Debt problem.... Advised to start my own thread

[winkie2000]

What is the name of your state? Pennsylvania

I rec'd a call from someone claiming they were an attorney's office and threatened judgements and wage garnishments, the whole nine yards (I'm also in PA). Well, whether or not this was a good idea because it's too late, I sent a settlement letter to Bank One with what and how I can pay. The person threatening me not only spoke to my sister first but claimed he was an attorney (I pulled up the company website, they were collections) and also tried to go over my other outstanding accounts on my credit report that didn't even pertain to the one he was hired by. Like who I have my car loan with. Is that something they can do? That was a new one for me.

And any advice on what to do if they deny my settlement would be greatly appreciated. I know the account was not charged off. I was in another forum in another website and it reeked of sarcasm. It was almost like posting on a teeny boppers website or something.

I hope you (or someone) can offer my some advice or share what they did in my situation.

LadyNRed I hope I hear from you.......

Thank you!

 

[cmorris]

The person threatening me not only spoke to my sister first but claimed he was an attorney (I pulled up the company website, they were collections)

If the person is NOT an attorney (and you can prove it), you are in luck!
According to the Fair Debt Collection Practices Act, debt collectors may not: use threats of violence or harm (ex. advertise your debt) or make false statements (ex. being an attorney when he is not). This information came from the following website:

http://www.onlinewbc.gov/docs/expanding/debt_collection.html

There are also lots of other websites; try Google.

I *believe* each violation is a $1000 fine. But you have to prove it...Good luck.

 

[Ladynred]

Telling all to your sister is a violation of the FDCPA -3rd party disclosure.

Making threats of legal action they either cannot take or do not intend to take is yet another violation, as verbal abuse, deceptive statements, or misrepresenting themselves as a lawyer, law enforcement or anything else that they are not.

Violations of the FDCPA do come with a price tag, - UP TO $1000 PER ACTION, not per violation. Where the 'extra' money comes in is if you can prove actual damages.

AS for the 'other accounts', they cannot collect on anything that is not purchased or assigned to them. The jerk was merely reading your credit report to you as an intimidation tactic !

 

[Esquire555]

You should definately negotiate with the creditors and 9 out of 10 times they will settle with you, as long as you're reasonable. I deal with creditors all the time and they usually settle for about 50 to 60 percent of the debt, as long as you pay it back within a reasonable period of time. These collection companies buy your debt from others for pennies and if they collect something, they are in luck. So negotiate with them, but dont be pushy.
Good Luck.

 

[Ladynred]

Negotiation MAY be possible but do NOT do it on the phone. When it comes to money, if its not in writing, it never happened and a CA will DENY any knowledge of a verbal 'arrangement' or 'settlement'.

Do EVERYTHING in writing !

Before you negotiate anything, how old is the debt ?? When was the original creditor last paid ??
How do you 'know' it was not charged-off ???

 

[winkie2000]

I ran my credit report last night and it did show charged off on the account he called about. The debt is VERY old, it was closed out in the mid 1990's but I wasn't aware that there was a statute of limitations on credit card debt and I sent payments here and there and was also on consumer credit counseling for awhile. So I think I reinstated the statute.

All correspondance I have made with this guy since the phone call I did in writing. Unfortunately I can't prove in writing the things he said, like trying to go over my car loan with me. I doubt he recorded the conversation. Any suggestions on what to do if the debt is that old? Or am I stuck because I did make payments here and there?

Thank all of you for your help. So far it's been helpful.

 

[winkie2000]

Also, should I of checked to see if it was already charged off?

 

[Ladynred]

Making payments can reset the SOL, but PA has a very SHORT SOL of only 4 years. If its been more than 4 years since they ORIGINAL creditor was last paid, its outside the SOL anyway.

Who is this collection agency anyway ??

 

[winkie2000]

Valentine & Kebartas? Have you heard of them? I looked them up on the Better Business Bureau of Mass to see if they had any complaints filed against them.