Can I reverse a threat made by collector?

[The Grinder]

What is the name of your state (only U.S. law)? IL
On July 4th 2016 I received a letter from JC CHristensen & Associates, a bill collector posing as an attorney. The amt I owed was just under 3K with offer to settle which I'm in no position to. They gave me the usual 30 day window to respond or dispute or they will consider the debt valid. This is a CC bill, and I replied to them that I needed to see itemized statements from the CC issuer from day one, which would be lengthy. I did send certified registered mail and they received my request on the 28th day....I also stated that if I didnt receive the itemized billing statements within 30 days of them receiving my request that I would consider this matter closed.

Its past the 30 day window and nothing from them. I realize its a long shot but does my threat back to them carry any weight? Is whats good for the goose good for the gander? Thanks

 

[quincy]

What is the name of your state (only U.S. law)? IL
On July 4th 2016 I received a letter from JC CHristensen & Associates, a bill collector posing as an attorney. The amt I owed was just under 3K with offer to settle which I'm in no position to. They gave me the usual 30 day window to respond or dispute or they will consider the debt valid. This is a CC bill, and I replied to them that I needed to see itemized statements from the CC issuer from day one, which would be lengthy. I did send certified registered mail and they received my request on the 28th day....I also stated that if I didnt receive the itemized billing statements within 30 days of them receiving my request that I would consider this matter closed.

Its past the 30 day window and nothing from them. I realize its a long shot but does my threat back to them carry any weight? Is whats good for the goose good for the gander? Thanks

Does your threat carry any weight? No. It does not.

 

[The Grinder]

Does your threat carry any weight? No. It does not.

Thats what I thought, wonder if it ever went to court, if the judge would smypathize with me? Isnt my time as valuable?

 

[CTU]

Thats what I thought, wonder if it ever went to court, if the judge would smypathize with me? Isnt my time as valuable?

No, and no.

 

[The Grinder]

I apologize if this issue has been beaten to death here, but in my state of Illinois, in regards to credit cards, what is the SOL for collecting? I know it could be a hair splitting item of this is "signed" agreement, which I think all CC agreements are not. I am trying to avoid BK and am wondering if I just sit tight and wait out some of my CC debt, it becomes invalid, however it remains on my credit report for 7 yrs....am I correct?? If not, please correct me

I also had a short sale as I lost my 2nd home, which affected my credit and that stays on for 2 yrs IIRC. Currently my score is 632....a far cry from where it was many yrs ago when I was doing well and prospering.

 

[justalayman]

Per the FDCPA you are owed verification of the debt if you demand such. That amounts to the creditor sending something saying "yep, [ so and so] owes [$XXXXX]". You are not entitled to an itemized statement of the account.


Whether your time is valuable or not is irrelevant given you failing to pay the debt you incurred is the sole reason anybody has to expend any time on this matter. In other words; it's your fault if it goes to court. You losing additional money is, again, your fault.


At this point you can either pay what you owe, attempt to negotiate a lump sum payoff, attempt to negotiate payments, ignore the collector, tell them to stop contacting you. The last two may result in you being sued.

 

[quincy]

Thats what I thought, wonder if it ever went to court, if the judge would smypathize with me? Isnt my time as valuable?

The judge will be "sympathetic" to legitimate defenses (e.g., statute of limitations, validity of debt).

Here are two links to the Federal Trade Commission, the first to consumer information on debt collections and the second to the full text of the Fair Debt Collection Practices Act:

http://www.consumer.ftc.gov/articles/0149-debt-collection

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

 

[The Grinder]

Per the FDCPA you are owed verification of the debt if you demand such. That amounts to the creditor sending something saying "yep, [ so and so] owes [$XXXXX]". You are not entitled to an itemized statement of the account.


Whether your time is valuable or not is irrelevant given you failing to pay the debt you incurred is the sole reason anybody has to expend any time on this matter. In other words; it's your fault if it goes to court. You losing additional money is, again, your fault.


At this point you can either pay what you owe, attempt to negotiate a lump sum payoff, attempt to negotiate payments, ignore the collector, tell them to stop contacting you. The last two may result in you being sued.

First I agree, I am accountable no doubt. what I didnt indicate is my income was cut by 50% almost overnight....not my fault but I'm still on the line....citicorp took me to court last summer, I did request all previous statements from them and the judge OK'd my request. I received nothing. Then I get another summons and citicorps lawyer requested dismissed w/o predjuice. I realize they can re-open at any time.

The big ones I owe are 15K and 26K, both CC debt. What is the very least anyone has ever heard of settling these? 50%? Just wondering

 

[quincy]

... What is the very least anyone has ever heard of settling these? 50%? Just wondering

It is best not to wonder.

What other cases have settled for will have no bearing on what you might be able to settle for in your case. There are too many variables involved to make that type of information have any value.

 

[The Grinder]

It is best not to wonder.

What other cases have settled for will have no bearing on what you might be able to settle for in your case. There are too many variables involved to make that type of information have any value.

Yes I'm sure. I'm kind of torn on how to handle all this, I feel terrible being in my 50"s and going thru this. I had outstanding credit for decades and now its 632. Ive been self employed since I was 23. I'm low on reserve cash and I know at some point my biz will need a loan, so I wonder if I should pay off all outstanding CC debts, be free of that but almost no savings (very scary feeling) or sit tight and hope I biz gets better and I wont need capital anytime soon....the last time I paid anything on any CC was in May of 2013

 

[justalayman]

First I agree, I am accountable no doubt. what I didnt indicate is my income was cut by 50% almost overnight....not my fault but I'm still on the line....citicorp took me to court last summer, I did request all previous statements from them and the judge OK'd my request. I received nothing. Then I get another summons and citicorps lawyer requested dismissed w/o predjuice. I realize they can re-open at any time.

The big ones I owe are 15K and 26K, both CC debt. What is the very least anyone has ever heard of settling these? 50%? Just wondering

You can seek proof of the calculation of the debt when you are sued. A collector does not have to provide the same.

 

[The Grinder]

You can seek proof of the calculation of the debt when you are sued. A collector does not have to provide the same.

Maybe thats what it was, I did this with the assistance of WLG, which I mentioned at top of thread. It really was the only time they did me any good

 

[quincy]

Maybe thats what it was, I did this with the assistance of WLG, which I mentioned at top of thread. It really was the only time they did me any good

You didn't mention the World Law Group at the top of this thread. You mentioned it in your other thread: https://forum.freeadvice.com/debt-collections-84/how-file-claim-against-world-law-group-627986.html

 

[The Grinder]

You didn't mention the World Law Group at the top of this thread. You mentioned it in your other thread: https://forum.freeadvice.com/debt-collections-84/how-file-claim-against-world-law-group-627986.html

I just realized that, my bad. Sorry

 

[quincy]

I just realized that, my bad. Sorry

Not a problem, although it helps the members of this forum better help a poster when all of the poster's related questions are kept to one thread.

It seems to me that you have accumulated a lot of debt and you have been having difficulty meeting your obligations, to the point where you hired a questionable service to help you manage the debt. And you are now being pursued by a debt collection agency that has had its own share of legal actions filed against it in the past.

Perhaps it is time for you to seek out assistance in your area from a reputable financial advisor, researching the qualifications and credentials of the advisor prior to hiring. You could also consult with an attorney in your area about your recourse against World Law Group and to look into the debt collection agencies currently pursuing you, to ensure they are not violating any debt collection practices in their pursuit.

Good luck.