Creditor Harassment

[bates69]

What is the name of your state?Pa
I have a secured loan from a major creditor.I never had a problem with a payment late until their office changed managers.Now yesterday I recieved a letter in the mail from a financial help business stating that they can stop the lawsuit that has been filed against me.I`m one payment behind although my recent statement shows that I`m actually three payments behind.They did not post the last payment to the account,although the bank statement shows the check as cashed.Can I sue the ******?This manager has made my life hell since April.

 

[Ladynred]

I suggest you call the courthouse and find out if anything HAS been filed, like a foreclosure. You should at least get some nastygrams if they're going to foreclose.

How many payments HAVE you been late on/missed ??? Write them a letter and ask for a complete accounting of what they are showing for payments and when. If your records don't coincide with what they're showing - 3 payments behind - then you need to find out what they're doing with your payments and why.

 

[JETX]

I suggest you call the courthouse and find out if anything HAS been filed, like a foreclosure. You should at least get some nastygrams if they're going to foreclose.

Foreclosure??? Since there is nothing in this thread having to do with foreclosing, I have to assume you are reading the wrong thread.

However, Ladynred is correct in that you should try to find out the FACTS of this claimed lawsuit, as it is likely that the notice from the 'financial help business' is in fact from them or their subsidiary and intended to intimidate you into paying. Does this document make ANY reference to a specific court or filing??? If it does, contact the court mentioned. If it doesn't, you might consider contacting them to find out about their information source.

 

[Ladynred]

Oops.. dunno where I got that either now that I re-read it - but then, I hadn't had my morning coffee yet

 

[bates69]

I`ve recieved no notice from the original creditor.Now today after I get home from work I`ve got a message on my phone from this manager that I`ve got to call to pay to bring the account up to date also `legal fee`s` to stop the action.The letter from the financial help place states the creditor has filed a lawsuit and gives a case number.How did these financial help people get my info?I`ve been late 2 times since April.On the first case I spoke with one of the workers there stating I might be late on a few occations as my wife lost her job and it might take awhile to recover.This was before the new manager took over.This manager has called late at night,blocked their # on caller ID,called relatives.I`m sick of the harassment.According to my records and bank statement I`m only 4 days late on the current payment.According to their statements from April I`m current till last month.Check cashed not posted,now this payment makes me 2 behind.This payment was mailed out and as of yet has to post to my account.

 

[Ladynred]

BY LAW, they MUST credit your account on the day they receive your payments. If you think they're holding payments to deliberately make you late, then you have a dispute under the Fair Credit Billing Act. You must dispute in writing if that is the case.

How did this company get the lawsuit info ?? Lawsuits are public info, anyone can call the courthouse and find out. Many courts now post their dockets and cases on-line. This company might also be affiliated with the creditor. There are many ways. If you don't believe them, call the court yourself and find out.

As for the harrassment, I'm afraid that original creditors are not bound by the Fair Debt Collections Practices Act, otherwise you could nail them for FDCPA violations for their actions.

 

[bates69]

Thanks for the info

 

[JETX]

BY LAW, they MUST credit your account on the day they receive your payments. If you think they're holding payments to deliberately make you late, then you have a dispute under the Fair Credit Billing Act. You must dispute in writing if that is the case.

With all due respect, that is not exactly true.

The FCBA states the following on posting payments:
"§ 164. Prompt crediting of payments
“Payments received from an obligor under an open end consumer credit plan by the creditor shall be posted promptly to the obligor's account as specified in regulations of the Board. Such regulations shall prevent a finance charge from being imposed on any obligor if the creditor has received the obligor's payment in readily identifiable form in the amount, manner, location, and time indicated by the creditor to avoid the imposition thereof."
The full text of the FCBA (11 USC 1601, et seq) can be found at:
http://www.ftc.gov/os/statutes/fcb/fcb.pdf
and
http://www4.law.cornell.edu/uscode/15/1666c.html