credigy collection agency

[Kate Sullivan]

What is the name of your state?Florida
I owe a debt from 1993. This debt was to Fleet Bank. Credigy took over the account. I am not trying to get out of paying the debt. However, I have just discovered that there is a Statute of limitations on debt. For Florida it is only 4 years. My problem is that the collection agency(credigy) called me and said that if I don't pay they will take me to court, get lawyers involved and ect. So, I happily gave them my bank account number over the phone. All of this without seeing a stitch of paper work from these people. I have now put a stop payment on my bank. After having a few conversations with people at credigy that can't even speak English properly. They said they would send me paperwork stating how much I owe and were to send the money. That was 2 months ago. I have not received a letter. And my bank informed me that even though I told them to stop taking money from my account, credigy tried to anyway. That is really not legal. I found from a Budd Hiibbs web site that these people are practicing illegal collections. Also, they now have taken out over 1,000 dollars from my acount before I stopped payment. What now. So I really need a lawyer?

[Debt Guy]

Your post is a little confusing.

Q. I owe a debt from 1993.

A. Was 1993 the date you last made a payment? The date of first default is the key to when the statute of limitations runs. The DOFD is the date of the last regular payment after which the loan was never current.

Q. However, I have just discovered that there is a Statute of limitations on debt. For Florida it is only 4 years.

A. Well, yes and no. FL SOL for a written agreement is 5 years and is 4 years for an open account. In theory, a credit card is an open account but many state judges are taking the view that a credit card is a written agreement. You will need to do a fair amount of legal research if you are going to try to use the 4 year guideline since you will need to know how FL judges are viewing that issue -- my understanding is that FL judges are all pretty much saying 5 years. But, go back to the first question. You need to know exactly when the SOL began running in order to know when it expired.

Q. My problem is that the collection agency(credigy) called me and said that if I don't pay they will take me to court, get lawyers involved and ect. So, I happily gave them my bank account number over the phone. All of this without seeing a stitch of paper work from these people.

A. Not a wise move --but you already figured that out.

Q. I have now put a stop payment on my bank.

A. Good.

Q. After having a few conversations with people at credigy that can't even speak English properly. They said they would send me paperwork stating how much I owe and were to send the money. That was 2 months ago. I have not received a letter.

A. Not real surprising.

Q. And my bank informed me that even though I told them to stop taking money from my account, credigy tried to anyway. That is really not legal.

A. I am not sure you are correct. After all, you gave explicit permission to draft your account. From what you said, you stopped payment at the bank. How was the Collection Agency supposed to know that? Did you tell them? Can you document that you told the collection agency not to draft?

Q. I found from a Budd Hiibbs web site that these people are practicing illegal collections.

A. Bud Hibbs is a moron. All collection agencies break the law to varying degrees and intent, but don't put too much credence in what Hibbs has to say. He gives some very bad advice on his web site.

Q. Also, they now have taken out over 1,000 dollars from my acount before I stopped payment. What now. So I really need a lawyer?

A. Well, I'm not sure how you get your money back. You did give permission to the agency to draft your account. If you sue them, the burden of proof is on you. How are you going to prove they broke the law and what laws did they break? The judge is not going to be impressed with Bud Hibbs' ramblings.

From what you have said, I am not sure the collection agency broke the law. Granted, they are scum and bums, but it is not illegal to be scum. Lets take what you said in chunks:

1. "the collection agency(credigy) called me and said that if I don't pay they will take me to court, get lawyers involved and ect."

Nothing illegal about calling you, even if the debt is past SOL. Nothing illegal about a threat to take legal action unless the debt is past SOL and then maybe you have a FDCPA action for threatening an action they cannot take.

2. "So, I happily gave them my bank account number over the phone. All of this without seeing a stitch of paper work from these people."

OK, not sure there is anything illegal there. You "happily" volunteered the info and did not demand any paperwork.

3. "They said they would send me paperwork stating how much I owe and were to send the money. That was 2 months ago. I have not received a letter."

Clearly unprofessional to not follow-up but I don't think illegal.


Again, I think these guys are scum and I am not on their side. But, everything I see says you acted in haste and did not act with full knowledge of your rights or best interest. In my opinion, you would be wasting your money on an attorney.

But, I am sure there will be others who will disagree and they will chime in with their thoughts.

Final advice is to never give your checking account number to anyone on the phone. Good luck to you.