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[crusheroz]

What is the name of your state? Washington
I just recieved a letter from a collection agency on a charge-off account we have. They have bought the debt. First they have lied to me about how long they have had it. Also the amounts are not correct. They have also said they will file a lawsuit on us if we dont pay. This account was charged-off in Sept. 01, we lived in Colorado at the time. The dates they have are all wrong as for as charge-off date payment dates and everything else. I just looked an this agency is not lisenced in the state of Washington. What can I do.

 

[Ladynred]

Sounds like some re-aging hanky-panky going on. My suggestion would be to make them validate. Also double-check on the licensing/bonding requirements for CA's collecting in your state. Not all require both and some require neither.. you can call the state agency that govern's CA's and check up on this.

 

[crusheroz]

Thank you for your quick reply! I am sending in a validation letter, but they want a payment by Friday, or they said they will sue us. I really dont want to be sued.

 

[Ladynred]

Typical scare-tactic threat, I wouldn't worry about it. Any CA that sets these bogus 'time limits' for payment is usually full of crap. Besides, this is the last week of the month and the CA phone drones are after those big Burger King Bonuses for scaring the most money out of their victims !!

If this DID charge-off in 9/01, then it went delinquent in 3/01. There's only a few months left before the SOL on this thing runs out (if its a credit card). Validation will definitely stall them for a while, IF they can even manage to validate.

Pursue the licensing issue, you may be able to stop them in their tracks if they're operating illgeally. If you have any old credit reports or positive proof that this thing has been re-aged, I'd dispute it with the CRA's as inaccurate and illegally re-aged - FCRA violations for which YOU can sue the CA.

Who's the CA, if you don't mind telling.

 

[crusheroz]

The account is a loan account. The agency is Professional Recovery Systems. Yes the account charged off in September of 2001. They have it as Oct of 2002. Also they have add $550.00 in interest to this account. I still have the letter that the credit union sent me when they charged it off, and it states the amount and that no interest would be added to this account. The collection agency is trying to tell me different. I have also found out that they bought this debt this month. They lied about the length of time they have had it and trying to get ahold of us. I know I owe the money, but not the amount they say I owe. I think the sol on this is 6 years. Would it go by Colorado or Washington, I lived in COlorado at the time of the debt. Also if they do sue us, would they have to sue us here or Colorado. My hubby is in the military and is fixing to deploy over to Iraq, and I know I sure cant go to Colorado. The debt is in his name, he is also our only source of income.

 

[crusheroz]

I just found out some good news. They are not license to collet debts here in the state. I will be writing my complaint letter to the Dept. of Licensing collection agencies for action. Also here is my other question: Since they cant collect, can they still sue me in Colorado, or do they have to find someone here to do it?

 

[Ladynred]

Legally, they could sue you where the account was opened or where you live. Usually they'll sue you where you live, saves them the hassles of having to domesticate the judgment to your current location.

If your DH is going to be deployed, there may be some relief because of it as far as being sued. You/he needs to check with the JAG office.

If they are not licensed to collect in your state, then they definitely have to back off. They would have to hire someone in WA to collect for them.

 

[crusheroz]

Thank you! I have already typed up my complaint and will be mailing it off today. I also did up my validation/dispute letter. Should I go ahead and send them that letter even if they cant collect in this state. I want to do everything the right way, and try to settle this debt, before a lawsuit is filed. I just hate being lied too.

 

[bigun]

Here's a letter someone used on creditboards in dealing with an unliscensed CA. Did you check and see if they are legal in Co.?

http://www.creditboards.com/phpBB2/viewtopic.php?t=4924

One other thought, if they are not liscensed in Wa. then, they have no permissible purpose to access your husband's credit report. That's an FCRA violation with a 2 year SOL.

Jetx posted an excellent response to a soldier about the SSRA. I'll dig around and see if I can find it but, they'll have to place any legal action on hold if he deploys.
Were I you, I'd overnight that validation letter {CRRR of course} just to beat the Friday deadline. {Just in case}!

Try this thread:
https://forum.freeadvice.com/showthread.php?threadid=152995

 

[crusheroz]

Hello! They are legal in Colorado.I will get the letter out to them. I will contact the JAG office here, I hope it does some good. I did mail the letter to the Dept. of Licensing collection agencies today. I do want to pay this bill, but I want to pay to correct amount and not some number they pulled out of there head. Can they charge me that much interest even though the original creditor did not? Also can they still file a lawsuit if the debt is disputed?

 

[bigun]

What does the contract say about collection cost?
It's my understanding that they can sue but, they must stay any action untile they validate. I agre with LIR, you're getting to the end of the month and they're trying to get money in the door.

 

[crusheroz]

I wish I had the contract to look at. We never got our copy when we did the loan. We tried to get copies, but they never would send us on. It took us nearly a year just to get the payment book sent to us. I will get the validation letter sent out to them tomorrow, and may also send in a payment to them as well. I do owe the debt just not the amount they claim. Thank you very much for the advice and help.

 

[kevinss]

Validation will turn up the a copy of the contract, so you WILL have that to refer to. Make sure they send copies of both sides of the contract if it's double-sided.

I assume (you seem to have your &^#$ together) that you've tried to contact the credit union about this already and they weren't willing to talk to you. If not, try that. That'll give you a good idea what the general mood surrounding this is. If they really intend to sue over it, they'll probably have a very offensive and threatening tone. Most of the time they just want a payment, and it's the collection agency that creates the negative spin.

 

[crusheroz]

I called the Credit Union yesterday. I did get some info from them, but the account was sold to this collection agency. I did get that confirmed. It is that they have all of these different dates for the charge-off and last payment and amount due on the account. I still have my letters from the credit union when the account charged-off and I have my credit reports also. I know the amount I owe and I have all of the correct dates. This company however does not. The guy just said it was in their Legal Dept. for review to file suit, only because they have not been able to get ahold of me. He tried to tell me that they have had t his account for over a year, but I caught him lying, I knew better, they just bought this account this month, like within the last couple of weeks. I was able to find that out. I can not find out how much they bought this account for. I did order my hubbys credit reports and I will see what is on there, I still have my old ones for 2001,2002, and early 2003, so I will be able to compare. I did read that they usually will pull your credit report to see if they can even get any money out of you before they buy some of these debts, will darn, if they had truely looked they would see that would be very hard to do. We are in debt up to our a$$. So I dont get where sueing us would do anything for them, we dont have anything of great value, we have 4 kids and only one income that might even be exempt.

 

[kevinss]

Time to stop talking on the phone and start sending certified letters. I'd detail everything you know in a letter to them. Then, send a validation letter same day, separate letter.
Don't fear their litigation threats. They're likely not true, and if they are, it's not that big of a deal if you have exempt income and assets.