly or indirectly with the above named consumer. This debt is in official dispute, you will provide copies of an itemized breakdown of the alleged debt owed.
In compliance with the U.S. Commercial Code, you are required to respond to this, "Certified Return Receipt Requested" written communication within (30) days.
Failure to do so will result in violation of the U.S. Commercial Code, by your company.
You are now under State and Federal scrutiny, for violating the, "Federal Fair Debt Collection Practices Act", A Consumers Rights, and possibly additional, "Federal Act's".
The following
Sect. 804. (15 USC 1692b): Acquisition of location information: Not state that a consumer owes a debt. Prohibited use of of language or symbol on any envelope, or in the contents of any communication indicating the communication is from a debt collector. Third party disclosure on an answering machine several times.
Sect. 805. (15 USC 1692c): Communication in connection with debt collection: Third party disclosure on an answering machine.
Sect. 806. (15 USC 1692d): Harassment or abuse: Causing a telephone to ring repeatedly 2 - 4 times per day for an extended period of time..
Sect. 807. 15 USC 1692e): False or misleading representations: (A) the character, amount, or legal status of any debt. (5) the threat to take any action that cannot be legally taken.
Sect. 808. (15 USC 1692f): Unfair practices: Using any language or symbol other than the debt collectors address, on any envelope when communicating with a consumer by use of mail.
Sect. 809 (15 USC 1692g): Validation of debts: (a) within (5) days after the initial communication; send a written notice containing- (1) Amount of the debt; (2) Name of the original creditor to whom the debt is owed to; (3) A statement that unless the consumer, within thirty (30) days after the receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid;
Sect. 811. (15 USC 1692i): Legal actions by debt collectors:
(a) Any debt collector who brings any legal action on a debt against any consumer shall --
(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.
(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.
§ 812. Furnishing certain deceptive forms [15 USC 1692j]
(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
(b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.
§ 813. Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and
(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.
(b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors --
(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or
(2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional.
(c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
(e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
Each section of the Act listed here has been chronically violated over & over & over.
The phone calls, the constant harassment, the endless Third Party Disclosures on my answering machine 4 & 5 times a day will stop immediately. You literally harassed me now for well over a year with no end in sight! I have repeatedly hung up on your calls, only to be called right back the same day, and the next day. In all my years in this industry I have never seen such a blatant case of chronic daily violations.
In your attempts to collect a prior paid debt, you have just created the worst case of harassment against a consumer. You obviously have not done your due diligence properly, on paper you buy. You have literally called me every single day (3-4 times each day, even after you were hung up on) for over a year now for a paid debt. It clearly indicates on my credit report, which you were not authorized to access, that my debts are paid. I am worse than outraged!
You are not only violating my rights, as a consumer, but have also prevented my life from moving forward. Even after requesting you stop calling here, you continue to harass me non stop every day including Sunday!
Not only does it state those facts on my personal credit report, but it also states I am debt free for over Five years.
Your Alleged Summons & Complaint was allegedly served on an address that doesn't even exist! Your bogus court documents are a fake. You are merely conducting a mail blitz to see who you can scare into paying you. Sewer service has failed you!
I am extremely fluent in all the laws governing your industry. After researching it, I've confirmed you are absolutely CHRONIC OFFENDERS of violating all the laws of this industry.
All of your highly illegal activity is documented, grounding it in stone. Copies of this Official Complaint will be sent to each entity below, and action will be taken against you to the fullest extent of the law. You are now notified, and will answer to my attorney*, and the governing bodies listed here. A copy of this complaint in email, paper, or fax will be considered original.
Proceed at your own peril,
CC: Federal Trade Commission
600 Pennsyvania Ave., N. W.
Wash. D.C 20580
Anand Ahuja, Esq.*
101-70 Lefferts Blvd. Ste. #2
Richmond Hill, NY 11419
718-850-1952
Dept. Of Consumer Affairs
Complaint Division
66 John St.
NY, NY 10038
212-361-7770
Better Business Bureau
of Metro NY
257 Park Ave S
NY, NY 10010
212-358-2800
NYS Bar Association
1 Elk St.
Albany, NY 12207
518-463-3200
ACA International
PO Box 390106
Minneapolis, MN 55439
952-926-6547
Commercial Law League Of America
70 East Lake St.
suite 630
Chicago, Il. 60601
312-781-2000
Some Things Going On:
This is a copy of a case I was following. 2006
FTC Stops Nationwide Debt Negotiation Scheme
September 22, 2006
Sentinel 5162
As requested by the Federal Trade Commission, a federal judge has issued a temporary restraining order against a nationwide operation that claimed it could reduce consumers’ debt by up to 60 percent, leading many people into financial ruin and bankruptcy. The FTC charged five companies, including Homeland Financial Services, National Support Services and Prosper Financial Solutions, and their principals with deceptive and unfair practices in violation of Section 5 of the FTC Act.
“These defendants are charged with targeting consumers who were knee deep in debt and luring them with false promises,” said Lydia Parnes, Director of the FTC's Bureau of Consumer Protection. “Consumers should be leery of anyone who says they can eliminate your unsecured debt, or that you can pay it off for pennies on the dollar. Debt negotiation can be very risky.”
According to the FTC’s complaint, the defendants have falsely claimed that, for a non-refundable fee of up to 15 percent of a consumer’s unsecured debt, they could reduce all of their unsecured debts, including credit card balances and medical bills, by as much as 40 to 60 percent. To the extent that the defendants initiate negotiations with creditors, they typically have begun only after a consumer has paid 30 to 40 percent of the fee, which could be up to three months after a consumer has stopped making payments to creditors, as the defendants have advised them to do, the complaint stated. The defendants rarely have negotiated settlements with all of a consumer’s creditors, and even when they have successfully negotiated an account, in many cases, the settlement amount is significantly more than 60 percent of what they owe.
In many instances, the complaint stated, the defendants have not contacted a consumer’s creditors to offer a settlement, and consumers who have stopped making payments have been sued by creditors or debt collectors, resulting in garnishment of their wages, additional interest charged to their account, interest rate increases, and late fees. According to the complaint, many consumers who have enrolled in the defendants’ program have seen their credit rating worsen substantially, and typically within six months of enrolling, most consumers have left the program and have found that their debt has grown as a result of penalties, fees, interest, and other charges.
The FTC charged the defendants with misrepresenting how much they could reduce consumers’ debt; not adequately disclosing the likelihood that consumers would be sued if they took the defendants’ advice and stopped making payments to creditors; not disclosing that consumers’ account balances would grow from interest, interest rate increases, late fees, and other charges; and falsely advising consumers that negative information that appeared on their credit report as a result of participating in the defendants’ program would be removed upon completion of the program.
On August 9, 2006, the court issued an ex parte temporary restraining order against Homeland Financial Services, National Support Services LLC, United Debt Recovery LLC, Freedom First Financial LLC, and USA Debt Co, LLC, and their principals, Dennis Connelly, Richard Wade Torkelson, and Joanne Garneau (doing business as Prosper Financial Solutions). The order froze the assets of defendant Dennis Connelly and appointed a temporary receiver over the defendants' businesses. On August 11, 2006, the court extended the asset freeze to defendants Richard Wade Torkelson and Joanne Garneau. A hearing on the issuance of a preliminary injunction and the appointment of a permanent receiver is set for October 11, 2006.
The Commission vote to authorize staff to file the complaint was 5-0. The complaint was filed in the U.S. District Court for the Central District of California.
Some of My Favorite Sites
- Home - MotherGoddessEarth.com
Nationwide Non Profit Corp. - Faith Based Matriarch Society and Lifestyle. Creating Self Sustained Green Options for people to rebuild their lives. Operating through Love. - FTC: Federal Trade Commission
I had to remove the copy of the Law itself, it was too large. It can be found at this link. All Laws are at this site. - My Fav Law Site
To look up Laws, and Cases - CrimeTime.com
The best site when you need to find somebody! All Skip Tracers use this site - SkipEase.com
Another Favorite among Skip Tracers
CommentsLoading...
I own a business and the former owner signed a contract with the phone company for advertising in 2001. I purchased the company in December 2006. Now I am getting harassing daily calls and theats to damage my credit. I asked to see a contract with my name on it, the said the company owes the money and that is who the are after. Since I now own the company they are after me. All of the laws protect consumers, but not companies. What can I do ??
Hi Jeff! Thank you for your comments
Are they a Collection Agency? If yes, then they are absolutely required by Law to supply you with copies of the said debt.
What jumps right out at me is the Statute Of Limitations appears to be up! This just proves again, that they continuously sell our debts over, and over again.
Legally it's beyond Statute Limitations, they cannot Collect. Don't feel pressured, or bullied on the phone..You have a long list of Rights that entitle you to every stitch of documentation, you won't need it though.
Simply write a demanding letter instructing them to Cease and Desist from all Collection activity immediately, Certified, Return Receipt Requested. Site the fact that they are well beyond the Statute of Limitations, as well as harassing an unrelated "Third Party". Keep me posted I'll be interested in knowing what happened. You can copy some of the body in the complaint above. That's why I posted it. To guide people how to write strong complaint letters.
Take care, and Beware!
Thanks for the input, it's exactly what I want to hear about.
Dawn
How informative!
An exhaustive INFORMATION. You could write atleast 3 hubs with this material.
i rated it up. I wish i could it thrice.
jyoti kothari
"http://hubpages.com/_income/hub/earn-billions-on-n >Forget millions, earn billions on net</a>http://hubpages.com/_vardhamangems/hub/Motivation-
Thank you so much!
All of my hubs are information I've been literally storing up since I was around 17. I started working with the Marshals when I was 19, and the industry seemed to need more people like me. People who gave a hoot.
I have helped countless families gain back control of their situations with what I know, and I'm sure I'll continue. I have a well developed photographic memory, I'm able to memorize, and recall everything I read...if I deem it important.
My hubs are way for the general public to pick my brain, and use what I know. It's all for good...and I'm a firm believer in Good always wins in the end.
Glad to see you here too!
Talk to you soon! Thanks for reading, it's important to get this out to everyone. It can save one a world of trouble.
Thanks again,
Cheers!
Dawn
If a bill colector goes out of ther way to get your cell phone number and continuasly call you on your cell phone runnig your bill up is ther something that i can do about that
You bet there is!
You need to get the address for the company and send them a Cease & Desist letter immediately. You can use some of the body in the letter above for the wording. You want to instruct them to stop calling you, and provide full and complete documentation of the debt. You would want to send that Certified Return Receipt Requested. Under the Commercial Code, they have 30 days to respond. Copying the Authorities is also a handy way to stop someone in their tracks.
Many of the sections which apply to that are also there in the letter above.
A Bill Collector may not continuously call you ever. They can leave one message in one day. Not more than one. If you hang up on them, they cannot call you back, If they do they are in violation.
Also you can Go into your cell phone, and block the number possibly. Make note of everything they've done, and continue to do, from the start that you can remember, in case they don't stop. Then you have a serious Compliance case, and can win Money damages. Keep me posted.
Thanks for the comments, and visit.
Dawn
I had back surgery 2 1/2 months ago and I am slowly getting back on my feet financially and all of my creditors have been informed of my situation and have been promised to get their money, just not on time. I still have one that will call me several times a day until I answer. I tell them that I don't have the money and will pay it as soon as possible. They keep telling me the only way to get them to stop calling is to give them a post-dated check. Do they have the right to call me this much?? Thanks
Hi Mark:
So sorry to hear about your back, I hope you're feeling better. That really is what's important.
A Creditor is usually allowed to keep a delinquent account up to 210 days max, with activity pending. The only way to de-age a Credit Card/Loan type debt is to make a minimum payment. This will bring it back 30 days, and allow the Creditor to hold onto it for another month. The actual Creditor not someone who bought the debt.
Typically accounts are written off at 180 days delinquency, being called each week or more...all the while. Each dollar must be accounted for, and substantiation for what has been written off as well.
Medical Bills/Hospital Bills will usually accept small monthly payments, due to obvious circumstances beyond your control.
Before making your next move, carefully analyze your situation. Determine (through math alone...no emotion) what your financial abilities are, and then deduct from there. Prioritize things in a Triage manner. Most important, to least important.
Upon analyzing the situation, if it's determined you cannot pay in any way...then you file Bankruptcy. It's a dictated, mathematical equation. There is no emotion, and it is strictly standard procedure, when you become a victim of circumstance. Something beyond your control, unplanned. This "is" the appropriate time to exercise your consumers right to protection. The very same way a large corporation files for protection.
A "Post Dated Check" can be accepted by Collection Agencies, and Law Firms "ONLY". The actual creditors do not have to honor a post dated check, including a Hospital, nor does any merchant.
It's typically used to stop collection activity, and commit to paying the debt. A "Mandatory" Notice of Deposit Must be sent to a party that has issued a "Post Dated Check" (No less than 5 days prior to the date on the check) to an Agency/Law Firm handling Third Party Collections, for any check issued.
No Company has the right to call your phone repeatedly, ever. Make note of the incoming calls, and keep a good log, it's also on their own phone report. If it continues, and you put them on notice in writing, they must stop. Everything is relevant and pertinent to your situation. Violations will mount if they don't stop.
There are many things to consider, the first is not to feel pressured by a phone call. You have the right to hang up on them if you feel threatened in any way. They cannot call you back once hung up on, if they do it's a violation of Federal Law.
It's best to make a small monthly arrangement, and try that approach if possible.
If they continue to call you like this...that's violating your rights, and would fall under harassment, and abuse.
Creditors themselves, are also being charged with violating the Federal Fair Debt Collection Practices Act
Hospital debts are considered "Sensitive Debts" because of the new health laws. As far as I'm concerned they always were. I've personally collected Sloan Kettering's accounts in the past, and had many a great conversation with patients from there.
Keep us posted, there is much you can do to restore your control in this.
Good luck, and Feel Better!
Please read my other hubs, there's a host of info for back pain, and many resources.
Thanks for the visit, and comments,
Dawn
:)
I should have been more specific with my explanation last night. The bank that keeps calling me is citifinancial auto. Any time I am a week late, they start calling. I am not more than 3 or 4 weeks behind on anything. I am just trying to get back to where I should be and they are just annoying the crap out of me and refuse to stop the calls eventhough I will most likely make the payment next week which will be 3 weeks late. I even asked them where to take the car so they can reposess it and they said they don't do that. When they asked why I don't want the car anymore, I said "so you will quit calling me every day". I really don't have intentions of letting the car get taken back, but it would make my phone quit ringing. The operator I spoke to last would not let me talk to her supervisor because I did not have a good enough reason. She also told me there is no way to make the calls stop. I have not missed a payment in 3 1/2 years and have just recently startde making delinquent payments. they have offered to let me skip a payment by postdating a check, but I do not want this loan to go one more month than originally agreed upon. Thank you for your help.
PS my back has been great! thank you for your concern.
I forgot. What about the next few months while I try to get caught up??
Well that puts a spin on things...lol
Until you go 30 days past the due date, you are not late. Feel free to put a notice in writing that they are to immediately stop calling you, and must now communicate with you in writing. Certified Returrn Receipt Requested always. Copy a few Authorities for good measure as well. They will have to abide by that, especially if it's your cell phone.
Now that the Market has Crashed you're going to see a lot more abuse of the laws, and people getting more desparate, including Bill Collectors.
Just continue as you are, you're doing fine. Consistency pays off in the end anyway.
Block the call if you can. But inevitably they must abide by the letter you send.
Good luck, let me know if you continue to have a problem.
Take care,
Dawn
thank you for your help. You are too kind to give this information out without charging a fee. Thanks again and take care. Mark
Thank you Mark.
I know that if I tell you, you will hopefully tell your friend, and so on. Pretty soon we'll all be educated on these subjects, and they'll never get away with this anymore!
I've owned, and run several different companies, and I find that educating people on the things the culprits don't want you to know is quite effective.
Please feel free to raise a question any time.
Take care, and thanks for visiting!
Dawn
UPDATE:
The company who the above complaint is directed at...is still harassing me.
What that means is they are continuing to rack up violations, while I ignore their constant calls. Keeping in mind, they are trying to collect a debt which was paid in 2003.
The next moves will be to file suit against them.
Here we go again. Please alert me immediately if you too are being harassed by the same firm. There is discussion already of a major Class Action against them.
I'll be posting updates as we go.
:)Thanks for the feed back!
Dawn
Wow! There's some scary stuff here.I've never actually had a debt go to collection, but I did have my mortgage company call me for a late payment just last month. It was 1 day late! (got held up in the mail). I guess the subprime debacle and foreclosures had them on edge. They were a little bit pushy (especially for a 1 day delinquency) but they never threatened to take action.Thanks for the useful information!
Your Welcome...Joe!
A personal quest of mine. I am not happy with any of this going on. This Hub will hopefully expose what's going on, and help educate people...for free.
For the good of the many. Spread the word!
Thanks for your comments! Watch for the Updates... :)
Dawn
I just stumbled across your hub and I think that it is great. I got so screwed on a car between payments and constant problems that I finally gave it back. Now they won't leave me alone. It is my own fault but the call constatly and wake my new baby up. I know that I owe the debt but the call once in the morning if I hang up they call back if I hang up again they call back again. Then they will call again at night and call my fiancee a liar when he says that I am not home. Which is true but they still shouldn't say that. Because I do owe the debt and it is my fault is there anything that I can do? Just an FYI I am not a bum I had a baby and for financial reasons I have to stay home with her. Plus it is better for the baby to be with her mother. I only make $220 a week is there anything they can really do?
Thanks,
Melissa
Hi Melissa!
Thanks for visiting, and commenting.
The situation is unfortunately typical. However you can stop them if you get the necessary information on them. The copy of the complaint letter above gives you some of the wording to send them a Cease & Desist letter by Certified mail. They definitely sound like offenders, and I would set out to get all their info. the next time they ring your phone.
Depending on where you live, they would be limited at to what they can do. Calling you back after you've hung up on them is a definite violation of the laws. Everything you've described is just another example of how rampant this abuse is.
They are attempting to collect a deficiency balance on a car installment loan. Large balances usually get the most attention. They usually must verify an Asset of yours in order to sue you. Typically they will not sue unless an Asset can found to attach.
If you're in a Garnishment state, they would only be able to take $22 of your gross pay check, or 10%. They would have to have already sued, and gotten a judgment, and began executing on it.
Should you wish to take further action, you can email me further details at: AlertPatrol@gmail.com
The only thing they seem to respond to is educated people who put them on notice legally. Otherwise they seem to think they are above the law, as I've witnessed too many times. As long as they think they can get over...they will. You may qualify for Bankruptcy too, which is always an option to consider.
This is a "Bottom Feeder" Industry, and since the market crash I'm seeing a substantial increase in violations.
Most importantly: Congrats on your New Baby! :)
Don't take the calls, and send them a Cease & Desist Letter, and spend some time deciding what your next move is. You always have options, don't worry! :)
Take care, and stay in touch!
Dawn
Is there a law against companies calling on Sunday or only during certain hours to collect a debt? I am a little behind on both first & second mortgages and they call constantly, even on Sunday.
Hi:
They are allowed to call on Sunday, unfortunately. However you can put them on Notice. Send them a letter instructing them to communicate through Mail Only.
Creditors themselves (who are collecting on their own behalf) have been named in Collection Violation Law Suits. Even though they are not totally bound by that particular Act, they have been held accountable in spite of that.
A delinquency on any account will literally invite them into your life, but you can still send them a letter by Certified Mail telling them to stop.
If you'd like to explore some options I have for people to consolidate, to get out of situations like this, I may be able to help you. You can email me direct at: AlertPatrol@gmail.com
Good luck, and take care,
Dawn
Sorry that it took me so long to respond but thank you so much for your help. I will start with the letter and I will let you know what is going on from there. I actually think that there are two companies coming after me for the same car debit. Wouldn't that be cute. Oh well. Thanks again!
Melissa
Hi Melissa:
It's very possible that the debt was sold to more than one company. It's not a well managed part of the industry.
The debt in the complaint letter above, the one I paid in full over 5 years ago has now been sold to yet another law firm! Who is also proceeding to harass me. It really is unbelievable that companies have resorted this.
Meanwhile, with this type of activity going on, it is going to have the same, if not worse rebound affect that the Brokers had on the Banking/Mortgage/Real Estate industry, Fraud is what Crashed everything.
Now it's apparently Ramped up the Collection Industry, along with the Factoring Industry. Being the Main "Bottom Feeders", they are incorporating even more illegal tactics to cash in on Bad Paper they bought.
With the Crash of the Market, you can imagine how many people can't pay their bills now. It's overwhelming to every entity involved in the chain.
From the Creditor, to the Sheriff who serves the final papers, and everyone in between. Many people are now swamped with legal action from debt owed.
I'm hoping to spread the word on various ways of handling this growing problem.
Good luck and stay in touch!
I had a loan with Americredit on my truck, my bankruptcy was discharged last week, and they have made no attempt to take the truck back. It is worth over 16k still, even though I paid more than I borrowed already, I still did not pay it off due to interest. I have heard of companies that never come for the vehicle after a chapter 7, but they were worth significantly less. How long do they have to ask for the truck back if they are going to take it. And do I still have to have it fully insured in the meantime?
Americredit is a paper funding agent, they would charge back to the Dealer, (if possible) if a loan goes bad, and they could farm it out to a management company also. That's your typical situation. They can Collect any way they choose within the law. They are the lien holder, so they make the final decision on what move they make.
It's quite possible they may just close the case, and not come to pick it up. It's at the discretion of who holds lien, and their company policy. All creditors have the right to forgive a debt, although uncommon it has happened. I'm thinking it's not likely.
They are definitely entitled to it legally, unless certain factors are present.
Some factors that I would need to know: The State Filed, Was the Loan Delinquent at the time of filing, was it counted as an asset, or a current liability. It could also be exempt.
Depending on how much was paid, and how much equity it may have had, that would dictate certain things in a Bankruptcy.
I wouldn't make any hasty moves just yet, until you've confirmed your position. Insurance is up to you, although certain areas require you to have a vehicle insured to have it parked somewhere.
Please keep me posted.
Thanks, for visiting, and posting your question!
Extensive article!
A great resource for UK Debt matters is http://www.debtadvisersdirect.co.uk/Debt-News.asp
Cheers
Thanks so much John!
I appreciate the feedback. The link is great.
Take care,
Cheers!
hello!
One of my credit card companies (after not receiving a payment for over seven months) has turned my account over to a bill collector.
I talked with her for the first time a week ago, and told her that I would call her back in seven days. She instead called me (not before seven days) to inform me that my account had been 'approved' for a legal action if we don't take care of this immediately.
Right now I have no way of paying this or any other credit card bill, and my questions are:
Isn't she jumping the gun a bit? She's only had the account for one week.
Also, how long do I have before she truly can sue me?
And lastly; how much money owed would be enough to be worth their while to actually go after me in court (after all the late fees, over the limit fees, etc., they now tell me I owe them almost $12,000.00)?
Thanks so much for any answers!
Deborah
Hi Deborah:
Thank you for your comments.
First of all if she's only had the account for a week, then she's already in violation of FDCPA, because you would've "had" to receive notice from them, which would indicate you have 30 days. She sure is jumping the gun. However they have found a few ways around this. It doesn't sound like it though in your case.
The balance is certainly high enough to sue, or motivate one to sue. However they would typically be told to locate an asset on you, such as a job, a bank account, or other type asset before they would proceed. That's your typical scenario. Should someone sue you without having that knowledge, they would be setting them selves up for cost, and an uncollectible account. Just because someone sues you, doesn't mean they will collect.
As far as your remedies, you sound like you qualify for Bankruptcy. You have no ability to pay them now for 7 months. Something happened which created a situation beyond your control, and is continuing to snowball on you. Otherwise, obviously you would've continued to pay them.
It's approximately $200 to file a Chapter 7, (no assets), due to inability to pay.
Any account you can manage to keep current could be left out of the bankruptcy.
There is always a way to deal with any given financial situation. Knowing your options is always the best place to start.
The fact is that Bankruptcy "is" one of Your Consumer Rights. Should you find yourself stuck in this position for an extended period. You can continue to establish your credit, and place a Consumer Statement onto your Credit Report...visit: http://www.annualcreditreport.com/
Do let us know what happens, and please post any questions you have.
Thanks again!
Hi! Boy I hope you can help me. A company going by WWR & Assoc and Worldwide Recoveries, LLC out of Santa Ana, CA kept calling and bothering my sister. They never read the miranda and never mailed her anything. Left several messages with our Mother and even spoke to her about it. Unfortunately, before my sister told me what was going on she had already given him bank info and authorized $201 to be taken to try to shut him up. Turns out if it was her debt it was from 6 years ago. Our concern is if they are legit and they come after us. I do not think we can write a cease letter at this point. But they are breaking all of the laws so why cant we call them on it. HELP! Thank you so much!
Hi:
You can always write a Cease & Desist letter no matter what. The chronic problem is that these companies continually buy bad paper. Why they are buying paper beyond the statute is an indication that they really have no clue what they're doing. I've been in the business well over 25 years, and I myself would not buy paper older that a year or two.
None of these companies that buy bad paper are doing "proper Due Diligence" whatsoever. It tells me that they are not able to differentiate between what is good collectible paper, and what's not.
You have to send a Cease & Desist immediately, Demanding the amount paid be returned to you within 72 hours. Indicating every single thing they did...in the letter. Then you will mail it Certified Return Requested, copying the Authorities listed above for your appropriate area. They have to return it to you. Especially being that you will identify the "Strong Arm" tactics used to bully, and threaten her into giving her banking info.
Please keep us posted as to what happens, it does look like you may have a case against them. Stay strong, and instruct them they are not to call you, or anyone in your family again, for any reason.
There are a lot of complaints on the web, against the individual you encountered. It indicates there is a problem.
Let us know what happens.
Thanks again for commenting!
Thanks for the feed back Joe!
It is important to educate the public on this. It's going on everywhere.
Another interesting point to all of this is this: It will continue because they can afford the Settlements they make with the people they abuse, so they may continue what they're doing. Many Settlements across the board, very quietly.
The moral is don't shy away, and Do take the necessary action. You have the same chance of success in any given case, that anyone else does.
Thanks for being part of the quest for what's right!
Take care:)
Nice hub, I've linked one of mine to it as the topic is relevant
Hi, I have a problem that wish someone can help me with. I have been receiving calls from a debt collection law firm that is looking for a guy that is not me, as you can see, my name is Jesse and they are looking for a guy named Vincent K.
they have called me quite a few times, sometimes waking me up early in the morning, I have called the law firm about three times and they said they would take my phone number off their list but still keep on calling me. unfortunately I must have a phone number that used to belong to the person they are looking for. So what can I do? can I tell them I am going to report them to the Federal Trade Commission, the BBB and the Consumer Affairs? will that work?
thanks for your help.
Jesse Ramirez.
Hi Jesse:
Thank you for your comment.
Unfortunately they may be picking up the number frorm older records. You probably have a reassigned number, that Vincent K used to have. Many, many people are going through this very same thing. There is a few things you can do.
You can request a different phone number from the phone company. You can write a strong letter to this firm, using some of what is written above. The problem that will usually happen is the bad debt will be resold to the next firm, and they too will be calling, because the information they have is old. Then when they run a search, the data is out dated, and they will come up with his old number again, until it gets updated.
This is a constant problem in collections, and I doubt it will get better.
Possibly, you could somehow block the calling number? I'm not sure if you have that option, but it may be worth looking into.
I am dealing with the same thinng frorm a debt that was paid in full over 5 years ago. It just never stops. This is why I am moving to file suit. There are 2 new agencies harassing me, one for a former tenant who skipped without paying. One for the old debt that was paid.
Verbally telling them to stop, doesn't work. Writing a letter, putting them on notice does, have a bit more impact. However as you can see, it failed me this time, and I'm now moving to file suit, because they refuse to comply.
I'm thinking in your situation, you may be better off getting a new number, and end it once and for all. Keep us posted on how it works out.
Thanks again for your feed back!
Wow! This hub is epic!
Thanks, Julie-Ann, and Steven:
More so...what's happening in the industry, and our Fraud based collapse is really much more Epic. To levels I'm not so sure people realize. This is a devastating blow to every industry, and the people of our Country. Hopefully things will work out and we'll turn it around.
Being healthy, educated, and armed with knowledge to combat the many problems currently going on, is an appropriate adapted reaction for people in the days to come. It's not over yet. We're only in Stage 1 of the wrath of Greed.
Prepare for the Storm of The Century...the one you won't soon forget.
Batten down the hatches, and prepare. Pay attention to what's going on, and spend your money very wisely.
This hub has been created for Consumers to voice their concerns, and have access to the copies of the Laws that protect them, as well as possible Attorneys who can represent them.
There are actual Laws that protect Consumers...Although if you have seen what I have seen, and witnessed...you could be scratching your head saying...what happened here?
The bottom feeders of our industry are scrambling to meet quota. People have no way to pay huge debt that's owed. There is no Lender to turn to for a quick refi. 285 Lenders are out of business, with more to join them soon.
Pay attention to your situation, and plan to make changes to adapt to what is going on. This applies to everyone.
This has not happened before, and there is no one person who has experience in dealing with it. The comparable event is the Crash of 1929. A Wonderful Life comes to mind as well.
This is where the people step in, and make better decisions based on our current status, and adapt accordingly. A People based Society, making decisions for the Good Of The Many.
This Crash has direct impact on the Collection Industy, and it's only going to get worse. They will get fired if they miss quota for an extended period. It's not the most pleasant job. To Stay Informed, is to stay Armed.
Take care, and thanks for visiting.
I recently got out of the marines and starting to settle back at home. Me and my wife have been getting phone calls from ford Credit three times a day. I talk to them and my wife talks to them telling them the situation. the only income we have is UI. we pay them as much as we can each month, but phone calls keep pouring in. They have called my mother in law (co buyer) at work also. weird thing is that its not past 30 days yet. is there anything i can do? thanks
Hi Myron:
Thank you for commenting.
The most effective way to stop the calls is to put them on notice. Send them a Certified Return Receipt Notice of Cease & Desist all communication, except in writing. They have to abide by that, and usually will.
You're going to see a lot more of this type of activity now, in conjunction with the banking system collapse. All creditors are going to be scrambling to make sure they get their payments.
Collections are down right now, and it's only going to get worse. Prompting the wave of even more calls, to the people of our Country who have just been victimized by our leaders. Thank them for the constant harassment.
Please keep us posted, and pose any scenarios you wish to discuss. Should legal counsel be needed, I am linked up with many Attorney's who represent cases in the collection arena. I do not think you'll need to go that route though, unless it escalates into something else.
Creditors themselves are allowed to call you, they are not actually bound by the collection laws. However there have been a number of cases in which an original creditor was sited and charged with violations in the process of collecting their accounts in house.
Once they are put on notice, they should stop calling.
Thanks again for visiting, and commenting. I hope the phone calls stop!
Thank you for representing our Country in the Military. I'm glad to see you are safe. :)
Please come back to visit again soon! :)
wow this is one interesting and well written hub! Im going through execution of debt right now in the state of NC. Ugh, I didn't know they can come after your personal posessions. I really don't have anything, but they don't care they are still making me go through this process.
Thank you for your Comment Mrs. Mcdermott!
I hope eveything works out well. If I can be of any assistance, please feel free.
Good Luck, and take care!
:)
Thank you for sharing all the great information. I'd like to ask a couple of questions, if I may?
1) Is a collection agency legally allowed to call a persons place of employment?
2) Also depending on the answer to the above question, if you work for yourself and use a cell phone for business and customer contact number can they call the cell phone?
3) They are the same questions, but re guarding a credit company instead of a collection agency.
Again Thank You
Hi Tammy:
Thank you for your comments!
A Debt Collector will call any number contained in a file, or that they find in their travels. The will call a place of employment until someone either tells them to stop, or you put it in writing, that they are to communicate with you in writing only. Or that they are not call you at work.
All Debt Collection is handled basically the same way in the industry by all creditors, agencies, and law firms. All firms will call as much as they can within the law, and some go well beyond that.
Putting things in writing, and making paayments is really how to calm things down if someone is really calling a lot. If you feel like you're being harassed, you can elect to speak to one of the supervisors, or put a letter in writing to stop them from calling. A copy of the laws below, for the FTC: FDCPA, which are PDF, and printable.
Good luck, keep us posted!
:)
Fair Debt Collection Practices Act File Format: PDF/Adobe Acrobat - Full text of the law governing third party collection of debts.
www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf -
I wrote to you a few months ago and found your advice helpful. I have now found myself in a situation where I need surgery on my knee and have had to replace my heat pump inside & out. That was a substantial expense that I had to let everything go to be able to pay for. I am now 3 months behind on some credit cards, but want to get current again, but have turned them down on their offers because they only want me to give them guarantees of payments for the next 3 months. I would do this, but if I tear up my knee worse 2 weeks from now, I am not going to pay them and let my family go hungry. What is the best way to address this situation? They are not calling much at all, but I have told them I will not allow anyone to have acess to my checking account with my health situation. I was close to being caught up from my back surgery when all of this happened, and was forced to pay for some medical treatment to find the problem. I would like to get caught up on everything before I try to save the money for my knee surgery. Should I try to do that and get behind again or just get WAY FAR behind and try to dig out from there? I really don't want to file for bankrupcy if it can be avoided. Thank you so much for what you do.
are depbt collectors allowed to come to your house? and if you are not home at the time they stop by, are they allowed to talk to your neighbor and give them a message for you to call them?
Hi Mark, and Kristee:
Thanks for your comments.
Kristee I doubt anyone came to your house. It's standard procedure for Collectors to call neighbors to leave a message. Back in the 60's, 70's, and 80's (I go back to 1982 in the business) A knock at your door wasn't far off. Some of the companies were known to visit a debtor to make arrangements for payment.
Call back and make some sort of partial payment per month. Or you can examine your finances and decide if Bankruptcy is an option.
If you want to get really technical, it's not actually up to a consumer, given the fact that creditors can move to have a consumer declared Involuntarily Bankrupt. It takes 2 creditors to join together to force it. They pay the fee's to the court, and you are bankrupt shortly thereafter.
The same applies to you Mark. If your do your "Math"...the answer will dictate your next move. You must remove yourself from the financial circuit, and revamp. When you "are" able to pay, you then join back in the financial circuit.
This is why a creditor can join with another to take you out. They have to protect themselves from you coming back again, and eliminate the potential for you to continue this type of activity.
Here's how to gage your financial Structure:
Self Employed: Form a Corp: Pay yourself a Salary. (Pay Taxes) (File Them).
Salaried/Draw/Per Diem, Hourly, etc.
Show an average Balance in your Checking Account of: 3-4 times the amount your Total Monthly Bills Equal. Let that also dictate how much Debt you allow yourself to become obligated to pay.
No more than "One Quarter" of "Your Income" should be going out to your Bills, Including everything.
Making a Cash Living, and not running the Cash through your bank account is going to work against you in the long run. Not to mention it's Tax Evasion. This is not a correct way to set up.
Everything is geared on a 26/36 DTI...Debt To Income Ratio. If your ratios are off, this is why you have difficulty gaining new credit.
Fha goes a little further. 36/44, and will consider extenuating circumstances.
Bankruptcy is dictated if your ratio is at 100%, with no way out, and no increased way of paying it back. You can't force math. If you cannot pay, you are actually required to make a move. If you choose not make a move, it's still a choice you are making. It allows everyone you owe the opportunity to get a judgment against you. Which only brings very negative results.
This is not an emotional decision...it's a Business decision, and it's a required that you to make intelligent moves in a shared society of people. You will be affecting "Tomorrows" options offered to people, which are affected by todays actions or non-actions.
In the 90's, (at one point) we had $115 Billion outstanding in Credit Card Debt. $96 Billion of it was Delinquent. It gives you an idea of how bad it was getting, even back then... Here we are today.
Everyone is part of the big picture, and each little effort, and action contribute to the future, and destiny of how things will develop. Currently we are on course for a destined failure. As long as the people continue to succumb to temptation of Credit Extension.
By not doing what is Dictated as your next move...You are actually Inviting these people into your life. Which in turn will monopolize your time, tie up your phone, cause endless inquiries on your credit, and increase your damages, and stress.
Debt is strictly business, and there is no room for emotion. Once you have emotion involved, you've lost. Nobody on the other end is getting emotional about you owing these debts. They get a Tax Write Off. It's strictly Business. Period.
The Debt Collection situation is only growing worse right now. They are being bombarded with paper they can't collect. The best thing they could do is take payments from everyone they can. Unfortunately they probably will not do that. The sense of greed is so high in this industry, collectors seem to pass up the payments. Not all of them but many.
The best advice I could give today in lieu of the market conditions is make the call to the Creditor. Don't wait until it's released to the vultures of the collection industry. It's like releasing your personal information all over the place. It's really not a wise thing to do.
Now Finance Companies are doing all of their Underwriting in other Countries, like Sri Lanka, and such. Our personal information will be traveling all over the world, to decide if you are worthy of "Credit Extension"...Scattering America's Financial Documents.
This is what we have to look forward to as a result, of all the past decisions that failed.
Guide yourself accordingly, and you will survive this Storm Of The Century.
Keep us posted, and thanks again for visiting.
:)
hello.
i have some questions. let me explain my situation first. In January of this year I lost my job (I was a courier (sub-contractor) for a company that did delivers primarly for banks),because of check 21. Well I managed to save up some money and along the way I also have done some fullin work for this same compnay and also I was hired by the local library (before this I did Volunteer work for them, (because my grandmother works there and the director got to know me becuase of this), when I would do this volunteer work sometimes the director would send me a check for different amounts and sometimes he would not. One day he asked me to come and to see him. The reason is becuase he liked my work, (when doing the volunteer work, he did not know how long I was there, because I would usually come in after they closed, so he would send if they had the funds a check sometimes.), he felt that it was not fare to me to do this work and not getting paid for it all of the time. So he put me on the payroll.
But here is a problem that I am having. This job at the library does not have any set hours. I only work when a computer is down. Sometimes I only work a few minutes or a few hours. In September and October I did not work at all.And in this month of December I have not work at the library at all and it is the 23rd. The most that I have work in one month is 28 hours, everything else has for the most part been a lot less, a lot less. So I have to call them each week and ask if there is anything that I can do.
And the filling in a the courier service is only when someone is sick or needs a day off.
So I do not know when or how long I will work.
But all of this time I have been paying all of my bills on primarily on what I had save up and what little I have earned.
But now I am running out of money. What I have heard is that because of being self-employed that I cannot get unemployment in Missouri. I am going to soon apply for unemployment and see if that really is the case.
I have called most of the creditors that I have. So far they some of them have said that there is little that they can do to help me. In fact one of the banks (one that recieved some of the tarp money) told me to go out and get a loan to keep paying them.
Also back in 2004 I had almost all of me debt put into a Consolidation becuase I has paying interest here and there. Otherwise I was doing fine with the debt. I was not missing any payment.
I have never been in this type of situation before. I am worried and to be honest scared. I just wish I could fine a job that would allow me to continue to pay off this debt.
So basically I was wanting to know what options do I have. I am worried that things will get worse. I do not want to do any harm to myself for the future is possible. So is there any Strategy or ideas/options that I can use if things keep going south? I am worried that I will be looking at a worst care situation. But probley that is my imagination at work.
I know that this is long, but I would like to say thank you for taking tiime to read this and for your thouths.
red1
Hi Red1:
Options are always there. Providing you understand their purpose. When one has no ability to pay, as agreed, a Bankruptcy is dictated.
Meaning it's your Consumer Right To File a Bankruptcy, and it's also "your Duty" to take yourself out of the credit circuit. It's dictated by "your" particular financial situation.
The other options are to make arrangements. However by doing that, and going without food, or basics in life does not make sense.It also extends the Statute Of Limitations on the debt, meaning it will remain on your credit for much longer. Thus preventing any new credit establishment. It's not mathematically logical.
There is no emotion in this, it's "Strictly Business". Trust me nobody at any of your creditors offices are going home thinking about you at night.
Dragging it out is not good either. You're giving people the opportunity to sue you. Which would obviously be fruitless, but nevertheless they do this all thte time. It's common place, and you're just another number.
Adopt a Mathematical Attitude, and you will be able to follow that route more precisely. Making appropriate decisions without emotion.
Also you can immediately re-establish your credit once the bankruptcy is done. Should you decide to follow that path.
Keep us posted, and take care...Live life a little, and don't let the debt get to you! I am an authority in the business, and I give you permission to relax.
It's funny to me how it's always the honorable people who feel guilty, never the criminals.
A Bankruptcy stops everybody in their tracks.
P.S. I am in the process of opening 3 new Law Offices with 2 Attorney Partners. Due to the Fraud present in our society, a new demand has come into play. People need help!
Take care, visit soon! :)
hello.
I have a truck loan through a dealership. I have never been over 30 days late. i got behind one month and was paying about 24 days late. The collector called me and after trying to verbally embarrass me we finally decided to defer a payment to catch me up. I had to sit at home a couple of days from work so I am paying a little late again, about 15 days. The collectors call me about 9 times a day and leave messages. Sometimes they threaten "legal action" whatever that means? Most of the time I don't answer, because it stresses me out to here their rude comments. My wife talked to them and told them that we will pay them every month like we always have, it just might be late. They argued with her and she had to hang up on them. They continue to call and leave rude messages, like " you need to take responsibility" or "your always late so whats up" I cannot take it anymore. I have never been past 30 days late, and from what I have heard it cannot go on credit unless your 30 days late. Can I take legal action? Will I win? Is what they are doing wrong? Please help me.
Hi Moore:
Thank you for your comment.
If the Debt is with the original creditor, and you've been paying on time the whole time, they would have no reason to threaten you at all. You are not delinquent until you reach 30 days past the due date.
I'm seeing many firms blatantly violating the laws right now. They will continue, until someone comes along to stop them in their tracks.
You could definitely have a case, and if it continues after putting it in writing, then you will for sure. Will you win? Probably...How much? Depends on what they did, and how much damage. There are various aspects of a case too. Civil, Credit, Fair Debt laws and Acts to be considered.
Your Credit Report should reflect that. You can check it for free here: http:www.AnnualCreditReport.com/ (All three Bureau's)
What you need to do to is put it in writing. You need to tell them in writing to stop calling you. It's an Order to: Cease and Desist Immediately. They can only communicate in writing from that point on. Write a letter to them. Copy some of the letter above, send a copy to your Family Attorney, and the Authorities above, (in your area). Send it Certified Return Receipt Requested. Make sure you identify everything they say or do. They are harassing you if they're actually calling that many times per day.
If it continues, call the police in your area, and report them for harassment. It is definitely offensive to be disturbed like that. I'd be interested in hearing how it turns out, after you put them on notice. Please do let us know.
Thanks again:)
P.S. Do not let their calls intimidate you at all...it's usually some poor kid that's being threatened about his job if he doesn't hit quota...they are starving in the collection business. They're swamped with accounts, but people can't pay as did before. It's all different now...everything.
I'm still being harassed by the 10th law firm now, that bought My Paid Debt...(Paid in full years ago). The Debt that caused me to write this hub! Look how long they've been harassing me now! It's batch and mail merge everyone to death! They Want to keep reselling the Paid debt,(in a Batch of thousands), because they got Duped, so why shouldn't the next guy buying the batch, right?
I am trying to decide to claim a chapter 7 bankruptcy or not for my credit card debt. which I have no means what-so-ever to pay now. I am out of work and finding that I can not find a job even at the local fast food places. I might wait however and let them win a judgement against me if it comes to that and then claim bankruptcy. Can a judgement placed against me for credit card debt. also be added to a bankruptcy and will adding a judgement to a chapter 7 wipe out the credit card debt and the judgement? Thank you for what you are doing here! It is very hard to find help from anyone without paying way more than I can manage to come up with. Bless you!
HI Suzanne!
Smile in spite of it, there are ways to handle everything. Try to keep the emotion out of it. It's not necessary to be emotional about Debt. Debt is strictly business, and you need to tackle it that way. Things will go smoother if you proceed with it as a business transaction.
Keep in mind, these companies receive huge tax write offs, for every debt that is not paid. They are not emotionally missing you, or considering you. You're merely a number, on a piece of paper, in a dark warehouse somewhere.
It sounds like you qualify for Bankruptcy. It's usually around $200 in Filing cost at the Court, and you can file Pro Se. A Bankruptcy Kit can be bought at Staples, OfficeMax, etc.
You can hire an Attorney, or file it yourself.
Never allow anyone to get a Judgment against you, it's not productive, or logical. Especially if you're to file bankruptcy.
Call or write them putting all of them on notice that you're filing bankruptcy. They will stop proceeding legally. No Debt Collector can call you once you've filed Chapter 7. Should they not comply with the law, and continue to call, they will be in violation.
I hope everything works out, and please keep us posted so others can learn from your experience too! :)
This is all about Sharing knowledge for Power! People Power!
Take care :)
Hi,
You wrote;
"I am in the process of opening 3 new Law Offices..."
Can you please provide the contact info and addresses in which state its available.
Thanks.
Sam
Here are NY, CT, VA, India Attorney's I work with.
With an additional Legal Team who work Nationwide.
Stephanie Ovadia, Esq. 1800 - 922 - LAWS
NY Personal Injury, Fraud, Divorce, Genral Law and more. Vote Ovadia '09! Town Of Hempstead Legislator! Fighting For Our Taxes on Long Island!
Anand Ahuja, Esq. 718 - 850 - 1952
NY, CT, VA, India: General Law, Matrimonial, Traffic, Custody, Mortgage Modification, Foreclosure, Bankruptcy, Intellectual Property, Internet, Copyright, International, Business, and more.
cool info!
I have requested your help a few times over the last year and it has been very helpful, but this one means more to me than any of the other questions I have asked. I am way behind on alot of bills and I must have used my parents as references on a loan somewhere along the line and they are being called frequently by a company or collectore and I want to know if there is a way to have them removed from this situation. They don't need to be harrassed because of my financial situation. Thank you so much for all you do.
Mark
Hi Mark:
Thank you for your comments.
It is true that collectors will call other family members, as well as neighbors. You can certainly put a letter in writing to make them stop. Also who ever answers the phone, can instruct them not to call there again, since it is not your phone. They are really not allowed to keep calling a number that is not yours. It usually happens when they do not know who the number belongs to. Unless they are law breaking culprits.
You can issue a cease & desist (see body above for guide) and include that you want no communication directly, or indirectly with you. You would request copies of all charges, break downs, etc.
Keeping in mind you may be able to file bankruptcy, which will get picked up on all systems.
Them being called does not necessarily mean you used them as references. If they have the same last name, that could be the reason they keep calling there.
Note: All Debt Collectors are making small partial payment arrangements, because collections are down. Take advantage of that if you can. If you get a rude collector, ask to speak to their supervisor to get the arrangement. They would rather have you paying, than anything else.
I am still being harassed by the new firm who has bought my "Paid In Full" debt from 2003. They just keep reselling it, over & over. It's pretty ironic since I've been in the business 28 years now, and currently work for a large Law Firm. It's a sector of the business that is totally out of control. We are all victims of debt, and the people who buy it.
Keep me posted, and good luck.
Thanks again, and take care!
D
Note: all Debt Collectors are required to recite the 'Mini-Miranda", as well as have it displayed on the their letters.
It requires them to state: This is _____, from the ____ Firm. This is an attempt to collect a debt...any information obtained will be used for that purpose, please call_______.
Should they fail to state this when speaking to you directly, or on any answering machine, it is viewed as a violation of the FDCPA. Regardless of how many times they've spoken to you before.
I can tell you this. No collector is too thrilled with this, it slows down the pace, and causes a direct impact on the pocket. However it's mandatory, and regulated. The numbers on just how regulated it is, I have yet to determine.
All "3rd Party" Collectors, including Attorneys must do this on each call that they connect with a debtor, or an answering machine.
My prediction is that most will not adhere to this, and there will be a lot of complaints filed. Typically from past history, the indicators are not too good. Especially with the current negative market situation. Which is putting it very mildly.
The current market situation...How about we call it what it really is. "raking the population over the coals". See how many can actually survive. Throw in swine & bird flu, and really put a spin on things.
I'm not exactly thrilled to be associated with all of this, however I am that one nice person who the general public will get to speak to, and you will hang up the phone knowing that what I've told you is the absolute truth, and I will help you any way I can. I'm not perfect, but I do genuinely care.
There is no margin for abuse, or foul behavior. When someone reacts that way, I usually can find something intelligent to say to calm them down, and complete a great conversation, parting with a rapport. One they will not soon forget either.
I enjoy this business while speaking to people, aside from that it is very negative, and unpleasant in general. We're not talking about anything happy unfortunately.
The best thing I could say to avoid this entire circuit is to make as much money as possible, and do not go above 1/4 of you income, with debt. That's the best goal you could have. Whether you're there or not, set that as your goal.
Strive to be debt free, and do not succumb to advertising, and TV brainwashing to accept credit, you don't need.
Live within your means, and spend more time on "making money".
Even being debt free, I'm still being harassed, but I am debt free, except for housing expense...which is something I can be happy about. It wasn't easy, but it took precedence over spending, especially on credit cards.
Never buy "product" on credit cards, only make investments. Use it to invest in small IRA's, and other small investments if you feel compelled to use them. At least you'll make some of the money back at some point. To prevent yourself from becoming buried in debt.
May the force be with everyone to combat the stress of this overwhelming situation happening around the globe.
My thoughts are with everyone. :)
Every December I have a process server show up at my door to try to collect on a debt that's about 12 years old. One from my ex-husband. This guy scared me. He was ringing my doorbell slamming on the door and then started shouting to my neighbors that I owe the state money and he's here to collect it. How do I get this to stop! I have small children and this guy really scared me. This debt is so old why do these people keep coming back to try and collect?
Hi Gina:
As you may have read, I too am having the very same problem with a Debt over and over again. I've just posted the latest Complaint to the newest firm who purchased it. Please read it, and modify it to fit your situation. It at least gives you the idea of what you can say to cause some kind of positive result.
Separately you can file a complaint against the process server, that kind of behavior is not necessary for them to even engage in. They typically have no monetary interest in what is being served, they get paid per serve. It's perplexing to hear a process server acted like that. It's not the usual. There should be a stamp of some kind on the papers, or his address of the company to address a complaint to. I'm sorry you had a problem. It is an offensive process in general, that does not work "for" the people.
Please keep us posted as to the outcome. Wishing you well.
Great information. Thanks for taking the time to post this information.
I used this hub link in my new hub, Strategies for getting rid of debt. Thanks for a great hub.
Thanks to Andy, and bgamail for the comments!
I'm glad this information has been useful.
I think it's very appropriate with what's going on in our country. People need all the help they can get.
Thanks again!
Take care:)
I have an unsecured loan which was three days late (I mailed to the out-of state office rather than in-state one by accident). In the three days it took for them to receive the payment the company called me twice and mailed me a nasty letter. I was friendly on the phone, but became VERY angry when I got the letter. I called the local office and explained what happened and said that I did not want them calling my house again. I have paid on my loan for a year and a half, I've always paid it and always will. The guy I spoke with said they would continue to call and send letters when we are even a day late and there was nothing I could do about it. Is that true? Are they allowed to call like that and harass people? I am not in financial trouble, my bill is going to continue being paid - it just seems as if they think they own you if you owe them any amount of money.
Thank you for your comment.
Many creditors have begun doing this. Due to the decrease in payments from the public. In my years in the business, I have actually witnessed Creditors themselves being sited with the FDCPA and FCRA Laws, and or charged with violations. So in answer to your question, it would be no, they really cannot do that. However some entities are taking chances bombarding people with phone calls, and letters...until they get caught.
If a consumer does nothing, then it allows this horrendous process to continue. Filing a complaint with the Attorney Gen. could help put them on notice.
As you can see above...I typically throw the book at culprits who violate people in any way, and I usually win. Especially against the collection business. I am recognized as an authority in this business, and there are many who fear me, because of what I do upon learning of their violations.
The collection business used to be professional. It is not any longer. Abuse of the laws is rampant, and getting worse, even with the creditors themselves...as you can see.
The answer to all of this nonsense is: Put a strong letter in writing, copy every authority you can find, and throw the book at them. It will eventually force them to stop the harassment, and change their ways. Phone calls do not work. Nobody at all the banks, and credit card companies give a hoot about people in general. You're just another number. Unfortunately there is no "class" left in this industry.
Please keep us posted, and if I can be of further assistance, don't hesitate.
My private email is: AlertPatrol@gmail.com feel free to email me any time, and thanks again for visiting. It's the people who need to stick together!
Take care, and beware!
TheDebtinator.com Strikes again! Learn about doing a clean sweep of the Nations debt! The Legal Team goes Public with Free information for all. If you have Credit Card Debt...this is information you need to know.
Live Interviews with the experts are scheduled! Stay Tuned:)
The Best Power...is Knowledge
This is a great resource for people who are struggling with creditors harassing them. Thank you for giving people the knowledge to help them fight back harassing creditors.
Very good information. People need to be very careful when working with Debt collectors.. they will say anything to get access to your bank account. Thanks.
This was a great article and I got some ideas, but I do have a question for you. In may last year I lost my job like many did when the recession hit. I have not been able to find another one despite actively searching. I owe verizon wireless 600 dollars because I could not pay my debt to get out of the contract. Finally we were able to stop reoccurring charges at least at 600. But I don't have 600. I don't even have 25 dollars to my name right now. I am flat broke. I would love to pay them if I could but I just simply can't and I can't stand these calls every day anymore. I'm at the end of my rope. Verizon's debt collection agency has been calling me every day for the last two months. What should I say? Should I answer and hang up half way through if they try to bully me into paying with money I don't have? Is there a way to get them to stop? I almost made the mistake of giving them my bank account because they bullied me so much the first few times they called. I'm afraid to answer them now. Please help!!
Hi Sarah:
I'm so sorry to hear this. I was hoping companies would be more sympathetic than this. I'm seeing they are not.
If you are out of work, and unable to pay they are destined to settle, or get nothing. If this is an agency, they will latch onto any account they make contact with. You are considered a "good number" in their portfolio of debtors they are to call.
They are merely on a dialer, and your account is scheduled by a programmer to come up at certain times. They are definitely not supposed to call so frequently. You can access the FDCPA here: ftc.gov
Fair Debt Collection Practices Act
Full text of the law governing third party collection of debts.
www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
Fair Debt Collection Practices Act
Jul 6, 2010 ... FTC Educational material and staff opinions on the FDCPA.
www.ftc.gov/os/statutes/fdcpajump.shtm
You need to put in writing that they are not to call you again, and must only communicate through the U.S. mail. You may also want to include the aspect of Disputing the balance, and demanding a full itemization immediately.
Don't feel pressured on the phone if an individual is trying to take advantage of you. Just hang up the phone, and make a note of who called you, what time, and what they said. If they do call you back, they are in violation, and you would want to make of note of that too.
The collection industry has become so bad, it is completely out of control now, and many are being destroyed because of it.
Don't back down, and stand your ground. Use some of the language above in the letter.
You are disputing the validity of the debt, you are demanding a full itemization for the history of the account, and you are instructing them to communicate with you by mail only. If they continue to violate your rights, you will then have a case against them.
It's up to you to control them, not the other way around. Should you need further help you can email me at:
AlertPatrol@gmail.com
Thank you for visiting, and commenting.
Take care, and good luck! Keep us posted.
The Debt Saga continues...
We are now up to the 25th company who has bought my PAID Debt! Asset Acceptance is now the twenty fifth company to buy my paid debt, and let me tell you...I'm so glad I don't work there! That is some crappy paper these poor collectors have to deal with. I would not even be willing to touch that paper, even if they paid me double pay!
To me it exposes who buys crap, and who has a real collection deal set up. These companies like asset acceptance are the lowest bottom feeders of all. Many of the accounts they buy do not have the necessary back up to sue them. How do I know this? I worked their paper before. It was some of the worst paper I ever handled in 30 years. It tells me the designated individual who is supposedly conducting their due diligence on the purchase, has no clue what they're doing.
They should have someone like me dissecting the portfolio, they wouldn't end up buying crappy dead accounts. Six years is the statute, these accounts they are buying are over 10 years old, which is far beyond the statute to collect. It publicly says: I buy crap! the company history is the just that...historic slime. This bottom feeder asset acceptance is a low class, low standard company who is just in it for the quick bucks they can bilk out of people in a 3-6 month period, per portfolio purchased...pure slime operation.
They have already begun the dialer harassment process with me. Non stop every day, beginning at 8:00 AM. I pick up the phone, and hang up. Over and over, every day. They still call back...they never comply with the laws. Why? Because I have yet to see a dialer programmer, that actually has knowledge of the fair debt laws. So far every company I see has their dialer programmed wrong. If I find one that is programmed right, I may issue them a citizens star award, for not harassing people!
I doubt any award will ever be issued, for anything that is. It's likely to get much, much worse in the days to come. Slime is still currently operating out there in the world. They may not be able to run the mortgage scams, but trust me...they will find another way to scam you. They all went somewhere, right? If there are no banks, where did the slime go? Think about it...be very wary of any solicitation, and if at all possible....keep you name, and private information OUT of the collection industries hands. Once it's there, it's there for many years to come...prepare.
This hub was written two years ago, about my debt from 2003, Paid In Full, and they are still selling it right now. I am being harassed every day since I paid it, right up to this moment, and this day that I am writing this. It has never stopped. Not one company that bought the debt complied with the laws. The current collector calling from asset acceptance is also not complying with the law, and leaving disclosing threatening messages on my answering machine...right now, (today) and every day. Until they sell it to the next slime ball who buys even worse paper than them.
My friend is getting harassed from an agency for a debt from 1989! I am not kidding. It's is so monumentally out of control, people do not realize how rampant this is in society.
Protect Your assets, your personal information, and set a goal to become debt free as soon as possible. It's the only answer to end this nightmare. All of the collection industry is mismanaged across the board. Including the collection law firms. They too buy paper, and are never geared to address the paper appropriately. All the fraud is witnessed by all of the firms, and people who work in them, and nothing is done about it. It's not acknowledged as fraud. No action is taken on behalf of the consumer, and the consumer's existence is basically ignored as an important component to the transaction.
I have literally begged attorney friends, and associates of mine to help me go after fraudsters. I cannot seem to find anyone willing. Nobody seems to care, nobody ever felt obligated to take action due to witnessing fraud being committed. It's as if the fraud became the norm. Everyone I witnessed stood idle witnessing this, and took no action. The only one hurt by fraud is consumers, and people who get sucked in by investments. It's always the little guy who takes the biggest hit. It's factored into our cost of living, and more. We are ALL paying for the chronic insurance fraud that is going on while you are sleeping. None of it ever stops...ever.
I think I am going to have to inevitably disconnect my long term phone number in an attempt to stop this. I've had my number for 10 years, so it's quite rooted. It will also end all the constant solicitation calls too, which are also non stop. Now I believe that they can easily get around this alleged do not call list, by calling from outside the country.
Good luck to everyone...it's likely it is, or will be happening to you too.
This is a hub to document in history certain things going on. Hopefully at some point down the road it will help in getting the laws changed, cases heard, and the fraud stopped!
I always thought from what I was taught, read, and told....was when you witnessed a crime, you are NOT to stand idle and do nothing. It's more like you actually have a forced duty to take the necessary action to rectify the situation. The way I see it...Every attorney, every debt collector, every factoring investor is guilty of breaking the law, and could be construed as an accessory to the massive fraud against consumers...they allowed it to continue...while they stood idle. They ALL turned a blinds eye to the fraud. I witnessed this over and over during a 30 year period, very steadily, consistently, and usual. It WAS, and IS the norm.
The last firm I worked for I got to see just how bad it has gotten. I was assigned a huge portfolio of various large balance accounts. Business lines, and mortgages, among other types. At least every other account was fraud. I mean out and out fraud, theft, forgery, and more. We are talking clear cut criminal activity.
Yet it was placed for collection if you could believe that! It's not supposed to be placed in collections, yet it was. My whole portfolio was about 60-75 fraud cases. It was not that high in the 80's an early 90's. Now it's rampant. More fraud than not.
One of my accounts was just finally put in jail for mortgage fraud/modification fraud. First came the mortgage fraud, then came the modification scams. He hopped from banking/bilking (through mortgages)to modification bilking. I was handed his fraudulent mortgages to collect. Over $300K each. I looked at the case, and immediately said this is fraud. It's not collectible. The firm didn't want to hear that, and left it open in my portfolio.
I later left the firm, I was not too thrilled with how things were being done there. Very anti-consumer...not something I desire to be associated with.
May the powers of knowledge find you, and guide you through the sea of wolves we are all forced to deal with for a very long time now.
Take care, and be aware!
BTW: the guy who got arrested in NY, was only charged with the modification scam, not the mortgage fraud on his personal mortgages. It would appear he has gotten away with that array of fraud. He's in prison now, (I think), and they will never recoup the millions he stole from either scenario.
His houses will go to auction, and the bank will take a write off. Pennies on the dollar will be exchanged for the properties to close the fraud chapter of their history, and a new chapter will start for someone else.
The monies not paid, well... we will pay that in the end. All cost to operate is paid by the consumers inevitably. Incorporate the massive fraud, and that explains the high cost of everything to the little guy.
The costs to close a loan, to implement insurance, to tax our land, to have a credit card, all are passed on to the consumer in the end...it's ALL paid by us! Seven hundred billion was just handed back to the fraudsters just like him!...Does anyone see anything wrong with this picture?
We cover the fraud, and all it's costs! Does anyone feel comfy with that? Should this be allowed to continue? Why are entire industries standing idle watching this, and doing nothing, even though they are actually witness to it. I am a witness to a vast array of firms handling collection paper, and seeing with my own eyes there is nothing being done, about any of it, it's actually ignored, as if it doesn't exist.
It's like telling a collector, try to collect this even though we know it's criminal, involving all sorts of fraud. See if you can sway the criminal to pay you...yeah right! It's the equivalent of me calling the bank robbers and asking them nicely to give back the money! Which is exactly what I WAS doing by having to call that criminal to try to collect fraudulent mortgages. (Which was his previous scam, before the modification scam he was arrested for). Him and his evil doers stole millions from the people, and got away with the money! No money was recouped to date.
Great hub! Worst case, debtors should contact a Consumer Attorney for advice or help. Or even your state's Legal Aid.
I have situation that I would not wish on my worst enemy! Approximately 2 years ago I made a partial payment to a company to assist me with setting up an LLC in California and we made a verbal agreement that they would set it up immediately so that I would be able to buy a tractor trailer (Big Rig) first so that I would be able to pay them the remaining balance instead they set up the LLC then told me to go to various businesses and buy small items under a net 30 (30 day credit line) which I did not easy since the list of companies they sent me was expired. As I did this and called them back they refused to return my phone calls and so I stopped making payments so they sent it over to a collection agency I sent a complaint to better business and better business said ok we will arbitrate then the company that set up my LLC got right on the phone (LOL!) and said you are finished with the program and then sent me a list of companies to buy me a rig under my LLC in order to avoid arbitration apparently. But they did not cancel the contract nor asked the bill collector to stop calling me which I would like to do like I told better business that I would like to have done. And so we both backed down and left better business out of it. I would like to know what can be done about these guys and their shotty work. Fast forward I did not wait around for these guys to send me the information I needed and so I found a company that would sell me a rig but I had to use my own credit scores to seal the deal and I wind up with a rig that has no warranty and has given me problems since day one and so I have fell behind on my payments by about 3 to 4 weeks and so the finance company calls me every day each time I tell them after I see what my next load will pay me after I deliver I will call you. Now mind you I must pay insurance to stay in business but these guys don't care I will not run off with their rig as per terms of the contract they installed a GPS which I found yet left installed. To make a long story short what can I do about the finance company and it's harassment calls I am trying everyday to come up with the money including staying out on the road for months to keep up my payments and maintenance issues till I get a years worth of payments in then I really need to look to trade this rig in! Thanks!
Wow, what a situation. In finance with trucks, etc. It's a little different than straight debt that is unsecured. Your note is secured by the truck, therefore they can repo it upon non payment. Repossession is actually down in the industry, but not on rigs. The best thing to do is negotiate with the note holder to give you interest only payments for a while, or re-write the note to an affordable amount. If there is equity, that can possibly be used as a tool to get them to refi the note, and back end some of the payments. If not they pretty much have the final say. It will cost them though to take it from you. They may be trying to avoid this.
Making money is obviously the answer to the problem. That should be the main focus. No matter what though, they still have to abide by all credit and debt laws. If you feel they have not, then put a complaint in writing, copy some of the language above that may apply, and put them on notice. Figure out what the amount is that you CAN afford, and start from there. If you get someone not so sympathetic, ask to speak to a supervisor, or whom ever is in charge. Putting it in writing is usually the best way to get what you want.
I'm sorry you're having a problem, it is a growing problem that has become worse than I have ever seen in my 30 years in the business. Keep me posted, and feel free to post any follow up.
hello brainfire my name is Andrea, I am so glad I found your hub.Your cases are so interesting and helpfull.I would like to ask you a question that is problably something that you don't deal with in your regular basis however,you have law experience and I believe you could advise me.Back in December I bought 2 money orders from moneygram one for $1100 and other for $221 this money orders were bought to pay my December rent so I sent the money orders to my rental company thru the USA post office.Unfortunetly the money orders were stolen and my rent wasnt paid.My rental office informed me that they did not receive the money and that I should call moneygram.I called moneygram several times they misinforme several times until I got a customer service rep that told me to send them a payment of $24 dollars for each money order that I lost so they could send me a fax with imformation to let me know who cashed the money orders.I got the fax within 4 days.I inmeddiatly check if the money orders in the fax that they sent me were altered,they were not than I sent a fax to my rental company to find out if the accounts showed in the fax were theirs. After a week they sent me a letter telling me that the accounts showed in the fax that I provided to them were not their accounts.I couldnt believe it .I went to the police and I made a report .The police said that they couldnt help me because they did not have enough imformation.I called money gram several times asking them what to do and that I wanted my money back they never suggested anything they said in one of my lass conversations with moneygram that an affidavit would it helped me only of the money orders werent cashed and that they are not reliable for giving me back my money outrageous.I went back to the check cashing place were I purchased the money orders and the guy who sold them to me was kind to call moneygram for me finally after 2 months of hitting my self against the wall I finally had a moneygram rep that helped me a little he said that he will send me in 45 days the imformation of where the money orders were cashed.I pantiatly waited and finally in march wich was definatly more than 45 days ,I received three pages with 2 bank accounts no name of the person who owned those accounts It only showed the account numbers of where my money orders were deposited nothing else.I could tell you that for my surprise one of the bank accounts belonged to Ali bank and had savings of $50,000 and wels Fargo with a $40,000 account that shows that whoever put my money in their accounts had some savings finally with that info I go back to the police station and I ask to see a detective the officers were hesitant to take my case but I push and push and finally I had the chance to make a police report as for the detecive he did not do much he took my case and after a week he called me to let me know that he hit a brick wall and that he couldnt help me.I couldnt understand.After I knew that the police could not help
me I decide to personally call the banks so they could give me my money back I didn't have lick with them either while I was trying to get help gem everywhere I was calling moneygram every week to see if they get any pitty on me never happened .All in all I decided to go to the city council to see if the could helped me and guess what they couldnt and they said that unfortunatly they canot helped me but it would be the Bes interest for me to go to small claims court and seek for a lawyer.So for last time I called moneygram and as always I asked to speak with the supervisor otherwise they never helped so I spoke with a lady for a long hour I explained my case again to her and after she heard everything she told me that I needed an afidavit I was so angry because they told me I did not needed an affidavit at the biggining of this problem and now she was telling me to get one so I explained to her that the affidavit was made for money orders that werent cashed and she said nothing and than she said it will cost you $48 dollars to ask for 2 affidavits and we don't garantee that you will get your money .I couldnt take it no more I told her tell me what is your ne
and your clerk number I'm calling my lawyer and she hung up the phone yo me I tell I got so angry when she did this but again I could not do anything.I inmediatly called 311 and they told me that I could complain to the banking department so I told my story again and the bankin department told me to sent them my complain and all my info to the by fax I did all what they ask me for .I called the bankingbdepartment after a month and they said that they don't have a record of my complain I felt horrible I can not believe this is happening in USA in NYC so what in last to do is to ask for help to somebody kind as you please refer me to a lawyer or guide me to put that criminals that tool my money behind bars and guide me to get my money back I'm sorry I wrote a lot but I just had to let it out thank you for helping and reading this beforehand thank you
Hi Andrea, thank you for posting.
It's unfortunately a common scenario of people passing the buck, and NOT doing their job. Money Gram is insured in cases of theft. You must be steadfast in your approach, and let them know you will stop at nothing, until you get your money back! You are pretty good already. Most would have given up already. Which is why they inevitably get away with crime like this.
Questions: Do you have the original paper work. Read it literally, and make copies of it, and put in a safe place. If you can scan the documents relevant to the case it would be a good idea. Then get it onto a USB key to have it readily available. You should now put everything in writing using very strong language. At the bottom of your Demand Letter, you will instruct them to follow the rules, and terms of their own company. I have found more companies NOT following their own terms and conditions, than are.
With this Demand Letter, you are instructing them to return your money immediately. Their job, is NOT your problem! You will accept NO EXCUSES, as to why they cannot DO THEIR JOB! Money Gram is who you have to go after, they have BIG INSURANCE POLICIES that directly cover this. Do not waste your time on the phone with these drones. They could care less if you get your money, and they're merely hosting a menial job as a cashier. Nobody in corporate business cares about a person, profit is all they care about. Knowing that, you will arm yourself accordingly. Suing them in Small Claims Court in your area would be a good step to take. You WILL win. I have brought countless cases there, and spent most of my life in the legal business. You have a win win case here. Don't back down now. You have simply fallen through the cracks of the corporate tyrants who have directly played a hand in our entire economic collapse. You tell them...No More Ms. Nice Girl! Time to Pay Up, and do the right thing. You will also add in any cost involved in collecting your money, and you demand all of it back, plus cost, and interest! Compared to the size of the corporate tyrant, you are small, and the amount is small to them. Which is why they could care less. Once you file the case, you will see how fast you collect it. Making sure you get the judgment against them! If necessary I will assist in the execution process, if you are unable to collect it. Chances are they may not even show up, and the judgment will granted on default. In which case, you can get a retraining notice from the courts, to give to the sheriff to execute on. You can then sent it out to every single bank to seize the funds from their own bank account! What fun that would be!
Please do post any follow up, and results that happen. It's important for people to stick together today. As you can see, the big corporate world does not care about the little people! I however do care!
AlertPatrol@gmail.com is my direct email. Should you have further questions or need further assistance. Feel Free, the only thing you'll get from me is...The Truth!
Beware, and Be Well! Thanks again for posting this!
thank you so much brainfire I love that you are helping me, I would definetly contact you.It seems that you are the only one that is helping me at this moment..To answear your question I have all the paperwork with me,every single little thing even emails that I sent to moneygram.I would send you an email within this week so we could talk.Thank you so much for your advise and your time thank you,thank you .
Your welcome Andrea...I do not have to know you to help you, we are together in this...All of us. Our people need to be alert, and strong to deal with the crimes the corporate world is committing against us. You and I are the same, and we are sisters for life. No matter what I represent the people because of what I have witnessed for so very long. You may be interested in reading the other hub I wrote: http://hubpages.com/hub/Whos-Side-Are-You-On
It is well known that I have publicly taken the position of defending our people. No matter what job I am carrying out. The ones who do wrong to others do not like me, and rightfully so! Which is one of the reasons I formed a nationwide non profit corp! I will make sure the PEOPLE get the real facts, and truth, as well as defend them from corporate tyrants like in your case. I look forward to seeing you win this battle!
Cheers!
What if anything can be done, when you have credit cards that have been charged off then sold to a third party. Do you owe this third party? If not what is my recourse.
Have you ever heard of this happening? I had my house refinanced about 4 years ago. I am the only one that has ever been on the loan, however both myself and my wife are on the deed with right of survivior ship. I had a call from the closer awhile back telling me I needed to have my wife come in at once and sign a quit claim deed.
The atty. said they were going thru their files and noticed this was a over site. This should have been discovered when they did their title search, neither the closer nor the lender asked her to sign when we refinanced ( or within the three day right of resission)We went by their office
and upon speaking to them they admitted they had been contacted by lenders atty. The quit clain deed was back dated (we have a copy). My wife didn't sign we got a copy of the letter from lenders atty it stated that the lender only had a 50% interest in the property and my wife has the other 50% and closer needed to check with their E & O company. Now we have gotten a letter from the Lenders atty. requesting she sign (they sent us a current quit claim deed) Have you ever heard of this, what can they do to us for not signing. What does this mean for us.
Thank you for commenting.
We are doing a Free Foreclosure Focus Discussion about this very thing. This is something we offer to people with situations like yours.
You would want to write an official complaint and dispute. With firm demands for copies of everything. Note, payment history, original signed documents, etc. DO NOT Sign anything! You either must represent yourself in the action, or hire an attorney. It is imperative you take action on your behalf. Depending on where you live the cost varies, but to file a law suit against the bank you simply go to your local supreme court and file a case on your behalf, for deceptive practices, possible fraud, whatever the situation and facts are. You written communication should not contain any emotion. Straight facts, and identifying the chronology of events. Be clear and definitive. First paragraph should outline the facts of what happened. The second paragraph should outline the demands you are making, and the third paragraph should outline how it rectifies the situation permanently.
Demands I make on a regular basis:
Demand a copy of the Note. Typically they do not have this, and they will be unable to proceed against you. You have a great position of leverage right now. Do not succumb to pressure from anyone. Nobody can force you to do anything.
Mortgage Bal. $550K I settle for $WHATEVER the REAL Value is! With a margin of 20%.
Unsecured Debt I personally settle for 20% 55%. Bankruptcy will discharge most of the debt too. If you qualify.
All mortgages can be rectified if you know the protocol of the banks. Paying attention to their actions prove very helpful. They will not educate people in the slightest way though. Therefore it is up to the civilian population to educate each other. For the people by the people kind of approach. I hope this proves to be helpful to you. Stand your ground, and run comps on zillow dot com enter your address and it will bring them up. That is your current value roughly. You will not be required to get an appraisal, the banks are able to foresee the value continuing to go down.
Good luck and please give us an update.
Hello,
I just came across your site while trying to find information on laws for collection agencies.
I have several credit cards that have always been on time, never late but the past month one credit card went over the limit and this credit card company is driving me nuts. My payment is not late, just over the limit. They call me every 15 minutes from exactly 8am all thru the day til 9pm. I've never missed one payment in 7 years and still have not missed one. These calls are all over when will I pay the amount over the limit and as usual I tell them with my next payment is due. This is my work phone they constantly call me on. They will many times call me within 30 seconds of the last call. I've been typing this message for the last 5 minutes and I've already been called 3 times. I've sent the cease and desist letter and recieved my return signed receipt in the mail. Is there anything I can do about this?
Thank you for your comment.
I have been seeing this for years in so many cases. Their dialer is ill programmed, and the person programming it has no clue about compliance. Regardless, it is harassment, and you can actually call the police, and press charges. It fits right within the parameters of the laws. you can access from above.
If they are out of state, there is a different process the police follow. Nevertheless you can take appropriate action, and now that you put it in writing, they are on notice. Everything they do is under scrutiny. I am finding more and banks violating fdcpa lately, because they have a lack of flow within them. From new customers, to non paying old customers. Aside from your current account, the majority of their portfolios are suffering the collapse, and not performing.
According to the fdcpa one cannot ring ones phone repeatedly. That constitutes harassment. If a case is filed pro se, their phone records can be obtained through information subpoena to expose the activities. Anyone can do this, and the courts will supply you with all the necessary documents. You can get them from the county clerk, or download them from their web site. Hopefully your cease and desist will take effect soon, and the calls will stop. Good luck, and thanks for visiting.
Updates and More info!
They are still selling the account that originated this hub. I think they are up to about 30 times or more now. Additionally they are selling my name from a 1999 misspelled credit card that I had paid and closed. Aspire Visa is the original company who sold my name, and it is still circulating in batches of leads being sold. For those of us who understand factoring, lead purchase, telemarketing, etc., etc., etc., this is extremely detrimental to peoples credit. It causes other companies to gain a "Solicitation Foot In The Door" and bombard you with preying offers. BEWARE! If it doesn't say the exact words: "Pre-Approved" then it is not! Do not apply!
They have gotten very creative with fooling people into thinking they are getting something pre approved, but it's mere collection of names, and personal data. Do not succumb to this. It's baiting you, and collecting all your info to sell off to another company, who will begin harassing you, soliciting you, etc. I am watching it happen, I have been tracking my misspelled name since the inception of the account, and it has been sold at least 1000 times, ILLEGALLY! By so called reputable banks, credit card companies, and more! They are buying illegally obtained names, and failing to comply under their own policies and federal laws. Pay attention, and do not give your information to anyone!
I had a question about debt collecting. It has to do with recording phone calls. I live in Illinois which I read was an all party consent state. I got a debt notice in the mail, I paid it promptly. I kept getting calls from the collector from another state. It was annoying me, and they wouldn't tell me who they were and what they were calling for. I said if its in regards to so and so bill, I have paid it and stop calling me. They kept calling me, which got me more angry. So I filled a complaint with the BBB. I got a reply back from them saying they recorded 3 conversations, 2 in which I called them to try to get them to leave me alone. So my question is the call where they called me, in Illinois an all party consent state. They didn't tell me they were recording my conversation. So can I take them to small claims court and sue them? Then 2 times I called them, I get the pre-recorded message that this call may be recorded for quality purposes, but again I wasnt giving consent to record. So am just wondering since I am in an all party consent state, and even if they are not from an all party consent state, can they get away with recording my conversations?
Thank you for your comment.
The company policy may include all calls being recorded. If this is the case then it is viewed as acceptable. Most large companies are doing this. It is not targeted at you as a person. It's more for them to cover their side. There is definitely a gray area and it does certainly border on being illegal. I have seen cases of imprisonment for doing this in Pa. but not recently. One man who taped someone in Pa. did 10 years in prison.
You may want to research cases in the state you reside to see if there have been any filed in recent years. If you do find any that are similar in nature you can use it in your case. You can also speak to a local attorney to see if they feel you may have a case. You never know, this is a very litigious society. It wouldn't surprise me if you did. Keep us posted and let us know what happens.
Thanks again for visiting!
Cheers!
We are disputing a collection on our credit. When you are in the middle of a dispute, is the collection company allowed to call you?
I keep getting calls from a debt collector for my husband about his sister, he has never co signed anything for her. They are after her for equipment never returned about 7 years ago..she has receipts etc..that everything was returned! Why do they keep calling for my husband and threating me and hanging up on me, when I tell them my husband has nothing to do with it. And are they allowed to threaten his credit? what should we do?? also I have asked for written documentation to no avail.
HI Heidi and Bizzymomof4. Sorry to hear you are having problems. When a dispute is pending they are typically not allowed to call you. More details would be needed, like: Was the dispute received, and acknowledged? Did they comply with your demand? Please provide any details that you can.
If a third party is harassing you, and you feel they should have no reason to contact you in the first place...you can call the Police to press harassment charges against them, and put a complaint in writing and copy the attorney general as well. I would recommend taking the necessary action because it's likely to continue. I am seeing non stop rampant abuse and violations everywhere. It's only getting worse from what I'm hearing, and seeing.
A "Complaint with Demands" can be sent to them and be sure to copy the local/state governing authority, like Attorney Gen, consumer affairs, a family attorney. If after you told them to stop calling, and or that it is NOT the right number, and they continue calling...that would be harassment. Plus from what I can see the debt itself is "Past The Statute" already, and not lawfully collectible. Make sure you identify that too in the complaint. Please let us know any details and results. Best of luck to you both:)
Thanks again for visiting.
I owe 763.00 to wachovia from 2008 and I am unable to open up a Checking account in any bank. Is there any way of reducing this amount and not being penalized? And will this allow me to open a checking account? If so, How long after making the payment?
Thank you for commenting Cris. You can go on annualcreditreport(dot)com and pull all (3) bureaus for free. Look and see how the account is appearing, write down all the info in it's appearance. At the bottom it will list the creditors numbers. Call them and make them a small offer on and old debt. The more it ages the less value it has. Not knowing any information about the 'type" of debt it is... if it's a credit card they will settle for a small amount. If it is bank charges from an account you had that ran into over draft or nsf charges, things like that...they report you to the system that checks and stops you from opening an account. That is a different process. You would likely have to pay the full amount, unless the bank is willing to settle on those particular charges. Depends on the charges. You are welcome to provide more details and thanks again visiting!
Thank you very much for doing a tremendous service to general people. I appreciate it very much.
I lost my business after only 4 months..I did have some business credit cards which I owed money. I don't remember if my wife personally guaranteed those. One of the account we got a call from a debt collector and I negotiated and got a deal from them (The bank sold the account) 30 cents a dollar.
My question is This Business account will go to my wife's personal credit..? No one reported it to her credit. Can they report to the credit agency or it is the original creditor who can only report to the credit bureau..? Thanks for your help.
Hello George! Thank you for visiting us!
All people, and corps can report to credit. Including personal/individual debts. If she did not co-sign for the credit, then no they won't likely report anything. If she personally guaranteed the debt, then yes they can at their discretion. If you are not with assets, it's likely to remain uncollectible. It's also likely they will sell it over and over again. It's the factoring modus operandi these days. Keep us posted, and let us know if anything comes up.
Take care, and beware!
Wow, thank you so much for sharing your knowledge with us. I have a question I was hoping you can help me with.
My fiance "Lee" has an account that was sent to collections a little over 3 years ago. The company he was in debt to is a local bank. He had some over draft fees as well as a loan. He started making payments to the collection agency about 8 months ago, and has since been dealing with Tammy (a manager at the bank itself). Tammy informed him she was waiving the interest on the account because there was a mistake on the banks behalf and that it would be best if Lee made payments directly to the bank. Lee asked if he should continue to make payments to the collection agency and Tammy said no because they were going to take control over his account again. Lee has made 1500.00 in payments over the past couple of months and Tammy said she contacted the collection agency to claim the account. Fast forward to today. Lee received a letter from the collection agency stating he has 7 days to pay his balance of 15,000 in full, if he dons't then they are going to take him to court. The thing is that Lee has a document stating the account is at 8,000.00 (from Tammy). We called the collection agency and explained the situation. They stated that they have records of the payments Lee has sent to Tammy at the bank, but she has not retracted the account so there is nothing they can do about it. We asked if it's noted that Tammy previously called to retract the account and they said no. They also have no documentation as far as the interest fees that were to have been removed. We contacted Tammy and left a message and we are hoping to hear from Monday morning. Do you have any advise for us? Should we continue dealing with Tammy or should we go back to dealing with the collection agency? We are trying to make good on this so we can wipe our slate clean but it seems like one way or another we are getting the run around.
Thanks in advance,
Jen
Hi Jen:
Thanks for visiting! Sorry to hear you're having problems. If the original creditor recalled the account then it stays with them. The inflated amounts over and above the original balance is usually collection cost. More often than not they will not get that. Even attorneys don't get that unless they have a stipulation or judgment.
Talk to the original creditor since you are in communication with them. That's your best bet. Make the arrangement with them, and try to get rid of them asap. All creditors can recall an account, it's not up to the collection agency. They get credit for whatever they collected regardless. They may even get credit for the monies paid after it's recalled. Depends on their deal with them. Typically it would be coded as a DP-Direct Payment. Six of one, half a dozen of another.
You can also go on: annualcreditreport(dot)com to pull all 3 credit reports for free. Then you can see how this appearing, and navigate accordingly. You can aslo put up to 100 words of a dispute on there...all for free. I would recommend doing that.
I'm sorry to say that this is how the industry is, and it needs to be corrected. I'm working on it with many attorneys to make those changes happen. Please stay in touch, and do let me know how this goes. I can be reached at: AlertPatrol@gmail.com or 516-847-2209 All Non Profit Service to the public.
Lately it's Mortgages I'm settling, which is taking precedence over regular debt. Please reach out if you have a problem getting a settlement, Modification, or refi. My heart goes out to everyone with what they're going through in this collapse of our economy.
Hi,
Recently I've had this one creditor calling me, and when they do, my phone just keeps on ringing. And I have an answering service. So when the answering service would usually pick it up after 4 rings, it doesn't. It just keeps on ringing and ringing and ringing. That's got to be illegal, no? At the very least it is a form of harassment.
Thanks for visiting Ian:
That sounds very odd. I would say check out the answering service.
Another option could be this:
http://brainfire.hubpages.com/hub/Making-Money-Wit
On this hub I have a "Link Mine" (scroll down). You will see Google Voice. I have found this to be the BEST way to route calls to where you would like them to go. I LOVE google voice, it's the best of the best. Here's the best part. If you set it to screen calls with your own recorded message...The number gets logged in your inbox, and if it's a number you don't want to hear from again you can set it so that number gets the message: The number you have reached has been disconnected! It works, and I'm sure you will find ways to integrate it with your existing phone numbers.
Let me know what happens. You could trace the number calling you, and file a police report too if they keep calling repeatedly.
Thanks again for visiting:)
Hi, I could really use your help. I just went to court Friday & lost, the bank got the judgement against me for close to $9k. I did not take out this loan, but have no proof. They did not try to collect for 3 years, then I got served with a lawsuit. What can i do, I live in Texas.
Hi Amanda:
I'm sorry you are having a problem like this. I see this happening a lot. Firms not verifying they have the correct person.
Please go to annualcreditreport(dot)com to look at the 3 credit bureau reports. If you did not take the loan out, then your identity may have been stolen. This is unfortunately very common now so please follow up all your accounts to make sure someone is not using your name, credit, identity information in some way.
Then once you see how everything is appearing, as well as more evidence of what is going on, you can then file an "Order To Show Cause" at the court and demand the Judgment be vacated on the basis of "Fraud", and Identity Theft. You can also add a consumer statement of 100 words directly to your credit profiles for free. Please do that to protect yourself. You can word it in the way of: please verify all credit granted with me personally through a particular email address.
You have 30 days to take action (usually) and you can certainly contact an attorney. If you would like help please feel free to contact me at AlertPatrol@gmail.com.
Thanks again for visiting!
Okay, let me clarify some things, u took out 2 loans with this bank, paid off one and defaulted on one. They are saying I took out a 3rd loan with them and are suing for that one. I had already moved from that town. I was making payments on what I 'thought' was the loan I actually did take out but they were applying them to the loan they are suing me for(the one I did not get). The loan dept at the bank says they talked to me on several occasions but the info he had was incorrect. I remember getting a call in November 2008 from the attorney for the bank & they offered a settlement, I mailed them the settlement for $3500ish by way of a money order, I never heard from them.again until they served me in 2011. I wrote the judge explaining my side. It went to trial and because I had no proof, they won. BTW, the last payment that was made was Aug 2007, they filed Nov 2011. Help me please, I did not take out this 3rd loan.
Hi Amanda:
I would need more detailed information to help you. At the very least please go back to the post office which you purchased the money order at. Ask them to research the approximate year/date of the money order. Give them all the payee/payor info. They will have it on their system to prove the funds were paid. A case can be filed by you or an attorney to challenge them on the loan. Have you disputed this in writing? This may be why they were able to gain an advantage. But you have to start somewhere, gather the proof, print out your credit reports and either file a counter claim, or separate case against the companies who have done this. There is proof, you just need to get it. Their own corporate banking records will show the deposit of the funds from the money order. You can demands their records if you have a case filed on your behalf, either by yourself, or with an attorney.
Call the court clerk to ask him what documents can filed when a wrongful judgment is entered. There may a form like the Order To Show Cause that can be filed there. The clerk is there to help you. You are entitled to receive copies of all these loan documents, payment history, and whatever other documents they have possession of that are relevant to proving the debt is valid, just, due and owing. They do have to prove it's valid, but I suspect because you moved you may have not been notified or something. Please email me further details at AlertPatrol@gmail.com
My question is what kind of letter do I send after we recieved a summons and complaint we sent letters to the alleged credit card company and the alleged collection agency and the crooked lawyer Mary Jane Elliot in michigan letters of debt validation as we dont know anything about the alleged credit card and owing 3500.00 we want actual proof that we opened such account etc... I am lost on what to send and to who the collection agency and there lawyer or the original credit card company beings we are in court it has been delayed another 90 days as the lawyer said she was not prepared.. I just want this solved. thank you for your time
What is the statute for a $172 medical debt from 2002? Also, when I asked the debt collector to give me the information of the original creditor all they would give me was a name of a company that is not in the city I have live in since 2002. They wouldn't tell me what state or a phone number or anything. He said he could only mail me the information and needed my current address. I told him I don't know what the debt is from and if he couldn't tell me what state it was from then I didn't feel comfortable giving him my address, but he could email the information to me. He said he could not do that. Then after telling me it would be in my best interest to give him the address, I told him it would be in his best interest to not call me again. Am I wrong? I've never heard of the company Portfolio Recoveries, they may be legit, who knows, with all the scamming going on how can you trust a person who won't give you the information you need to legitimize who they are and the debt itself?
in my last semester of college my school accidentally sent part of my financial aid back to the government, leaving me just a few thousand dollars shy of graduation. Unable to find the $ any other way, I took out 3x creditcards from the greazy creditcard people that used to stalk the campus to sign the students up. I had a feeling it was a bad idea at the time, but it was a quick fix that allowed me to keep going and solve the other problems I was having with administration at my school.
So of course that part of my debt could not be consolidated with my school loans later on. After school I ran into financial trouble, having difficulty making payments on these creditcards. I was not far behind or delinquent, was still paying monthly, but was just barely able to make minimums, and sometimes saddled with late fees and a balance that was growing every month despite payments.
So I signed up for a debt consolidation program, which went fine for the first couple of months until the debt consolidation people started to keep my money and not pay the creditcard companies.
So I began to get harassed for nonpayment by the creditcard people, and I would tell them that I did pay and offered to show them my proof of payment. But of course the payment was to the consolidation people, so the creditcard companies did not accept my payment proof and demanded payment anyhow, telling me I had defaulted on the agreement. And when I called the debt consolidation firm, they would tell me that the creditcard companies were making a mistake by not crediting the accounts of those on the program whose payments had been sent in this electronic fashion from their non-profit group.
So long story short I was stuck between the creditcard companies and the debt consolidation people, not knowing who messed up & lost my $, or who might be simply scamming me, both of them either blaming each other or blaming me, and this quickly caused me to become completely delinquent on all 3x of the accounts. I ended up worse than I started, with no hope of recovery and no help from either place.
I was young and insecure and afraid, so I finally gave up and just stopped paying all together and totally dropped out, changed my phone #, did not report my new address, sent all mail back to sender, etc, etc.
Years go by, things got better, I re-established and finally I repaid 2x of those creditcards by doing settlements for less than the full amount. I knew this was bad for my credit, but I was ok with that. It's been long enough that those have since dropped off my credit report.
However, the 3rd company, to whom I owed the most $, sold my old account to a third-party debt collector, who has been billing me ever since, all the while adding interest. The smaller accounts I was able to do settlements because the amounts never increased. This third one keeps billing me for more $ year after year, to the point where I could never hope to repay it and I'm afraid to respond.
It has been over 10 years, and the amount keeps growing. At first I sent a couple of letters disputing it, but it never had any affect. The $ amount is far more than I could ever pay. I think I owed around $3,000 to the original account around 2001 after I stopped using it and went on the consolidation program.
They have been billing me for around $8,000 this year I think. Is this even legal?
I get letters a couple times a year offering me a "settlement" for 1/2, around $4k+ last time. The amount goes up all the time. How can they keep increasing the amount like that after all this time? I thought it was supposed to have been frozen back then. Isn't this long past the statue expiration?
And it is on my credit report also, as of a couple years ago. Can I get this taken off there?
Thanks for your advice.
Hi Marci: Thank you for your comment. I would recommend getting a local attorney, unless you are versed in the court process, you could be taken advantage of. If you are versed in the process then you would put an "answer" in for the S&C and prepare for the hearing in 90 days. Typically I settle these before they get to that point. Before the next hearing. I'm sure something happened that caused the situation, and created a scenario that brought this on. I usually find most cases to be legitimate and beyond ones control. Whatever the balance is you should demand in writing copies of the entire file, pay history, copy of the signed application, and complete validation of the alleged debt. The judges usually throw out interest, and don't allow attorneys to get it either, on judgments. Unless they have a confession of judgment, (which I would certainly NOT recommend anyone sign) That would be one way of sneaking it in. I am working on an automated generic form everyone will be able to edit, print, and mail to these culprits. Meanwhile you have to be properly represented in court. You are disputing the validity of the alleged debt until you receive copies of everything listed, which you are fully entitled to under FDCPA, and other acts. Let me know if you have a problem.
Cassie: Thanks for visiting: The statute on medical is usually 4 years. Some companies have found ways around this, by getting people to make a small payment on an old account, which starts the statute all over again. It's a chronic problem within the medical community/hospitals/insurance companies and it's just getting worse. Once you have an unpaid medical bill, (that the insurance company did not pay) you are placed into the hands of the bottom feeders within 60-90 days of non payment, and it usually ends up being a wrong billing on the part of the insurance, doctor, hospital, etc. The bottom line...people just aren't doing their job. I have witnessed terrible things resulting from this my entire time in the industry. Never stop fighting these things! They ruin people, and never look back.
Dan: Thanks for visiting. It is a common scenario and I believe there are probably 40 comments relating to the very same thing you experienced. The debt is beyond the statute, period. There is nothing further for them to do, except maybe harass you into something. If they had gotten you to make just one small payment (which IS what they were trying to do) you would have restarted the statute on the debt. Then you would have to file a case against them for unfair and deceptive practices, plus. I would go to annualcreditreport.com and and monitor who it's being sold to. I settle these types of cases for 20% - 50%. However if it is beyond the statute already I would not recommend paying it. They cannot sue you, and if they did you could immediately file a counter claim against them and win.
Hopefully I'll have this automated/editable form made soon for everyone to use. Working on it guys...Thanks again for visiting. Stay connected! (Please excuse any typos, time is short)
My questions pertains to a car title loan that I took out 2 years ago. Long story short I had been paying the monthly payments and then lost my job. I told them they could come pick the vehicle up because I would not be able to continue to pay the loan. They assured me they would work with me and there would be no need to pick up the vehicle. Fast forward to a year ago, the vehicle broke down, at this time I told them they really would have to do what they had to do and pick up the vehicle because now I can't afford to a) make the payments and b) make the payments on a car that I couldn't drive anymore. They are refusing to pick up the vehicle but they continue to call me several times a day from different phone numbers. What if anything can I do? Is there a time limit on a car title loan after so many years? They still have the title because clearly, I have not been able to pay off the loan to get it back.
I look forward to your help!
Hi Aholmes:
Thanks for visiting. Car loans are getting very interesting these days. I was personally litigating car loans at the last law firm. Interestingly I myself had trouble getting the banks to repo $50,000 BMW's, and Mercedes...with the owners cooperation no less. (Which by the way is not the norm). Instead what they are now doing is forwarding the accounts to attorneys to sue them, and the attorneys usually get monthly stipulations for payments, you keep the car. They of course charge interest too. If it's a large amount, you can try to settle it for less. But be careful, the IRS gets notified on all debt over $600 that is settled at less than the full amount. They count it as self employed income, on a 1099. Surprise! Tax nightmare, by invitation only.
If you have no assets, bank accounts, stocks, bonds, or real estate to attach, then you are judgment proof, and they can sue you until the cows come home...doesn't mean it will be collected. Most firms have learned NOT to do this mindlessly but then you have your vultures out there who think otherwise. The courts are 6 - 18 months behind, the Attorney Gen. is like 4-6 weeks behind on complaints, and the sheriff offices are the same as the courts. Everyone is flooded with this.
I would need to know what company it's financed with, what state is the car, at a shop or at your house, and how much is the balance on the loan/repairs. If you are unable to pay debt over $3000-$7000 (most states) you can file bankruptcy. Depending on facts of your situation that will determine what chapter. Consumer credit counseling provides a voucher which is likely necessary. Please feel free to provide more details if you like. But if you do qualify for the bankruptcy I would consider it. It's one of your Rights. Keep us posted, and good luck!
Thanks for your response! The balance is about $1400 and the company is Cashpointe Car Title loans. The vehicle is currently parked at my house as I can't afford to have it taken in to a shop... I just want them to come get the car :/
Thank you for your comment. I understand. They will not likely come get the car, as they probably do not have a way to liquidate it. Best thing to do is settle the debt with them for a small amount, (like $200). Look up the value of the car on nada.com and then deduct the repairs from that. It could end up in the red. If so explain to them the car is worth zero/xamt. because of the repairs needed. I feel confident they will settle with you. The title may hold a lien, but if the car is worthless, then so is lien. Good luck and keep us posted.
I'm not sure if the laws are the same in Canada as the USA but I'm stressed out to the max I have a personal loan out with CITIFinacial for 2500.00 took it out in 2007 I have paid on it up till july of last year every time i did fall abit behind they would get me to resighn so I would have a month before making another payment now I'm getting a call from this agency saying I owe 10,000.00 to CITIfinacial and hafe to pay right now as they know where I am and will sue me she keeps putting words in my mouth and then calling me a liair and calls me all the time I have told her I don't have the money and sue me as I have no money my heath hasnt been good and I have no idea what to do I'm scared I'm stressed oh and I had another load with CITIFiancail credit card that went to collections they told me if I paid the 1700.00 of the 2200.00 owed it would be closed so I did and now they are calling me and saying the same thing and I hafe to pay the 500.00 after they said it was closed if I paid the 1700.00 and they are right out mean I have them calling 15 to some times 30 times in one day back to back I don't know what to do I wish I could pay them but I can't and they will tell me I can't own any thing for 10 years or they can take it
Hello Candace!
Thank you for visiting, and I'm sorry people are doing this to you. If what you wrote is what is happening then you have an FDCPA Violation case against this firm, and or citifinancial. Everything you mentioned is a violation by itself. Ringing your phones like that could have them arrested. Call your local police dept. and tell them there is a person threatening you repeatedly by phone. They are able to confirm if a number calls you excessively. I have seen people hand cuffed, and carried out of collection firms, banks, and law firms personally. What you describe is a violation of federal law, and you can take action.
None of what you were told was true, and you lack the assets for them to attach anyway. Do not allow these culprits to cause you stress. Write down the phone number they are calling from and call the police, and provide me with authorization and we will take action on your behalf. Within 24 hours of receipt of our letter they will cease to contact you again. Potentially other mass violations could also be exposed upon investigation. We have plenty of attorneys if needed. I work on donations for the church and non profit so I can continue to do this for people.
Please feel free to reach out if you would like help with this. You can reach us at AlertPatrol@gmail.com 516-847-2209 10am to 10pm 7 days
I need advice my mother is being harrased on the phone because of a doctor's bill of $181 that has not been paid. My mother paid the hospital bill $315, but not the doctor's bill because she said that the doctor did not do anything he only told the nurse to give her an allergy pill because she got stung by a bee. My mother does not speak English and all the messages left on the answering machine state that she needs to pay. The message left today states my name because my mother put me as a reference. She is very worried because they threatened to bring court documents to her house. She has not paid since June 13, 2011. Please advise. Thank you.
Hi Andria:
Thank you for your comment. I am so sorry you and your mom are having this problem. I can assure you a dispute can be written and sent to them to stop them. It's unlikely it would go legal due to the small amount. Medical bills are famous for causing people problems due to billing errors, and many other things. She has every right to dispute the bill, and order them to Cease Desist from further collection activity.
Feel free to email me/call to discuss. We are non profit, and help many. AlertPatrol@gmail.com or 516-847-2209. Open 10am to 10pm EST.
Thank you for your quick response. I appreciate you taking the time to answer our concerns and for sharing your knowledge and expertise, we need more people like you. Thank you!
I am living a nightmare from my car loan This is my situton I brougth a car last yr. I ask the company could they change my payment to the first of the month instead half the month. The refuse to do so meaning I getting hit with late fees on my loan. The have been call my phone 7 day a week every hour meaning 84 call aweek. I had to change my cell number plus I have a 6 mos baby, now I am about to change my home. All my payment are up to date but they are call me for late fee an once again I asking them you guy need to change my payment schudule that all but no process
Hi, I am hoping you can help me with something. My wife recently received a call from a creditor trying to collect a debt from a wal-mart card. They say the debt owed is $700 dollars, but the card had a limit of $200. I pay the bills in our house and am sure that this card was paid off, and had my wife cut the card up. I havn't received any statements or notifications since I dropped the check in the mail. Now over 2 years later we receive a call from this law office saying we owe them plus interest. I dont have any way to prove payment of the debt since it was over 2 years ago and at the time I didn't even think something like this would happen. I guess what I am asking is it seems a little suspicious and very conveniant for them to never contact me about this supposed debt and now want me to pay over $500 hundred in interest when the original debt was like $185. If for some reason they didn't get my check shouldn't I have received more statements still showing a balance. And am I responsible to pay the interest of a debt that I am sure was paid off, but have no way to prove. I still have never received anything in the mail from them, not even from this creditor who called my wife. Any advice would be greatly appreciated. Thanks
Hi William:
Thank you for commenting. You describe a typical scenario that many people are going through. Simply write a dispute letter using the language up top in the complaint letter. You are entitled to copy of everything, and entitled to file a legitimate dispute being that you paid it. The debt industry will always try to get more than the balance by adding collection cost to the balance. Put the dispute, cease and desist letter in the mail certified return receipt and demand they cease all activity immediately. Someone you paid CAN verify this, and it is part of the law that protects your rights. The proof is there at the bank, and the creditor you paid. They are required to keep records for 7 years usually. If you continue to have a problem feel free to call us. AlertPatrol@gmail.com 516-847-2209
Thank you for taking the time to lend some advice! I am going to take your advice and see what they come up with.
Thanks again! Sincerely
Hello,
Im hoping you can help me. I have taken a loan for the college network in 2007 through Southeast Financial Credit Union which are study materials to challenge subjects so that I may get onto Indiana State for their RN program now The college network is not a college they provide materials so I guess they are a publishing company in any case I fell behind on payments as I lost my house around that time n also was hospitalized. This is not a federally secured loan now I filed chapter 7 last year Oct which included this loan. Last week I get a phone call from a collection agency in Texas saying they will contact the CA nursing board n report me n I can loose my license as well as them garnishing my wage now in fear of loosing my license I gave them my debit card info on a Mon eve after I told them I can't afford it and that this has been discharged. I called my BK lawyer n she said for me to just pay since educational stuff are not dischargeable and this is what Williams Rush n Assosciate said now on Tues I spoke to another educational attorney who said it's not federally funded n for me to cancel the card with BA which I did and I told the collection agency that I closed the card N that I need to speak to my husband 1st since I know these were dc already n that $589 every month is alot n I don't have that n Aea Williams still processed payment on Fri this is when I called my bank n found out they cancelled the wrong card n only cxld it last Fri. Now through all this they only emailed me their proposed payment plan in which I never agreed to and I also emailed that to them. Last Friday they also called me @ 6:28 in the am to try n talk to me since I told them I never agreed to their terms. Now I filed a claim with BA n they temporarily credit my account back but the collection company still got payment which re triggered the account based on ALL the info I'm reading as well as what the collection lawyer told me that I have reaffirmed the debt n basically on my own as of Mon they have not called me. I have not been able to sleep in fear of loosing my license and being sued to have my wages garnished I can't afford to pay them as they said I owe them $9400. What can I do? Who can I talk to? Also they never read me the Miranda or sent me anything via mail only thing I got was the email. Pls help I have 2 kids n my parents live with me on a rented house.
Claire
Hi Claire:
Thank you for visiting. I really hate hearing things like this. I would be happy to take action on your behalf. Please contact me through email, or phone.
First I want you to go to this site and begin the process of consolidating that student loan. I actually specialize in student loan situations. My experience in delinquent student loans of all kinds goes back to 1982 when I was running the entire collection area of all 5 boros in NY for dept of ed.
This can be consolidated and I'm going to show you how. Click the link or copy and paste in to browser. http://studentaid.ed.gov/PORTALSWebApp/students/en
This is a timed process so you have to get all your stuff together and be ready with what they ask for in 10 days. The last guy I helped had way more than you, and he is all set today with none of these problems anymore. It's a process I have been using that works well since the 80's. Plus you have me to call now for reinforcement, and back up.
Nobody can do anything to your license, and I want you to provide all the details so I can let the proper authorities know. I have identified several violations of federal law in what you have described. I assure you there is a way to deal with all of it. Please reach out when you have a chance to discuss.
Notate everything you know about them. Who ever is involved I will show you what to do. AlertPatrol@gmail.com or 516-847-2209 10am to 10pm
You are a great man helping mankind out of their miseries & guided them through away from collection agencies & other matters. Top hat..off to you. Sir, as for me, I'm also experiencing the same dilemma.
My husband filed Chapter 7 Bankruptcy in 1997 & dissolved 13 years ago in 10/1998. Now & then, this one Agency is demanding full payment of $30927.51. I quote this agency, “We have completed the asset, account, and employment investigation. Based on you continued refusal to make payment we are now preparing a recommendation for legal action against you “.
My husband’s credit cards and my credit cards were consolidated during bankruptcy. I think it was filed under his name as then I was a housewife. We sent documentations to creditors when court dissolved it.
We divorced 7 years ago. Where do I stand? I’m so scared, lost & can’t sleep because my mom transferred her house to my older brother & me in 1993.
Hello Leda!
Thank you for visiting. I am actually a woman...lol Thank you for your kind comments.
I'm sorry to hear you are having a problem like this. Make a copy of the bankruptcy paper work and keep handy to send out periodically. (you can likely get it from the attorney, or on line court records) There are links above to those sites.
If the debt was discharged in a chap 7. Then that's it, they cannot collect, and are actually in major violation of federal law. This is the type of case we handle frequently. Please give us a call at the non profit to discuss remedies. You can reach us 10am to 10pm daily. 516-847-2209 or AlertPatrol@gmail.com
Do not let anyone intimidate you like this, they are not complying with the laws, and we will be happy to help you. Looking forward to talking. Thank you for alerting everyone as well. I know this is happening to a lot of people. Hence the reason for this hub to help educate everyone. Have a great day and never let culprit on a phone affect you like that. I will show you what to do, and you may be entitled to money damages.
Hope to talk soon:) Take care and beware!
I am living a nightmare from my car loan This is my situton I brougth a car last yr. I ask the company could they change my payment to the first of the month instead half the month. The refuse to do so meaning I getting hit with late fees on my loan. The have been call my phone 7 day a week every hour meaning 84 call aweek. I had to change my cell number plus I have a 6 mos baby, now I am about to change my home. All my payment are up to date but they are call me for late fee an once again I asking them you guy need to change my payment schudule that all but no process
Hi John
Thank you for your comment. The relentless pursuit of monies from the debt side of credit has become reckless, ruthless, and extremely tainted. Unfortunately because they not collecting as much money as they were before desperation has become the norm. Anyway they can get is how they seem to approach it. I am even seeing Principles breaking the law which is unusual. Not that it's never happened but more like they've joined the rest. When you take out the "refi's" from the picture it proves collections is down industry wide to depths not seen before. It will never be as it was before.
I recommend writing them a cease and desist letter demanding they stop calling you, and communicate through the mail only. Since you are not late, or charged off that should work fine for you. If this should fail you then call us and we'll help you navigate. Indicate in the cease and desist letter that they are disturbing a new born baby, as well as violating FDCPA. If you are actually able to prove you have 84 calls in one week, you have a harassment case. Please call the non profit to explore legal options. Remember there is always a way to deal with any situation that could arise...you just connected to who will help. Feel free to call us: 516-847-2209 10am to 10pm. or alertpatrol@gmail.com
Not happy about hearing all of this from everyone. Not happy at all...I'll update everyone on what I'm going to do next.
thank you for your advise dear Lady. I'll be calling you at 8pm. today
If an outsourced company is using a predicitive dialer and the dialer calls before a paper bill is printed for a healthcare provider in California, is that an illegal billing practice? If so please let me know the FTC, FCC, State Law etc. I have been searching for weeks to find this but to no avail. This is concerning because a fellow co-worker is taking the fall for this company as "Human Error" had contributed to this system failure. But I'm finding the system has been doing this all along since it's initiation and that it was actively covered up and admitted too behind the scenes by upper management. I don't want to frivolously whistleblow a problem that isn't there. Thank you for your time.
Yes this is common anonymous. Unfortunately corporate entities like this are finding very creative ways to facilitate many things in billing and they are wrong. Most victims become victims of collection abuses because of this very thing. There is certainly nothing wrong with calling an audit/investigation through the authorities that govern this industry. It is their job to police, and correct, sue or shut down whomever is violating rules that are to protect people. You are also able to write up the complaint/notice as Anonymous. An insurance auditor would be called in, as well as the insurance commission. Suspicion is enough of a reason in this case. A third party unrelated to the firm would be in order to conduct the investigation. Once that began you would also be protected either way. Pursuit of what is truthful, good, and right is the best fight of all. We are all together in this whether good or bad. It is up to us to make it good. We The People...say Nay to deception and bilking people for profit. The biggest team of all is now awake and formulating wide spread efforts to affect change for the better. You are one of us, and I can feel that you feel compelled to do something. Follow your heart with Love, and let your belief for what is right guide you. I have plenty of attorneys I can link you up with. Call to discuss some options. Thank you for posing this scenario. With you all the way my friend. alertpatrol@gmail or 516-847-2209 10am -10pm
I have 2 debts that are being repeatedly reported as new collections by the same agency, monthly. I've been searching online and can't seem to find any information on the legality of this practice.
As if it were normal many of these companies do what ever they want until they get caught. The federal laws are very clear, yet there are continuous rampant violations on the rise. Inevitably it is up the people themselves to take the necessary action on their behalf. Great right? It's federal consumer law to protect consumers, and most of the consumers are not familiar with it. Hence what you describe above.
Unfortunately I am also a victim of this very thing. My paid debt from 1999 is still being sold right now. Over and over again. Also the original credit card company sold my name illegally on top of it. So from one account they got 2 things to sell over and over for profit, and it is bogus data. The debt is not owed, and "lead" name: my name they are selling is invalid, and even misspelled...lol
The only thing you can do is sit back and wait for them to violate the laws. Which I am sure they are likely to do. Then you can call me and I will help you file a case and win damages. Right now it's the only way to deal with them. My team and I are working on something nationally to target this once and for all. Until then stay in touch and let me know what happens. I assure you there is a way to deal with everything.
Good Luck:)
I am hoping maybe you can answer a question for me. Back 2005/06 I had some student loans out through the college I was attending online. The loans were through Citibank. I was actually unaware, and not really sure why, the school did it in several different smaller loans instead of one big one. Somewhere along the lines, between life and what not, I had forgot that these loans even existed. And like a fool hadn't been pulling my credit reports. I suddenly got this call the other day from a outside recovery company asking me if I legal representation because the company they are working for is going to take me to court if I don't pay these. Of course not knowing what they were talking about I went a pulled my credit and found these loans. Now I have talked with Citibank and verified these loans were taken out during that time, but here is where my questions come into play. I'm not denying that I owe these, but what leg do I have to stand on since I haven't heard anything about them in the 6 years they've been open? Supposedly Citibank's Internal Recovery Center was trying to contact me, but I never heard anything from them. And I also found that when I pulled my credit that they had refinanced 3 loans into a 4th one, which is then listed on my credit as being charged off as of Nov 2006. It states that they have written off Nov. Citibank informed me when I talked to them the other day that they then sold the account in Mar 2012. I'm kinda at a lost at what I need to do here. This whole thing just sounds kinda fishy to me, the agent I talked to from the company that bought it, really couldn't give me much info other than he was reading me my credit report when I was talking to him on the phone. Citibank confirmed that the company he said he was representing is the company they sold it to, but when asked how they sold something they showed as being charged off in 2006 they couldn't give me an answer. Do I just need to try and settle this, or let them take me to court like he told me a couple of times now? I greatly appreciate any advice here.
Hi Chris:
Thank you for visiting. Another very common scenario. First it sounds like they may still be beyond the statute. You need to send them a cease and desist, and demands copies of the entire file. You want to see the date of signature, and type of loan. Regardless of what they say verbally on the phone to to you. Get their address, and forward a letter to them. Or you can call into the non profit for additional help if you're not sure how to handle. We handle these cases regularly. If it is beyond the statute they may be trying to trick you into making a payment to restart it. The date of charge off, or last payment is what starts the statute.
A GSL, NDSL, FISL, and others would fall under the student loans issued by the gov. These types of loans are not dischargeable in bankruptcy, but if they are over a certain amount, and consolidated with William D. Ford, everything goes current on your credit report. Also usually at the 25 year mark they are forgiven.
Thanks again for visiting and commenting, it's important for people to know this.
More details needed, and feel free to call/email the non profit. 516-847-2209 alertpatrol@gmail.com.
Hello,
Thanks for all the great information you have provided. I filed bankruptcy in August of 2011 and was discharged in November of 2011. All of my debts were included under chapter 7 bankruptcy. One of my debts was a payday loan from 2007 that was part of the bankruptcy. Since my discharge they have hired 3 collection agencies, to date to try and get their money. I have given each of these companies my case numbers and also faxed a copy of my discharge letter. One of the collection agencies went as far as threatening to come to my house and arrest me. This has been very stressful for me and at this point feel severly harassed by this pay day loan. Can I file a harassment lawsuit against them. Please advise.
Hi Cypress00:
As always very disturbed to hear this. Everyone in the industry is supposed to be checking each name on the national bankruptcy filing site. It's mandated and with violation of this comes mega fines and liability against those breaking the rules. You can definitely file a case if you know how. Pro Se is the power of the people. It disgusts me to know after all the grueling years I spent in the industry doing things correctly that it would end up like this. It has literally become a rape and pillage of the people. Everyones personal information has now been scattered about the bottom feeders cages and they are having a field day with it. Metaphorically speaking we are f.u.b.a.r. . If you don't take action they will just continue to violate people. I won't stand idle if you won't. I would review it and fire out a complaint to make some changes happen. Provide me with the scenario as it unfolded chronologically. I can see if you have a good position of leverage. Feel free to give a call/text/chat/comment. AlertPatrol@gmail.com 516-847-2209
Thanks for commenting, alerting us, and stay tuned in!
I have to say I am very disappointed to see how many people are having problems. I watch statistics, global web activity, key word searches, and so much more. I am seeing a huge surge in violations, and people directly searching for help with the bottom feeders (bill collectors, legal collectors, agencies, factoring investors). These are people who buy people, and cash in on their existence. You have been monetized in a myriad of ways by people who you will never even know exist. Their pockets got fatter because you exist. From your existence comes your offsprings existence and they have already been monetized too, and put right into the assembly line of the myriad of ways they will be cashing in on their existence. And so on and so on. To simply remove the emotion of what our life is to mean, and reduce it to what it equals by dollar value. This is the current modus operandi of a coercive patriarch society built on fraud. According to the constitution it is we the people who are burdened with correcting it. Here we are today with the results of what this particular structure which enslaves all beings in a mindless protocol of leeching every ounce of life shown to exist does. If you are alive you are part of it. Our future needs protection. That is the matter at hand, and now all of us will be doing things we never had to do before. It will continue to be ever changing in the days ahead. Adapting and focusing on survival is important now. Priorities have changed drastically and will not be changing back to what we the people were familiar with. There is no person on the planet who has ANY experience in the current status of our financial ruin. This economic financial collapse occurred because of the structure they worked within. It was predestined and seen by many. Hindsight, and foresight could have been applied.
Today our organization is more focused on solutions for the people. We are preparing final plans to build and operate self sustained farms with renewable energy that is totally green and supportive of the farms. We produce 5-11 times the annual fruit and veggie harvest, and provide new housing, jobs, healthy food, amenities and so much more. I really need people to join and be a part of OUR FUTURE together we stand and live life for and by the actual meaning of life.
Please visit us and become aware of what we know. It is the positive side of life. And it's us and our children, and you and your children we working hard for. matriarchlifestyle.webs.com
Shifts and Riffs of our world today...we are worth it right? We think so:)
Im being harrassed at work with phone calls from a payday loan collector that I defaulted. They are saying that im going to be detained and it will be all over the news. Ive tried to make payment arrragements but they dont want to work with me, this has been going on for almost 3 yrs and the threats are getting worse eat time they call.:(
Chris:
Please give us a call/email/text/chat 516-847-2209. This is not good what they are doing. Please provide further details. Nobody can detain you, they are lying. Looking forward to talking to you. I would really like the details on this firm. We are open 10am to 10pm.
I read the statue of limitations in NJ for credit card debt is six years. I just received a letter in the mail from a debt recovery company who I assume purchased an old debt. I have been divorced since 2005 and I have not obtained any credit cards since then so it must be over six years old. Can they collect on this debt or is it too old?
Thanks for this great discussion!
I had a disreputable stock broker who lost all of my money (over $1M) last August--including the $178k in stock I needed as collateral to back a bank loan. I have NEVER missed a payment, never been late--NOTHING. I have recently suggesting assigning home home equity as collateral (after just getting a high enough appraisal, thankfully). But when I had no idea what to do or how to find the collateral I told the harassing banker (and I mean relentless) that I would try to pay $2000 a month on the debt ($128k) instead of the normal interest-only payment (around $450 to $475) each month that I COULD! Now I am getting emails twice a week telling me to deposit the extra $1500 in the bank to cover "This month's payment."
He's driving me crazy. My son is in college and this month alone cost me $15,000 in tuition and expenses, and last night he was admitted to the hospital--sick as a dog from a virulent flu. Now he is home for a week and can't work of course.
I was up all night and screaming in fear and worry and then the banker started in on me this morning. My best friend died the week before and I asked the banker to give me a few more days to grieve--but he didn't. Started nailing me to "GIVE HIM THE APPRAISAL" that I had just done on the house proving I had the equity--and on and on...
I am SO HONORABLE, but I am tempted to stop paying that loan (which I really cannot afford any way) and just let the damn banker come after me. Is there any way to see if this is a non-recourse collateral loan or RECOURSE loan?
Thank you so much for your help. Also, I have two credit cards that are NEVER LATE and I always overpaid them. Now they are raising my rate to 30% and cutting my credit limit in half. I have just had it.
How can I fight this? I stopped paying them last month since I have had enough. How can I get them to settle for reduced amount like 15%? I do NOT care about my credit any longer. I feel like I'm fighting usurers.
Thanks so much,
Laura
Hi Laura, and thank you for sharing this experience. I'm sorry you are victimized by these tactics.
Was the stock actually encumbered by the bank loan? If not then they are an unsecured creditor. If there is little ability to pay you may qualify to file a chapter 7. If not you can basically decide this scenario as to how you want. If the banker is harassing you they too fall under FDCPA, and countless cases have been won against the original creditors. He is still bound by many laws which will dictate what he can and cannot do. It's disturbing to see the actual creditors doing this to people before charge off. It is a serious problem within the industry, and completely against the people who keep them in their jobs in the first place. Very counterproductive from a banking management stand point.
Our non profit works on donations to help people like you. We would be happy to help you get them settled. It takes roughly 180 - 210 days of delinquency to charge off from the in house collection attempts. Then they typically place or sell the accounts for further process. I would need some further details so please feel free to give us a call/text/chat/email to 516-847-2209 or alertpatrol@gmail.com
what can you do if someone threatensto sue you. I got money from a group of people, and it isnt due to pay the money out until two more months.
Danny thank you for commenting. I'm not sure what kind of debt it is but if it's not due yet, then the threat sounds empty. Were there documents signed stating such? I am hearing a lot of empty threats these days. To sue someone you have to have grounds for a suit. It doesn't sound like they have any position yet. Until it is delinquent they would not likely sue you. Please feel free to provide more details. Best of luck!
My husband was unemployed for 3 years and recently went back to work at a fraction of the pay he was receiving. I have a $30K job. Before his unemployment we had no credit card debt. We accrued it to pay for our son's schools and took out cash advances to live. We cashed out a pension fund and hired a "debt consolidation" lawyer to work out reduced lump-sum options with all our credit cards. He accomplished nothing other than our phone stopped ringing. I have heard nothing from any credit card companies. Recently I received a letter from a law firm attempting to collect a $13,000 debt that is owed to Citibank. They offer to enter into a payment arrangement. I am already on so many payment plans for medical, taxes, insurance, school, car and struggle to just pay the mortgage and keep the lights on. What do you recommend as a course of action please?
Hi Kelli
It sounds like you would qualify to file for bankruptcy protection. The outcome is better than being hounded for years to come. The kit can be purchased at staples or officemax for around $20, and online. It's about $200 to file in most court houses. Chapter 7 would apply to your situation if there are no assets to liquidate. Please feel free to post additional scenarios if you like. Thanks for your visit and comments.
Thank you for your reply, I was afraid that was what you would say. Our situation warrants that both my husband and I would have to file. He is currently working independently as a Consultant while continuing his search for a Senior Level Executive Position. I fear that a bankruptcy would hinder any employment opportunities, would it not? Also, one big client or signing bonus would alleviate our financial mess and regretful of filing. The question remains what do I do in the meantime while I wait/pray for that day to come? And at what point do I pull the plug? Thanks so much.
Hi Kelli:
The best approach is what makes sense mathematically. Try to eliminate any emotion from this equation and decision. Debt is business, period. You will get a fresh start upon discharge. I do not feel you would be discriminated in the work place. You can also mitigate the effect by putting a consumer statement of 100 words onto you credit report.
http://annualcreditreport.com/ is where you can get your 3 credit reports for free. Right from that site you can add the statement of dispute/fraud alert/victims statement/whatever may apply. The whole process is free. Once filed you will be able to move to reestablish your credit following the filing. When I hear the word "regret" I see that as emotion. I can assure you nobody at the creditors has any feeling about your plight. It's all math and that is the best way to handle it. Besides they get a huge tax write off.
Many people are going through this, and unfortunately due to the economic situation time is not our friend in this scenario. I can show you many ways to reestablish once you have been discharged in the bankruptcy. Also anything that is current, can be left out of it. Either way stay in touch and we will meet the future together. I'm not going anywhere, and this is one of quests to help everyone. Thanks again for visiting:)
Hi! First, I want to thank you for sharing your knowledge and wealth of information to the general public, like you said, that doesn't even you they are being victimized daily and running their credit and sometimes, their life. Second, thanks for using common everyday language. I am a school teacher; and sometimes, I can't understand the meaning of the context because I don't understand the legal mambo jumbo language it is written in. Now, moving to my problem. Due to my own actions and actions of creditors, I don't have the best credit. I needed a new computer for work so my husband and I went to Aaron's Rental in Bossier City, LA. (Its one of those places you rent to own from.) The night we rented the computer our first sales associate told us if we would take a pre-owned, factory restore laptop, he could get us (as he pointed to a Dell laptop)for $69.95 per month. It really was too good of a deal to pass up. We said yes will take it. Well, when we got to the register to finish the contract with a different sales associate, our monthly contract price had doubled to $124.95. Rodney, my husband told the associate that wasn't the price we agreed on. So she called the first sales associate over and asked him about it. He admitted what he told us. She corrected the amount that night and we left. This was on Friday. Monday week at around 10AM, my phone rings with Randy, the district manager on the line, asking me to get Rodney to stop in and finish the contract on the laptop. Suspiciously, Rodney went by Aaron's on his way home from work that evening. They had changed the contract back to the $124.95 price per month and asked him to sign it. This all happened between Jan 15, 2012 to Jan 18, 2012. On the first on Feb, 2012, the calls began with the sales associates calling daily saying our contract needed to be renewed by making a payment. Now our original contract date was the 16th of Jan, 2012, making the 2nd payment due on the 16th of Feb., 2012. Everyday since 2/1/2012, someone working at Aaron's Rentals on Airline Dr. in Bossier City, LA has called me or me and my husband telling us our contract has expired and we need to come renew it. Everytime, one of us will remind them that our payment isn't due until the 16th of the month. After a little discussion, they will say "Oh! I see it. The notes on this account aren't in the right place." Occasionally, Rodney has called and said I don't get paid til the 18th or 19th of the month but I will be in on this day to take care of the account. Aaron's Rental accounts have to be renewed on a monthly basis. We weren't aware of that in the beginning. We are now. My question is can Aaron's legally continue to call us saying our account is past due and its not! The district manager, Randy, called me again yesterday and I asked him if he got tired of making the same phone call to me on a daily basis to find out he's information in his system is wrong because our account isn't in default. He smarted off to me saying he didn't need me telling him how to do his job or what he needed to do in general. I said, "I apologize if I offended you; however, it is very offensive and unprofessional that everyday for now 3 months, you have called me saying we are in default. WE ARE NOT! Our last name is DICK. You can not tell me in a 24 hour period of time that you or your sales associate doesn't remember calling me yesterday or the day before that, or the day before that, and so on. He told me he would take care of this issue to where I wouldn't have to hear from him again. My name isn't evern listed on the contract as I don't have a job. Legally, he should be speaking with my husband and only my husband but again, because of their incompetence and professional integrity, they are breaking the law by talking to me about someone else's account. He said he was done with our conversation and he hung up. That was at 10:12am and then at 6:48pm yesterday, someone else from that store called me telling me our account is in default. Do you have any advice for me on this matter? Can you point me in the right direction at least to get them to stop calling? I sent a letter to the headquarters for Aaron's Rentals a month ago asking them to have their district manager over the Bossier City, LA office and his sales associates to only contact me when my contract was expired. I've not heard on single work from anyone employed with Aaron's other than the manager, district manager, and sales associate of the Bossier City, LA, store. Any help would so be appreciated. Thank you!
Hi Onthugo:
Thank you for visiting and commenting. It is a growing concern that in house creditors are harassing people as you describe. There are many cases now against them for this type of activity. I would recommend sending them a cease and desist letter informing them under FDCPA, Consumer Rights laws, and a myriad of other laws that protect consumers, that they are NOT to contact you again, except in writing. Once you do that, (and I would copy the attorney gen, BBB, consumer affairs) they should not call you again. You are right you are 3rd party to the debt. They shouldn't be speaking to you at all. I would include that in the cease and desist.
You would think they would leave the paying accounts alone, and focus on sales right? I suspect there is a mismanagement problem within the company, and it's where the problem stems from. Putting them under some public scrutiny should definitely nip it in the bud. If you continue to have a problem, you can always reach out to us at the non profit.
Only a teacher would notice how I have written things. Thank you for noticing, I do try to simplify things for all people to be able to understand. I prefer an even playing field. If you play chess then you know who's move it is now. Be well, and don't stress over it. Maybe it's your husband who needs to be running that company...keep us posted! Take care:)
Feel free to give us a call/text/email/chat alertpatrol@gmail.com or 516-847-2209 we're open until 10pm every day:)
I posted a question a few days ago but you did not respond. I received a letter in the mail referencing a credit card from at least 7 years ago. I live in NJ so the SOL has expired. A debt recovery company has bought the debt. Can they collect this debt through levies or wage attachments or are they just hoping I am unaware of the SOL and start payments. Should I ignore the letter or respond to them with a letter telling them that I know the SOL has expired?
Karen I'm so sorry. I cannot even believe so many people are having this problem. Please forgive me.
Any debt beyond the statute cannot be sued, unless you knowingly agree to pay it. Meaning you know it is beyond the statute but wish to pay it anyway. It is your choice at that point. They cannot legally take any action against you and if they threaten to then they are in violation of federal laws.
There is a very good chance this will not be the only agency to contact you. I am seeing zombie debt being sold beyond 10 years past the statute. They try to wrangle people into paying them through trickery. Some people fall for it too unfortunately.
Definitely put them on notice, and they will merely close the file, and package it up to be sold to the next low life. You may want to set up a free google.com/voice number too. It's awesome, and you can click the button that says: "The number you have reached has been disconnected". If they should get a hold of the number. You can also forward your calls to it.
Start taking steps to protect yourself from these bottom feeders. I would put a wager on it that it will be sold again, and you will get more calls I'm sorry to say. Either way they are out of luck on this one. If you need more help, please feel free. Good luck and stand firm! :) Thanks so much for posting you experience!
No need to aplogize, I appreciate you taking the time to give advice. Someone told me to be carfeul responding to them at all because it could inadvertantly start the SOL over again. I DO NOT WANT TO DO THAT BY ACCIDENT. I read your sample letter and thought it sounded awesome - is this safe to send? Thanks again.
Yes with a bit of modification you can send that. Just change it around to fit the scenario. I'm going to provide links soon to editable docs for this purpose. With the freedom of editing and printing yourself. I am working on it. Until then bear with me and work with the one above for now. I'll post the link to the new doc soon.
Be sure to copy one or two of the authorities in your area as well. It pays off in the end to keep them informed so they in turn do a better job for the people. These tactics need to be eliminated completely. Thanks again for being patient with me, and posting your scenario. Be well and don't take any crap from these culprits. :)
What about student loans and such? Thanks to Bush there's no way to get rid of them other than paying them off :\ and they are perhaps the worst offenders for harassment these days.
Hell, over the last few weeks my student loan company, Sallie Mae, has been harassing me and my parents for money even though I should be a full time student still (it's something I'm working out with my school, it was a mix up) and the agreement was that I'm not supposed to be paying back the loan until 6 months AFTER I'm done with all my schooling. So even if I did "drop out" as they claim (I didn't) it's only been about 7-8 weeks, not 6 months. Any comment on this?
- Andrew
Hi TheGodEmperor
Thanks for visiting and posting your experience. I think it's accurate to identify how it is now happening with the original creditors too. The fact that there were many cases documented verifying they are violators too. I thought back in the 80's that the student loans would be protected from this, but as you can see even the governments paper has been tainted by this. Go to the William D. Ford site and see about the options they have. I have referred many there and were able to consolidate, or have them repurchased. I know there are some options there. It might be worth a look.
I am not sure who it is calling you, but if they're handling student loans I feel certain the government body in the Dept of Ed would be very interested in knowing about any anti student behaviors. If you qualify for a deferment then proceed to make sure you get that. If you are still a student then yes you would definitely qualify for a deferment. They also have hardship deferments, and more. If you need help bringing attention to the activities please let us know.
William D. Ford: 1-800-557-7392
Websites:
https://loanconsolidation.ed.gov/AppEntry/apply-on
Best of luck! Feel Free to post any updates
Fascinating info! I was searching for info on a collection bill and found you. My question is can a medical lab collect on a bill that services were rendered a year ago? I am sure I paid my doctor for this blood work and the lab is now (a yr later) sending me a bill for it. I called the lab company regarding the bill and got some strange explanation that the doctor computer system just now kicked out the info so they could bill me now. Its 30 days later and I just received a second bill from the lab company but noticed that it appears like a new bill with today's date and the "over 30 days" was not updated. Can a company try to collect on services that are over a year old and this is the first billing?
Hi Brenda, thanks for visiting and posting this. I have been witness to so much incorrect medical billing it's scary. It is so common that if you do visit a lab, hospital, doctor who orders tests, it's almost guaranteed it will not be handled properly. I have seen so many people with great credit severely affected by this widespread problem. Unfortunately it's so widespread which is why it's so out of control.
You need to really stay on top of these medical bills and never leave it to chance that someone is actually going to do their job. It just doesn't happen for some reason. I would love to do a quality control report on the entire industry so I could really pin point it. Until that day we have to help each other navigate through the madness. Trust me nobody knows better than me what the people are enduring. It's the reason I switched sides officially. I am more needed on the people's side. The side I was always on anyway.
Send a cease and desist to them demanding copies of everything, and disputing the bill. Demand the insurance pay it immediately due to "negligent billing" and you want proof that the test was even done. Take no crap from anyone, but still be sympathetic to the nice people that work there, if you should get lucky to encounter one. It's not any individuals fault, and they should not held responsible for a corporations actions, unless they directly took part in it. Be firm but friendly, and eliminate the emotion. The best way is in writing, I haven't lost one yet, and not one case has ever even challenged me...oh how I enjoy a challenge...lol
Please do let us know what happens, and if you need help we're here:) Best regards
I'm a bit confused why link consolidation process for the loans. Isn't Sallie Mae a private institute and consolidation is generally for various federal loans? Maybe I just don't know enough about such things.
As for deferment, I've never had to defer anything before, usually they just didn't ask for money since I was a student (and still am, just, as I said, mix up with the school that's being fixed currently).
I really don't get how such rampant greed and corruption and harassment is allowed in our country. Student Loan problem really needs to be fixed and it's quite frustrating our government is so poor to deal with it.
Hi TheGodEmperor
The links are merely options to have the loans repurchased and consolidated into one payment. The entity that handles the William D. Ford portfolios seem to be more professional in the way they handle the public. Hopefully they will stay that way. You can put a cease and desist in writing instructing them to communicate with you through the mail only. That would be beneficial at the very least.
The system is based on monetizing every individual within it, as well as every aspect of your life. This is how a capitalist patriarch structure works. I wish you good luck and feel to visit again if there continues to be a problem. Take care:)
Hello i enjoyed reading of your victorys im so glad to know there is help out there i am being called and harressed by a debt collector over a credit card debt from 1998 to the omaha bang for a visa card i supposedly had could someone tell me what the time limitations are on this unsecured debt.
Hello Michael0007!
Thank you for visiting and commenting. We're not going anywhere..lol
The answer is:
Way beyond the statute! Tell'em to take a hike:)
Hi Hub Author
.
Here is my dilemma.
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About 11 years ago the company I worked for downsized and I was let go. A year earlier I purchased a used vehicle. I was able to maintain the vehicle until the end of 2003 when repairs on the used vehicle became more than I could handle (couldn't pay for the vehicle and its costly repairs). I called and asked the company to come and get the vehicle because of this and it was subsequently added to my credit history as a bad debt in 2004 - February. 2011 would be the limit that this company could report this debt however; I have noticed they have sold this debt to a new collection agency and are now reporting it as a delinquent account that was closed in 2009. Is there any way I can stop them from continually selling this debt over and over to collections agencies to keep reporting this debt for an additional 7 years? It has hindered my ability to do many things and I am very frustrated. Any advice you can offer would be greatly appreciated.
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Yours truly,
.
Desperate for help
Hello PhiKappa
Of course there is something you can do. There are many options to take action on your own behalf. It's a zombie debt that is past the statute, and unless all of us take the proper action on our own behalf...they will continue to get away with it. This we cannot let happen, hence the reason for this information being compiled into this hub. I deem it very important to inform people of their rights, and make sure they get the full protection from these culprits that they deserve.
More and more attorneys are joining our efforts, and teaming up with us. It has got to stop somewhere, and since they aren't stopping from doing this to people, I will certainly not stop either. I spent my entire working life in this industry from, hands on litigation, to bank branch manager and everything in between. What I saw and witnessed was enough to create a furious quest to correct it. I enjoy it, and since I have not lost one case yet, why should I stop.
Bring it on my friend, give me a call when you have a chance and let's discuss all the things in place that will protect you within 24-48 hours of notification to them. If I can discover damages, I have attorneys who will jump into action. Further details are needed.
Read more about me here: https://sites.google.com/site/allnaturalwoundcare/
Call-text-chat-email 516-847-2209 AlertPatrol@gmail.com Church and Non Profit open 10am to 10pm EST.
Thanks for writing this! I found it when looking to help my girlfriend. She had a tanning membership in Colorado. When she moved from the area of service, she cancelled and paid cancellation fees (much like a cell phone contract) and proved to the tanning salon she was outside of their 30 mile radius. Well, that was the end of it for 5 years.
Fast forward to this week and she gets a letter (addressed to her parents address) from a debt collection company saying they are taking over her previous debt. She has not heard a word from anybody on this in 5 years! I can confirm, I lived with her. No calls, no letters, nothing. They say she owes $1,500 in tanning. She hasn't tanned there in 5 years and has been out of the state of Colorado for over 4 years. Amazing.
I discovered the SOL for Colorado is 6 years, so she's still in that window. But there's no way these charges are legitimate. We're working on finding the bank records that show the cancellation payments made, and we can prove her location for all time periods.
Do we call the tanning salon and tell them to fix this? Does she have to ride this out for a year until they are past the SOL on the debt? How can she get this negative account off her credit report? I fear dealing with the debt collectors will reset the clock on their harassment, since she's heard nothing in 5 years.
Hi Wes:
Common scenario, and this is what goes on behind the scenes of supposed closed accounts. I certainly would do a few things.
Put a 100 word consumer statement of Dispute onto the 3 credit bureaus. You can do all of this for free from: annualcreditreport.com. You have the option of writing it and submitting it to them, or by doing it verbally over the phone by calling the 800 number on the site.
You can immediately send a cease and desist letter, with demands for copies of everything in the file. Be sure to instruct them that they are to communicate with you in writing only. Be clear on the fact that you are disputing the validity of such debt, and you also want the account listed on the credit reports as disputed (a copy of the dispute can be housed by annualcreditreport.com as well, incorporated into the consumer statement). You would also dispute the inquiries, and demand they reverse them, and remove them, as they were not entitled, or authorized to pull the reports, or add a disputed debt to the credit profile.
Make sure you copy some of the authorities listed above, and send it certified return receipt requested. Scan all docs, including the green label that comes back in the mail. Then you are prepared to take action on you behalf. If the contract was voided, cancelled, etc. They would not have any recourse on this. It has to specify that in order to carry out the legal process of collecting it. They have to have a legal right to do that.
You can always call on us at the non profit for help should it continue to be a problem. Thanks for visiting and commenting. I think everyone appreciates it for sure. :)
Thanks so much for the speedy reply. While I continued my search, I stumbled across this:
http://www.thedenverchannel.com/news/26678677/deta
The plot thickens. These guys were taken to a class action lawsuit exactly for the scenario I described. How frustrating. We're contacting the Colorado AG and hopefully they will help us take care of it. But absolutely we'll be disputing with the credit reports and linking up to that lawsuit.
Thanks so much and we won't hesitate to contact you guys. Stressful time right now with her in school trying to keep her credit decent with all the loans, so it's a huge relief knowing folks like you are fighting for the little guy.
Hi Wes:
Think of it as leverage v. frustration. Definitely contact the AG you will be included in the case. It may be very interesting to them that these culprits are actually continuing to do this to people while a case is going on, settled, pending, etc. That's what I call blatant disregard for prevailing laws. It's so rampant and time consuming to deal with, and definitely not fair to tie consumers up like this. I am seeing a monumental impact upon the people and they do not deserve this. The laws have to be ramped up and enforced with severe consequences. Unless the consequences are severe they will never stop.
The main Co. AG Site with phone numbers: http://www.coloradoattorneygeneral.gov/departments
Please let us know how it ends up. I know the whole public is right there with you my friend. Our efforts and open lines of communication are helping everyone. Thank you for visiting and commenting! :)
I have a question to ask and not sure who to ask. Hope this is an alright question if you can point to me what kind of lawyer I should talk to.
I have a huge debt and debt collectors are calling me. At the same time, I have this huge debt because I borrow my credit to help my friend business. But he never pay me back. I still have a promissory note that my friend borrow money from me. ( We make this promissory note ourself and he signed for it). The promissory note also said that my friend will either pay me back or I will own part of his property.
My question is, can the debt collector take a owner ship of my promissory note? Would that be o.k for me to have my name as a side contract of my friend property? Is that a yes then do the debt collector can claim that part of my ownership?
I hope this is not too complicated. I really need to find this out and not sure who to ask.
Thanks for any answers.
Hi Sam:
Your friend can secure a commercial loan, line of credit, refinance, etc., for his business to pay you back
Or you could sue the default on the promissory note and make an official lien on the property. I would not recommend trying to sell it, due to who is in that industry, and you can just read all the comments above to see how bad that is.
The note can also renegotiated into a more secure position. First you have to decide which is the most logical way to go, what does everyone qualify for, and how much is the note balance, v. property value, etc. There is always a way to make things work if 2 people are willing to work together, as opposed to against each other. Feel free to give us a call to inquire on commercial lending options.
If you are unable to pay the debt, you should consider filing bankruptcy. Unless you have major assets, you may qualify for chapter 7. I would definitely look into it since you are unable to pay. That is what qualifies you for this protection.
Good luck and keep us posted. alertpatrol@gmail.com 516-847-2209Call text chat email. Take care:)
Hello,
I wonder if you would be interested in this unusual issue. I know most of everything about debt collections, fair credit laws, etc, so you do not have to write up on that part :D
Anyhow here's the story-
For many years, my wife and I had excellent credit. We have always paid our bills, credit accounts, etc, on time, never missed a single payment on anything. Never had any money problems either, since we both had well paying jobs.
One day, about 4 years ago, we received a letter in the mail from a bank that was handling our credit card account. They've decided to close our account due to some information in our credit reports. As stated in fine print, its their right to close this specific account at their discretion. (All credit accounts have this fine print if you look for it when you first get approved and opened them....)
I called them with concern only to find out they are closing my wife's credit card account due to some information in the credit records. They could not disclose specific information over the phone as to 'why' they're doing this. I was puzzled over the matter and told them that we will be reviewing our spotless credit records. I pulled up our credit records. I found there was a negative account on it. It was a credit card founded by another bank who we had no dealings with.
I called that specific bank and told them that my wife had never opened up an account with them. We filed a complaint, identity issues complaint and all. It was very clear to us that this account was opened in my wife's name without our knowledge. A clear indication of identity theft. Identity theft action which was only 1 month old. YES, ONE MONTH OLD.
We have sent this bank information, etc, by fax, and within the same week after we discovered this discrepancy in my wife's records, we started receiving letters from all of the banks, etc, that they're closing her credit, revolving, etc accounts.
Literally ALL of her credit cards, revolving accounts, etc with other banks were being closed "at creditors request". This had rang up tens of thousands of dollars. The only exception was her auto loan that remained open on file, and had been paying on it ever since.
I said WOW we're being screwed over something I have NEVER EVER seen before. I know how the credit system works, in and out, just like an professional finance attorney. In this effort, I ended up filing a police report over this matter. I have talked to each bank-financial institutions over this issue. ALL of them said its the creditor's decision to close these accounts and there wasn't anything we could do about it except to pay on them.
I said WOW this must be a conspiracy or something. I did not understand why this was occurring. I have reviewed federal laws on consumer protection, etc, and there was not very much we could do because ITS THEIR RIGHT to close an account at their discretion AT ANY TIME regardless if the account has good standing. I have always had a good connection with family members and got a loan from my brother in law to pay all of my wife's "closed accts" debts off, as he is an attorney as well. He was and still is very interested on how this happened.
What would make a bank close your credit account on you when you have been paying them for ages, on time, never missed a payment?
That is an issue we are trying to find an answer for...even until today... NEVER in our entire lives have we ever seen a simple ONE MONTH OLD identity theft case close all of my wife's accounts simultaneously with the exception of the auto loan account. I freaken couldnt believe it.
A couple weeks later, I got the same mail, only this time, it was for me.... I pulled up my credit records again and FOUND the SAME bank information indicating identity theft on me too. ALL the bank accounts I had, were ALSO closed "at creditors request" - with the exception of a auto loan which remained open.
WE couldnt believe it, we had big family debates over this issue. We ended up believing that my wife and I was being 'systematically attacked' by some system or something. This time, the issue went out of whack. I called that Bank, who someone opened up an account in my name, only to end up with no information. The bank on file could NOT FIND my account.
Its apparent that someone either HACKED my credit files or did something with the computer systems to show records that does not truly exist. From there, I filed a police report, indicating that my records were manipulated somehow, causing all these other bank accounts to 'simultaneously' close on me.
I met with an attorney. He told me that the credit system has so many loopholes in it, that virtually anyone could escape 'detection'. From there, I've decided to SAY HELL with the credit system. I've paid off all of the 'closed accounts'.
With records in my files, "paid" account records, etc, and now I started getting 'collector calls' on my phone. I was like WOW.. this is INSANE. I went through each of them and they were PAID on my credit record. The identity theft part was well taken care of and was over with.
It literally destroyed the credibility that my wife and I had.
I have exhausted any legal avenue on this issue, and I would appreciate any advice coming from anyone here. There may be a slight chance that I did not think of something, or didnt think of doing it. I went through a credit freezing process and 'froze' both of our credit records as a response to this. It will remain 'frozen' for all time until we find a way to resolve this issue because we believe that if we rebuild our credit again, it will happen all over again.
We decided to "rebel" against the current credit system here in the United States over this issue. We will NO longer deal with credit. We have been doing the old fashioned way "buying things with cash, only with cash and get a receipt afterwards" activities.
I thought to share this with you, maybe we're not alone in this as I want to discover. Thanks for any advice you may want to part with me. -
Hello: Love your page, here. You sound like me. I salute you. We need more of you.
My situation:
My son (minor at the time in 1997) had a bank account with our local credit union.(I was not included on the account nor was any authorization needed by me for him to have that account). He was careless for a short time and bounced some checks. The bank turned the checks over to a collection agency. When I got wind of the situation, I worked with the collection agency and paid every amount they demanded to get this resolved. The costs included the amount of the check and collection agency fees for each check. I thought this would end this matter. Recently, my son bought a motorcyle that was financed with this same credit union. He paid it off, however, after he asked for his title and stamped contract that it is paid in full, this same credit union wrote him a letter informing him that they were holding his title until the money for these bounced checks and fees were paid. Keep in mind two things. One, he was a minor at the time and two, these checks and collection agency fees were already paid in 1998. What can be done, here? He is now a very responsible young man working in law enforcement and concerned this could be a smear on his employment if he does not pay it all over again. Please help.
Thank you.
Yvonne
Hi JakeW
Very disturbing to hear this. The system failed the people long ago. Unfortunately nothing within the system adapted along with the influx of criminal activities. It's rampant, nobody is safe, you can be perfect, and still have a world of problems because of one stupid thing that happens behind your back. I would like to discuss this with you if you wouldn't mind giving me a call. None of what you describe sounds like it was handled properly. I have some specific questions in the event timeline.
I have successfully caught quite a few culprits working parallel to the police. They went to jail...No Bail.
Somebody owes you and your family damages, and I will try to help you piece it together. I have some magic tricks up my sleeve. I too am debt free since 03, and refuse to enslave myself into their bilking methods ever again. It's bad enough we're forced to live by this chronic counterproductive dictation against the people. Having no debt is definitely a good start. Prepare for all those debts to be sold though, paid or not. There are some steps you can take to nip this in the bud.
Feel free to give a call to 516-847-2209 email alertpatrol@gmail.com
Hi Yvonne:
Another common scenario. With bounced checks it would show on CHEX systems that it happened. It would be cleared upon payment. By disputing the validity, they have to supply you with proof the debt is actually owed, (I realize it's paid prior) but what that means is someone at the credit union did not do their job. Demand and investigation, and dispute it until it's resolved. You may also be able to retrieve your proof of payment from them and prove it that way. Either way putting it in writing will stop any further activity. Let them know you can always have your whole family switch to a CU that does do their job on behalf of the paying supporters. Please let us know how this goes, I was hoping the CU's would keep themselves out of this light.
Your son can also go to http://annualcreditreport.com/ to view, monitor, dispute, and add a consumer dispute statement to his profile for life. It's all free, and I would recommend doing that. May the force of good be with you, and keep us posted.
Thanks again for visiting and posting this scenario!
Hi Brainfire,
thanks for the response. I realize yes, debts paid or not, can be sold, repeatedly. Its ridiculous. Far as I am concerned, the credit system can go to hell. All that hard work on paying credit accounts, etc gone forever. Someone does owe us, but whoever did it, was never caught. "Under investigation" after so many years, law enforcement will start to give up, even the FBI. After reviewing so many reports online over the years,about hackers and all, I believe that it was done deliberately.
The thing about hackers, is that they can do about almost anything, and I've learned that a true hacker will never get caught. Hackers who do get caught unintentionally werent truly hackers to begin with.
Sad enough, I do place blame on hackers for the dilemma that my wife and I went through. Its about the only thing I can place blame on. Could it have been a computer error?, that thought crossed my mind, but since the computers at those 'so called' credit bureaus are supposed to be 'fool proof', it kinda puts my perspective in backwards.
I was also told that money can magically appear out of thin air. That goes against the currency system in this country. I dont even believe the national debt to be in the trillions, as I think thats all a bunch of hogwash. So many lies out there, hard to believe in anything anymore.
I'll just keep myself and my wife busy, as we have moved to a quiet rural state, after this fiasco, to stay out of the big cities. Too many problems and its less for us to deal with here.
I didn't seem that my friend will able to get any kind of secure load to pay me back. The best I can do right now is take a part of his property and hope the price is rise someday. So when he sell it I got something back.
I am also thinking of calling the debt collector back at some point after I get back on my feet and pay back what I own them and hope to able to negotiated it down if that possible. If that can happen then I will not desire to file for bankruptcy. How long does it take to rebuild my credit again?
I would like to give you a call and make be we can work together on this. Thanks in advance for helping.
Good morning,
I am needing a little advice in regards to an issue my Mother is currently experiencing with a loan she received in 2008 from Citifinancial. First of all, I am not certain how she even secured this loan since she does not work and has Never had a job ever. My father is a Carpenter and doesn't always have work. To make a long story short..My mother stayed behind on her payments when my Father was not working. She tried to pay back the payments she missed when he was working again but the company refused and wanted the note paid in full, which my parents could not afford! Citifinancial has now acquired attorneys to collect this $3000 debt. My very concerned Mother, who has extremely high blood pressure, is being SUED! She does not have money to pay this debt, which the attorney is asking for in full! She has offered to give them a $50 payment which she truly can not afford to give, which the attorney says she can send in but will not be considered an agreement. The attorney asked my mother why she accepted the loan if she did not have a job. My mother clearly told Citifinancial at the time that she did not have a job but they still approved her. What should she do? She must go to the courthouse Monday, May 21 to sign the affidavit which was presented to her. HELP, please because I feel helpless! :(
Can I stop the phone calls going to my boss about my debt?
Hi JakeW, Sam, Monica, and Dora:
Thank you for you visit and comments.
JakeW I understand and agree. When a system fails one...one must step away from that system. Our lives are the proof of the complete failure, and yet the authorities simply factor it into their equations of profit and loss. At this time it is best to keep all of your information out of the hands of the likes of these people. They will bring no good to your life, as we can clearly see. Regardless if they offer you credit or money...it's a set up to monetize you. That's a fact. I am deeply disturbed by what happened to you and your wife, no words can describe. The fact that you were educated in credit and debt process exposes the level, and depths that this reaches. You could imagine what other people are going through that are not as fortunate to know the laws, and how a patriarchal monetization system works. Every moment of every life on planet earth has been monetized from the day of birth to the day of death, on "their" schedule. Please read my other hub: Death Profits. I need people like you Jake would you consider working with non profit causes? Stay in touch!
AlertPatrol@gmail.com or 516-847-2209 phones open 10am to 10pm.
Sam: Maybe I could let your friend know some things to get in place to facilitate a credit line, or commercial sba loan or something. It would be worth a try right? If you qualify to file for bankruptcy protection you should. I would much rather know you are not being harassed by the bottom feeders like this. At any rate if I can help I certainly will feel free to give us a call.
Monica: I'm sorry to hear this is happening to your Mom. I handled citifinancial accounts since their inception. It is odd that they gave her the loan, but if her score at that time was high, there were loans you could take without income verification. Nevertheless today is now, and that was then. You have a few choices here. One you can see if she qualifies to file for individual bankruptcy chap 7 (no assets). Two: You send a cease and desist letter with dispute of the validity of the debt until you are furnished with copies of the entire file, loan app, signatures, pay history, etc. You must send this dispute/cease desist letter over night mail, and get a signature. During this process it will stop the court case, and bring about a "Stipulation of Settlement" (instead of bankruptcy) based on what she can actually afford. If the fact remains she can't make payments (as you indicated) I would sway closer to bankruptcy because they will just continue to come after her. Now if they violate the laws, that could throw a spin on things, and sway it in her favor of going after them.
You have 10 days roughly to decide. A bankruptcy can be filed at the last minute to stop all of this. She must obtain a voucher from consumer credit counseling to file it. The bankruptcy kit is about $20 at staples, and it's about $200 to file. You can do this Pro Se. If you do feel you must have an attorney I work with many I can refer you to. Even if they get the judgment there is no way to collect. If she can make small payments (which I don't recommend unless it's possible without taking food off the table) you would insist on a stip to vacate upon payment in full. I would not settle for anything less. Let us know what you decide, and feel free to post any update or email/call direct.
Dora! Of course you can. The fact that they are even doing that is a violation. If your boss instructs to never call there again, they must comply. If they don't then you will have a case against them. It's likely I know the firm, if you want to send me an email with the info. I can see how many complaints they already have. If they should disclose anything to your boss about the debt, or anything other than to verify employment they will be in violation. You can also send them a cease and desist letter instructing them to communicate with you through the mail only. Copy your local attorney gen, consumer affairs, ACA, (see above letter) and any others you can find.
If anyone needs help email us/call/text. This is not for profit and we work on donations which are tax deductible. Humanitarian services and causes for the people!
Just a quick question I had a bill that was £203.11 that was with debt collectors when I was 18. I paid it in 2009 now every week since then I have got letters asking for the money I have rang then,sent letters and faxed them a copy of the receipt but I am still being harassed is there any thing I can do? A friend told me I could get compensation is that right. Thankyou
Hi Becky:
Yes it's true, you would either need to file a case pro se, or connect with an attorney to go after the damages. If it's paid and you sent the proof, they are supposed to close file and stop. If they don't they will rack up many violations, which valued are at $1000 each, with additional damages in civil/punitive, and more. So if you can endure the court process it's not difficult to win. The laws are there to protect consumers, not bill collectors. You could also serve them with a cease and desist to stop any communication. Failure to comply would weigh seriously against them in court. If help is needed let us know. Good luck and don't take any crap from anyone about a debt that's paid. That just insane they would even attempt to continue to harass you! It makes me furious beyond words.
Keep us posted, this is happening to a lot of people nationwide. Best regards, and thanks again for visiting!
Hello, I am being hounded for 179.00 in late fees from school. It is now in collections some general revenue company. I've requested last year for the school to waive the late fees and no one got back to me. Is there anything I can do. Also I have two other bills I've been paying direct to the hospital for medical bills 212 and 50 are the balances these are also on my reports from NCO financial and I've been paying the hospital?
Hi Sarah:
Thank you for visiting, and commenting. Don't worry about the payments to the hospital, it'll be reported as a direct payment. Not your problem. Hang on to all proof of anything you pay! Call or write to the school telling them what you said, and let them know it is affecting your ability to function as a student! Demand they recall the account/Late fees and make an arrangement with you directly. Let them know you are being harassed by the entity they placed the account with and demand it be stopped immediately!
If you continue to have a problem please do let us know. Church and non profit services will be here to help if needed. Thanks again for posting this, many others are experiencing the very same thing. You are definitely not alone. If you need help feel free to email us @ alertpatrol@gmail.com or call 516-847-2209
Take care and be well!
Hi I'm Ricky , a debt Collector sent a letter to my work they want take out 25% from my check they say there have a right to do that because the court authorizes them to do . An my boss gave all my information to them with out asking my permission. I tell my boss I'll don't want to pay them an she say she have to do it because it from the state Court. I tell my boss I can't not effort to pay them because I have three young kids to take care this is very stressful for me right now.
Hi Ricky:
Thank you for visiting and commenting. This is a very alarming scenario.
Please email me some details. The amount a firm could take is usually 10% on a garnishment. The IRS could take more. What worries me is they didn't take any protocol to verify anything? Was this served upon your employer by the sheriff? It's supposed to be, and if not it might be a scam totally. All court documents have an index number for a judgment entered. Were you given copies of any of this? It's required! It's all wrong according to what you have described. Please email/call so we can help you find proper representation quickly. Alertpatrol@gmail.com or 516-847-2209. This is not for profit and for the benefit of people.
I have a judgement against me back from 2007,and I am almost 100% sure I already paid this off to another law firm. I have asked them for paper work and they flat out told me that my social number was enough (which I verified)on the first phone call was enough proof to them that I owed the debut! They also would only tell me it was a visa card! They have frozen my bank account and it sounds like they are gonna do it again! I was not notified with the new change of law firm that bought the debut either! I live in Iowa,and I only work a part time job and can not afford to pay them much,they want 150.00 every 2 weeks. I am just wondering what my rights are with this!
Thank you,
Pam
H Pam:
The first thing you should do is check with the court. You can likely file an "Order To Show Cause" to have the judgment vacated. On the basis you weren't served, and you paid it already. At the same time you can also send them a "Cease and Desist" letter demanding copies of the entire file. Including pay history, original contract, and any other documentation regarding it. Including any court documents.
The cease and desist should be in the form of a dispute and complaint against their deceptive practices. They tried to dupe you into something without showing you any proof. If you were not notified, then the judgment will be vacated, and a new hearing date will be set. If it was paid then look through your receipts, bank statements, etc to locate the proof. If not then go back to the original creditor to obtain the proof. Also go on to http://annualcreditreport.com/ and see how these things are appearing on your reports. You can dispute them there too, and add a 100 word dispute statement on your report permanently.
Let us know how this goes, and if you need further help we're here. Best regards.
Esho:
Thank you for commenting. It's not likely you will be sued. They would have to forward the account to an attorney here to sue you. If this happens there are things you can do to protect yourself. If you need further help please do let us know. Best regards
Just want to start by saying thank you for all of the free and helpful information on this blog site. I had a loan with a credit card company that I fell back on a few months ago when I was laid off from my job. I have had a hard time catching up and had called the credit card company several times to explain my situation and they said there was nothing they could do as far as lowering payments or interest. Previously I had been making the minimum payments on time.
Fast forward to a few weeks ago and my former residence had told me they have been receiving several calls almost every day from a collection agency. The calls always go to voicemail everytime and all they leave is the collection agencies name, person calling and a phone number to call them back. When I called the credit card company to verify they said they sold off the debt but didn't have any info as to who they sold it to. I also have never received a letter from the collection agency prior to their phone calls stating the debt owed which I had thought they needed to do legally before calling. I've read up on my rights and wanted to know from you what actions I should take from here on out as far as contacting them, negotiating a settlement etc? I'm kind of at a loss of what to do next. Thanks!
Hi Brandon:
Thanks for visiting and commenting.
Always a choice for all consumers. If you are laid off then that would likely qualify you to file for bankruptcy protection. If you cannot pay you would definitely want to consider it. If you don't creditors/bill collectors will just move to get judgments against you. You don't want to allow people the upper hand if there is a truth to be known. Hence the reason for bankruptcy protection.
If you want to settle it offer them 20 cents on the dollar to start. If you need help getting it straightened out let us know. We work on donations and have really good success in getting results. Decide what to do according to how you wish to end up. It's the best way to look at it. Feel free to post any further details, or reach out for help.
Best regards!
Thank you for the quick response! I'm sorry,but I do not know how or what to do with the court,do I go to the clerk,or what? What is cease and desist? where do I find this? I have not even gone to court for this judgment since 2007....I've never had the chance to go state my case or anything! They have been calling my Mom(which I do not live with) all the time saying they can't get a hold of me,when in fact they do have my number and haven't called me! I didn't pay off the whole thing the first time when it was with another law firm,I did a satisfaction on it is all. Sorry problem should of told you that before! I was never contacted from them at all the first time they froze my checking account either!
Thank you again for all of your help,I am at my witt's end with this! I only make 300.00 and something every 2 weeks so I can't have them keep taking my whole check,I can't live like this!
Thank you,
Pam
Hi Pam:
I really am sorry to hear all of this. As I usually say in this case, you should pick up a bankruptcy case from staples or officemax. It sounds to me like you likely qualify for bankruptcy protection. If there is a chance to remedy this it's either by filing an order to show cause to vacate the judgment or possibly a chapter 7 in bankruptcy.
Do not get stressed out about debt it's really just business. If you have less than $1700 in your bank account you have little to worry about. They will not restrain the account if there is less than that. Don't panic yet, and know there is always a way to deal with this. Feel free to reach out to us if needed. alertpatrol@gmail.com or 516-847-1109.......best regards
The cease and desist letter is above, you can copy a lot of it and modify it to your situation. If you need more help let us know.:)
Once again Thank you for the quick response! I only had 700.00 in the account the 1st time they froze it,and they took it all. I did end up getting some of back after 2 weeks. It goes to the sheriff's office after they take it. I do need to file bankruptcy,but I don't have the money to pay a lawyer to do it. How do I file a order to show just cause? I am stressed out over this,because I can't have them taking what little money I do get!
Thank you again,
Pam
Hi Pam:
You can pick up a bankruptcy kit for like $20 at staples or officemax. It's like $200 to file, and you do not need an attorney. You may file it Pro Se yourself. The clerk at the court will review it when you pay your filing fee. It's easy to fill out, and if there are no assets then you would choose chapter 7. You make a call to consumer credit counseling services and make an appointment to get the voucher you need. If you need help you can always reach out to us at the non profit.
I'm surprised to hear they actually restrained it, and deducted anything you had less than the minimum. I think someone got over on you. I restrain accounts all the time and there is a minimum required in order to seize the funds in the account. I'm not sure what went wrong. More details would be needed.
I must have been too tired last night, I put the wrong phone#. lol. You can reach us @ 516-847-2209 email alertpatrol@gmail.com We are open 10 am to 10 pm. Feel free. Best regards:)
Thank you SO much! I will be calling you:)
Hi, I have used a agency to help me settle debt. I have one more left to settle with. They will not settle for the amount I can pay and are harassing me like crazy. It seems to be a law firm now that is calling, although the letter I got is from another company, Credit Control Llc. I am unemployed and this is why i had to go with a settling agency, when i try to call the credit cards myself they would not budge at all. This was 3 years ago and here I am again unemployed and worried that they will come after me viciously. What can I do?...I live in NYC...and I had one law firm try to sue me already and had to borrow to settle quickly, but I can borrow again and they wont allow payment lower than 385 a month I get 450 a month from unemployment I just cant do it, any suggestions?
Hi Violet:
In your situation I would have recommended bankruptcy. If you have no assets, and are unable to pay that is what will qualify you. It sounds like you have almost gotten to the finish line though. If you only have one more to go then here is what you can do.
Write them a cease and desist letter with dispute of validity of the debt. Instructing them to communicate through the mail only. You will request copies of the entire file. You are entitled to copies of everything including any pay history. Once you have the copies of the account you will be able to navigate better. Also you should speak to management only, if you have to speak them at all. Otherwise if they are compliant they will not call you again. Copy some of the letter above and modify it to your scenario. You can also go onto http://annualcreditreport.com/ to see the 3 credit reports and how things are appearing.
Is this a judgment? If not they can sue you, but it doesn't mean it will be collected. I am in NY too, and most all of the firms must find an asset to attach, or they cannot sue. If you really have a problem and can't resolve it we have programs at the non profit to help. We are also a branch of a national debt settlement law firm. So feel free to post any additional info, or reach out to us. We work on donations.
Do not let these people stress you out, it is not necessary. There are things you can do to alleviate this. You can always give us a call 516-847-2209 or alertpatrol@gmail.com Best regards!
Hi, Thanks so much for the advice. I filed for bankruptcy 10 years ago and just got my credit built up compared to what it was. My ex husband owns a car and since we are not legally divorced I am afraid they will go after him. Its been such a headache that I am willing to just settle to get it over with. I will send them the letter you suggested anyways. I will check if it is a judgement, not sure. I will check out my credit report also. Thanks again so much for all your help and I will call you for the settlement part. It is great to have people like you still around!!!!
Thank you Violet for the kind words. Since the early 80's I have been doing this to help people. I am not the type to stand idle and watch crime and abuse take place. I believe the ground in which we play should be fair and equal. Most people do not seem to understand why I am good at what I do. I base everything through Love believe it or not. Even if I'm suing someone, I still take the approach of love and it brings the best results. I think it's a great verifiable history that proves it beyond any shadow of doubt. I am the living proof to all of this. Throughout my history in the finance and legal business I'm one of the few who get's thank you letters and gifts from people I have sued, helped, educated, and protected. This is what works best in a cynical world such as this. We are here to stay for the duration. Hopefully we will be able to train others to operate the same way. So far to date since 1982 I have not lost one case I have taken on, in FDCPA, Settlements, foreclosures, etc. This hub is for the purpose of educating everyone for free. Beyond that help is available from the church and non profit on a donation basis. You can't beat that one. I have tried. lol I structured it precisely this way so everyone could get help.
Bottom line is there is ALWAYS a way to work these things out. The biggest issue I see is that the bill collectors will never tell you your rights, or options. But I will so you can protect yourself. My best regards to all, it's you that we work hard for.
question for you. a few years ago I moved out of my apartment for the reasons of that it was broken into, only one it happened to. a sex offender was moved in a few doors down and the apartment complex didnt notify anybody and the way I found out was because the state sent out a notice and shortly after I needed a surgery that put me out of work for ten weeks without pay so I couldnt afford to pay the rent anymore.
A couple of months ago I got a letter from an attorney telling me I owed per a judgement almost 51500 to the apartment complex and if I dont respond withinn a certain time they consider the debt valid. I did and they sent me back a breakdown of the debt which came to a little over $2000. Within a week my pay started to be garnished for this. I got a letter from my company with the judgement for the almost $1500 from the court. i never even was notified that there was a hearing 2 years ago etc. this was the first I even heard of this. Now that I am almost done with the garnishment, I get another letter by the same attorney for the same apartment complex under the same file number telling me I owe them over $5000 and he is trying to collect that debt. How can they legally come back and try to get another $5000 for something I dont even know what it is for after the court gave them already a judgement in the amount of $1500?
Hi Stacey:
This too is a common scenario. Without knowing what state, and court it sounds to me like they may have entered the judgment illegally. You can go to the court site and look up the information, or go to the court house to get a copy. It should include a summons and complaint that has affidavits attached to it showing who they supposedly served and where. If you were not served, then it would be in order that you would file an "Order To Show Cause" at the court, which would vacate the judgment and get a new hearing date set on the calendar. Upon accomplishing that you would then proceed to investigate what happened. If something was done incorrectly the monies taken from your pay may have to be returned to you.
I would start by demanding copies of the entire file, and under the FDCPA Laws, you write a cease and desist letter to dispute this (copy some of the letter above), and they must provide this to you by law. Please do let us know if you continue to have a problem. It's sounds like they are preying on your ignorance of the court process. I would like to see the documents if you would feel like emailing them to me. I can tell you if everything was done right, and what may have happened. I may already have an attorney in your area that could possibly help. Let me know what state. Feel free to reach out to church and non profit services. Best regards! alertpatrol@gmail.com or 516-847-2209
Hi..thanks for helping us struggling poor...I had one CC and after divorce, loosing a job etc.. My credit union sold my 15K debt to MCT in Calif...having no money to file bankruptcy..( I hav partial custody of a severly disabled kid...and another one w a pacemaker) I struggle every month to keep water/elect/food etc...So of course when they sued me I was scared to death to go to court un represented. My mom has property in a trust for me..but that could be years away...so I am wondering if I file BK will this aggressive bunch of collectors that have alot of complaints against them still be able to collect after I file?? I am planning on going to We The People to file... Any help will be paid in love and sunshine...Thanks
Pappy
Hi Pappy:
Thank you for visiting and commenting. Once you file the Chapter 7 they will leave you alone. If they don't they would be in violation. File asap so you can halt all the activity. Don't let anyone get judgments against you. They stay on your name a very long time. It's approximately $20 for the kit at staples/officemax, and it's like $200 to file it in the court. You do not need an attorney. Anyone can file this Pro Se.
Please feel free to post additional details if needed. Best regards!
Help...This company is driving me nuts....I have a auto loan with Weslake financial. On April 23rd 2012 we had a accident and the car was totaled. Our car payment was due April 27th 2012. I was unable to make the payment on the 27th because I had to use the money to get another car working. The car was valued at $5500. and the pay off of the loan was $2300. On may 9th I received a check for what was left after the car was paid off along with a copy of the check that was sent to Westlake. On May 26th I received the only letter I have received from Westlake stating "Numerous attempts have been made to contact you in regards to your delinquent account with Westlake Financial Services. You have failed to respond to our notices." However I have spoken with someone on: April 27th and May 1st, 5th, 10th, 14th, 2 times on the 20th, 21st, 22nd, and 25th. This is not including the times that my husband who is the cosigner of the loan has spoken with them. The times they have called are: 4-27-12, 2 times on 5-1-12, 4 times on 5-2-12, 3 times on 5-3-12, 5-4-12, 5-6-12, 5-7-12, 2 times on 5-8-12, 4 times on 5-9-12, 5-10-12, 5-14-12, 5-15-12, 3 times on 5-20-12, 4 times on 5-21-12, 5-22-12, 3 times on 5-23-12, 2 times on 5-24-12, 5 times on 5-25-12 and 3 times on 5-26-12. If I don't answered they will call me, my husband, me then my husband again. They have even called me on Sunday morning and after I have spoken with them they hung up and called my husband and we were lying beside each other. During one call I had a lady yelling at me and over me when I tried to talk telling me I had to verify my address cause they were coming to get the car and that she was going to put this on my credit and ruin it. I told her to come over and see if she can find the car (it has already been sent to a salvage place), that she could even knock on the door and have dinner. Westlake wants me to make a payment and when they get the payoff check they will rein burst me. I suffer from and am currently on medication for major depression, anxiety disorder, post traumatic stress disorder and I am bi-polar. All of these calls are causing me a high amount of stress. I am losing sleep, constantly upset and it is interfering with my performance on my job. Other than sending a cease and desist letter is there anything that I can do. I am going to try and write the cease and desist letter using the wording above but those letters are to dispute owing anything. Any help you can give me will be sincerely appreciated. Thanks, Stephanie
Hi I live in Houston tx i'm 25 years who have been careless with my credit i did the unthinkable i got loan after loan i owe aarons but they want take there items back i owe banks i have a repo apartment complex what can i do i need help can i have your email i really need to get my life on track i know i made bad choices but i'm ready to fix it now can you please help me lost don't know where to start from
MotherGoddessEarth.com Nationwide Non Profit Corp.
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BrainFire Hub Author 4 years ago
I'll be putting updates to the cases above in the near future. Stay tuned, and please comment or ask questions about how to stop a financial situation you're going through. That's whay I made this hub. We need to all join together and put a stop to the abuse in the collection and credit industry. I have heard way too many incredibly heart wrenching stories of the damages sustained by this type of situation being present in peoples lives. It has a terrible negative affect on every aspect of life. Joining forces is how we expose, and stop these violators...Please join in here if your are aware, or are currently being violated. I want to know about as many as possible.