National Credit Adjusters Unfair Collection

[hectorartm]

What is the name of your state? CA

This is my situation. I got a call from National Credit Adjusters about a week ago. When I answered the guy wouldn't even give me his name. He said "I know who you are stop playing games with me." I told verified he was talking to the right person and I demanded to know his name. I had to ask 5x before he gave me his name.

He told me that I owed $2300 on a debt and that I needed to pay it right now. I told him I couldn't pay it right now because I don't have any money. He said that he would sue if I didn't have the money. I told him to stop trying to scare me and I told him that I wanted to pay but I need to be able to pay it after a few months. (Just started my job, I didn't tell him that)

We went back and foward for about 20 minutes ( I kept refusing to pay now). He finally asked if I have the product (which was a laptop). I said yes. He asked if he could get it back. I said sure, it doesn't even work anymore. So he sent me some papers (through the mail) that showed the original contract I made.

Three days later I received the papers. He called and asked if I had received the papers. I said yes. He said you are legally binded to this contract and you need to pay the full amount now. I said I can arrange to pay later but no more. He said that he wouldn't accept that and that he wanted the laptop + full payment now. He even said "send the laptop right now through priority mail." He got really aggressive and said that he was just gonna sue me. He asked if I was still sending in the laptop. I said I don't know since your suing me. He said watever your getting sued and I will laugh all the way to the bank, I will make sure we garnish you wages.

I asked him if he intended to sue and he said "yes I already filed the papers." I then just said send me the suit papers. And hung up. I then called back and asked for one of the managers. Man was that lady annoying. She just talked to me like a child. She asked me like twenty times if I was recording the phone call. I said no. She kept on explaining laws to me and she wouldn't let me speak. I just hung up.

Now I'm worried. Can they really garnish my wages just like that?

Would a company based in Kansas take the time to sue someone in CA?

This contract was made while I was in the military active. Now I'm reserve. He called my Gunny at base and said that I had something of his. Can they do that?

The original creditor is a company that finances people in the military. Will this hurt me now? I'm a reserve. I was active 3 years ago.

In my credit report the account has a balance but is is shown as closed. What difference does that make?

I have no actual proof of what he did. (violating Fair FDCPA ?) But I have found several websites were this same comapny is listed by different people saying similar things to what I'm saying. Can I use that against them in court??? Show it as proof.

I stopped paying the acct 3 yrs ago.

What can I do? What should I do?

Please help. These people are scary but I think they might be bluffing.What is the name of your state?

 

[seniorjudge]

What is the name of your state? CA

This is my situation. I got a call from National Credit Adjusters about a week ago. When I answered the guy wouldn't even give me his name. He said "I know who you are stop playing games with me." I told verified he was talking to the right person and I demanded to know his name. I had to ask 5x before he gave me his name.

He told me that I owed $2300 on a debt and that I needed to pay it right now. I told him I couldn't pay it right now because I don't have any money. He said that he would sue if I didn't have the money. I told him to stop trying to scare me and I told him that I wanted to pay but I need to be able to pay it after a few months. (Just started my job, I didn't tell him that)

We went back and foward for about 20 minutes ( I kept refusing to pay now). He finally asked if I have the product (which was a laptop). I said yes. He asked if he could get it back. I said sure, it doesn't even work anymore. So he sent me some papers (through the mail) that showed the original contract I made.

Three days later I received the papers. He called and asked if I had received the papers. I said yes. He said you are legally binded to this contract and you need to pay the full amount now. I said I can arrange to pay later but no more. He said that he wouldn't accept that and that he wanted the laptop + full payment now. He even said "send the laptop right now through priority mail." He got really aggressive and said that he was just gonna sue me. He asked if I was still sending in the laptop. I said I don't know since your suing me. He said watever your getting sued and I will laugh all the way to the bank, I will make sure we garnish you wages.

I asked him if he intended to sue and he said "yes I already filed the papers." I then just said send me the suit papers. And hung up. I then called back and asked for one of the managers. Man was that lady annoying. She just talked to me like a child. She asked me like twenty times if I was recording the phone call. I said no. She kept on explaining laws to me and she wouldn't let me speak. I just hung up.

Now I'm worried. Can they really garnish my wages just like that?

Would a company based in Kansas take the time to sue someone in CA?

This contract was made while I was in the military active. Now I'm reserve. He called my Gunny at base and said that I had something of his. Can they do that?

The original creditor is a company that finances people in the military. Will this hurt me now? I'm a reserve. I was active 3 years ago.

In my credit report the account has a balance but is is shown as closed. What difference does that make?

I have no actual proof of what he did. (violating Fair FDCPA ?) But I have found several websites were this same comapny is listed by different people saying similar things to what I'm saying. Can I use that against them in court??? Show it as proof.

I stopped paying the acct 3 yrs ago.

What can I do? What should I do?

Please help. These people are scary but I think they might be bluffing.What is the name of your state?

Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com

Make sure you ask for VALIDATION (and do not accept verification).


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

https://forum.freeadvice.com/showthread.php?t=293829

 

[Ladynred]

Please help. These people are scary but I think they might be bluffing.

That is their intent !! To scare you into coughing up money NOW. DO NOT let them push your buttons. Their threats are ILLEGAL, violations of the Fair Debt Collection Practices Act (FDCPA). Threatening to sue when they have no intention of suing or cannot legally sue is also a violation of the FDCPA. Verbal abuse certainly is.

Now I'm worried. Can they really garnish my wages just like that?

No. They would have to sue you FIRST and win a judgment. Then and ONLY then could they go after your paycheck.

Would a company based in Kansas take the time to sue someone in CA?

They can, but they'd have to hire a lawyer in your area to actually do the suing. They can NOT just 'file paperwork', so his BS about " yes I already filed the papers." is EXACTLY that, BS, it simply cannot be done. These jerks know that most people haven't a CLUE how the law and lawsuits ACTUALLY work so they can get away with this kind of ****e.

He called my Gunny at base and said that I had something of his. Can they do that?

I'd say tha's overstepping the law. He can call your employer, he can NOT discuss your debt with ANYONE.

The original creditor is a company that finances people in the military. Will this hurt me now? I'm a reserve. I was active 3 years ago.

Your active or reserve status has no bearing on the debt itself. You owe the money, they can try to collect until hell freezes over.

In my credit report the account has a balance but is is shown as closed. What difference does that make?

None whatsoever. It just means they're done with you and probably sold the account to these toads.

I stopped paying the acct 3 yrs ago.

Are you absolutely CERTAIN of the date ?? CA has a 4 year Statute of Limitation (SOL) on debts, and if that SOL is close to running out, that may be why this jerk is putting the squeeze on so hard, but then again, these guys have a bad rep for illegal tactics.

What can I do? What should I do?

Well, since he already sent you the contract, there's not much point in asking for validation of the debt. You have a couple of choices - continue to ignore the debt and they may or may not sue you and wait for the SOL to expire; make arrangements to pay the debt, but do so IN WRITING ONLY.

Whatever you decide, stop talking to this jerk on the phone. There is NO WAY I'd have stayed on the phone with him for 20 minutes just wrangling words and being abused. If you have no way to pay them anything now, then just don't do anything until you CAN, then make your offer in writing. You are NOT obligated to talk to these people, there is NO LAW that says you have to talk to them. Why put yourself thru that ???

File a complaint with the FTC (www.ftc.gov) and your State Attorney General's office for their nasty tactics. Read the FDCPA, learn your rights and their limitations.

 

[hectorartm]

Thanks

Wow. Thanks. Forget them. I want to clear my credit report, but they seem like bs. Thanks, now im sure of it. I found another website that says that this company is a scam http://www.budhibbs.com/. Thank you very much I feel a lot better now.