credit

[geepers]

Hi, Im living in new york state. my problem is that I have made settlements on three credit cards(all below 500.00) over the past four years. the last being made on my behalf from a lawyer representing a mortage company I was financing a home improvement laon from. the argree was to settle these accounts and take the rest of the money for improvements. well, the calls have started from collection agency saying I still owe money. they know nothing about settlements etc. everyday I explain my story to someone new. they get rough with me and tell me to listen to them but they wond listen to me. Im have paid about 5000.00 over all. I m DONE being bullied by these people.But my questions is I am not gonna settle this on my own like I had hoped. Do I need to hire a lawyer of go to credit counciling? Im at my wits ends.

 

[Ladynred]

Do you have anything in writing documenting the settlements ? If not, you're going to have an even harder time getting this solved.

If you do have documentation that proves you settled, then you're ahead. Have you tried demanding that the collection agencies validate the debts they're hounding you for ?? You have that right and they MUST do it. You will have to request that they validate the debts in writing, send the letter Certified mail, return receipt requested. If they can't validate the debts, proving they are yours and you do owe the money, they haven't a leg to stand on.

As for the collectors 'getting rough', keep in mind that all 3rd party collectors are bound by the Fair Debt Collections Practices Act and they are NOT allowed to be abusive. If they are, they are in violation of the law and you can file a complaint against them with the FTC and you can sue them and win a monetary award.

 

[geepers]

ladynred, to be honest I dont know if I have anything in writing as a couple of times they called, I set up settlement payments. they were taken directly from my account (thats the checks I have) but never any letters. they would NOT call for a few weeks after that .but they always start back up.
A few times I requested they send me an activities report on my accounts but it wasnt in writing it was always on the phone. anyways they always talked over me and eventually I would cave and just pay them to make it stop. Now I feel THEY OWE ME alot off money back,but like I said I dont know where to start. can you help me.
Let me thanks you so much for your first reply. Finally some ones on my side answering my questions.

 

[Ladynred]

You have cancelled checks from the settlements ???? That's a good start, it shows that you paid on the account. Unfortunately, I don't know if its enough to prove that it was a final settlement of the debt. Are there any annotations on the checks referring to the payments as settlements ??

Don't let collectors bully you, you have the law on your side when dealing with these bottom-feeding, scum suckers ! Their business is to collect money, and they will use any method they can to get it. A big one is intimidation. If they get abusive, tell them you're filing a complaint against them for violation of the FDCPA.

Write the letter asking for validation of the debt. I would start there. You can also write them a Cease and Desist letter and make them stop calling you forever. Again it has to be sent certified, return receipt requested.

You can find sample letters here:
http://consumers.creditnet.com/straighttalk/board/

You'll have to sign up to be a member, but its FREE

 

[geepers]

ladynred.thanks soooooooooooooooo MUCH for answering my questions. I feel better already!!
Yes on three checks that were sent by the lawyer representing the mortage company he has it written on the bottom of the checks along with the dates they were made out.( i even sent the agencies a copy of this). when they called the other day he said call that attorny get his paper work and fax it to me!!! he even said yes I see that you paid the 449.00 but do it anyways so I can be sure........well, excuse me but why should I have to do this at all?
anyways, do i send the letter to the ccc or the agency calling me?
your great ladynred really,people are getting pushed around out here and like me feelfrustrated and Im sure have paid way to much money to these creeps.

 

[Ladynred]

You would have to send the Cease and Desist letter and the request for Validation to the collection agency that's calling you. If the CA is at least admitting that you DID pay, that's a start. Granted, it should be your task to bug the lawyer and fax it, but if its the fastest way to get this done, I'd do it anyway.

Good Luck

 

[geepers]

thanks ladynred

thanks ladynred, I found the sample letters today printed them off and will be sending them out on Monday.
I hope you realize how much you have helped me and made me feel human again.
I will write when I get a response, hope you'll help the rest of the way..............................bye geepers in ny