My wife is scared to death. PLZ help

[vexhold]

What is the name of your state? MN

When I was at work last night my wife returned home to find a message on the machine telling her to return a call about a criminal matter. She did so and was attacked by a so called attourney about a credit card balance she had back in 1998. The account has been paid off but we still get calls from different companies who have "Purchases" the account even though it is fullfilled (We have documentation, check #'s etc). So after a while of being attacked with no answer to any of her questions the "attourney" switched gears and offered a payment plan. In her state of despair and confusion, she set one up. Once I found out about it I got all the papers together to fight it, when I called they told me it doesnt matter if its paid.. something to the regards of she filled out on the original application that she made 4800 a month and they said it was false information and they were bringing charges against her for that. What the hell is going on? Of course we have no documentation in regards to the original application as my wife was married to someone else during this period. PLZ HELP!!

 

[David Jonathan]

look 'round the forum for a good "validation of debt" letter. and don't talk to them any further over the phone, until you have the validation. just Dispute the hell outta the debt - Oh, and look up the FDCPA while you're at it, learn it, and know it, when dealing with attorneys like that, they need to know you're educated in the law. Respectable collectors like knowing they are dealing with intelligent people, however, the shady ones get scared.

--Dave.

 

[TigerD]

What they did is not legal or moral.

The quoted section is from the MN state website. MN is the most heavily regulated state for collection agencies.

Licensed Industries



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If you have a complaint:
Complaints must be submitted in writing before an investigation can begin. Use the Complaint Form in the column to the right. Be sure to:

* Write the details of the dispute and include as many facts as possible such as dates, what was said by each party, etc.
* Include a daytime phone number and your mailing address.
* Attach copies of any documents to support your complaint, such as printed advertisements, applications or cancelled checks.

Mail written complaints to:
Minnesota Department of Commerce
85 7th Place East, Suite 500
St. Paul, MN 55101

You may also file a complaint by:

* E-mailing the department at [email protected]
* Call the Market Assurance Division of the Department of Commerce at 651-296-2488 or 1-800-657-3602.

In the e-mail, or telephone call, state which type of licensed service you wish to file a complaint about, and your inquiry will be directed to an investigator who handles cases in that industry. The investigator will usually be able to tell you if your complaint is something they are able to investigate. The investigators cannot provide legal advice. Complaints must be submitted in writing before an investigation can begin.

Enforcement Authority
Depending on the results of the investigation, the commissioner of the Department of Commerce can take the following actions:

* Deny a license to an applicant;
* Issue Cease and Desist Orders, banning business activities for unlicensed individuals or businesses;
* Censure a licensee;
* Suspend a license;
* Revoke a license;
* Issue a Statement of Charges;
* Impose fines or penalties;
* Refer cases for criminal prosecution.

The Department cannot:

* Act as your lawyer or give you legal advice;
* Recommend a particular licensee i.e. bank, insurance or real estate company/agent , etc.;
* Resolve a dispute when the only evidence is your word against the word of the licensed/registered entity;
* Make medical judgments;
*
Make determinations related to the facts of a case - For example, we cannot determine the value of damaged or stolen property or conclude who was at fault for an accident.


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DC

 

[StephenH]

Check the SOL

You may want to check the SOL for the debt, as depending on the state it may have expired, considering this was from 1998.

 

[vexhold]

SOL for MN

I checked on the current SOL for MN and for judgements it is 10 years.

I have been searching everywhere for the company online and cannot find a thing.

If anyone knows anything about Nathan & Peters from St. Louis, Missouri let me know.

And upon talking to my wife tonight she told me that she did set up a payment plan using automatic withdrawal which the 1st one will be taken out on FRIDAY for 2,000. I was furious when I heard about it but realize my wife wont even walk into a bank as she is scared of financial matters, and the guy on the phone told her she couldnt call me. So how do I handle the automatic payment while I investigate this further?

 

[David Jonathan]

better call the bank first thing in the morning, and stop payment on that, advise them that it's unauthorized.

send your validation letter to them ASAP to get validation of the debt

do as debtcollector said, file the report against them too. DC knows his stuff, he may not always be polite, but I wouldn't doubt what he says.

--Dave.

 

[Kanchazi]

If you paid the account why are you bothering with the SOL. Just dispute and proove to them that you paid the loan.

 

[TigerD]

I checked on the current SOL for MN and for judgements it is 10 years.

I have been searching everywhere for the company online and cannot find a thing.

If anyone knows anything about Nathan & Peters from St. Louis, Missouri let me know.

And upon talking to my wife tonight she told me that she did set up a payment plan using automatic withdrawal which the 1st one will be taken out on FRIDAY for 2,000. I was furious when I heard about it but realize my wife wont even walk into a bank as she is scared of financial matters, and the guy on the phone told her she couldnt call me. So how do I handle the automatic payment while I investigate this further?

You have a couple of problems.
1. By agreeing to make the payment your wife may have reactivated the SOL.
2. Your wife gave people of questionable character access to your banking information.

My advice:
1. Go to you branch of the bank and ask that the account be closed and reopened as you think somebody has gained access to your information. Talk to your branch manager -- there are bankers on this site that can probably advise on how to discuss it. If they cannot close your account immediately, ask that they deny any EFT or ACH transfers and cancel your debit cards. Then if the payment does go through immediately dispute it with the bank manager.

2. They cannot play the tape recording your wife's agreeing to make the payment without also playing the section that opens them to FDCPA violations and sanction from the state of MN.

Send a written request for validation immediately. Send it certified mail. Talk to a consumer attorney about the FDCPA violation. LOL tell him it was serious enough that another debt collector advised you to talk to an attorney.

3. File a complaint with the state. MN has zero patience collectors that cross the line.

DC

 

[vexhold]

Thanks guys

I appreciate all the help and will do ALL of the recomended step to rectify this. I will keep you posted on the outcome.

 

[Enchanted1111]

Debt validation letter

It is very possible that this is some company that paid pennies on the dollar to get the information from the original creditor. If this is not the original creditor, and your wife can't find the paperwork showing it had been taken care of in the past, put the ball back in their court and send them the debt validation letter. Here is a sample of a debt validation letter-anything you send them should be sent certified, return receipt. If she really owes the money-and these people have any kind of rights to collect it-let them prove it up....
______________________________________________________________________
Date:
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on (????). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
? What the money you say I owe is for
? Explain and show me how you calculated what you say I owe
? Provide me with copies of any papers that show I agreed to pay what you say I owe
? Provide a verification or copy of any judgment if applicable
? Identify the original creditor
? Prove the Statute of Limitations has not expired on this account
? Show me that you are licensed to collect in my state
? Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau?s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
? Violation of the Fair Credit Reporting Act
? Violation of the Fair Debt Collection Practices Act
? Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I am revoking, in writing, any and all voluntary wage assignments you may have or had. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.


Sincerely,


**************I am not a lawyer-just an everyday kinda person with too much time on my hands*************************

 

[David Jonathan]

Sincerely,


**************I am not a lawyer-just an everyday kinda person with too much time on my hands*************************

did you read all the posts in the thread, or did you just respond based on the first sentence?

--Dave.

 

[Enchanted1111]

did you read all the posts in the thread, or did you just respond based on the first sentence?

I read the thread. This is a good example of a debt validation letter-Why would you even ask me that??

 

[TigerD]

I read the thread. This is a good example of a debt validation letter-Why would you even ask me that??

That would be because it isn't an example of a good validation letter. That is an example of a letter that screams, "I'm a moron and I want the CA to stomp on me."

DC

 

[David Jonathan]

I read the thread. This is a good example of a debt validation letter-Why would you even ask me that??

Other than the fact that DC is right about that being a bad validation letter ... some things that would lead me to believe you didn't read the thread ... you offered advice that had all already been given and acknowledged. you stated that these collectors MIGHT be someone who purchased the debt, but if you'd read through further in their post, you'd see they already stated thats what they'd been told ... so that's why I asked if you actually read the whole thread, and not just the first line of their post.

--Dave.

 

[ForFun]

That would be because it isn't an example of a good validation letter. That is an example of a letter that screams, "I'm a moron and I want the CA to stomp on me."

DC

I have to admit, it's a terrible letter. If the OP sends that to the attorney, it'll probably make the rounds at the firm's Christmas party.

I once got an even more amusing validation letter. Among other things, the debtor demanded proof that the creditor bank was permitted by federal law to loan money, and then cited the irrelevant McCulloch v. Maryland supreme court case from 1819.

We all got a good laugh.

To get back on topic, I'd do what Kanchazi suggests. If you paid the debt, then simply offer some proof.

A SOL argument may be a nice secondary argument if applicable, but your main argument should be that the debt was satisfied.