Order to show Cause - Improper service

[boswd]

This is defintly a case where you are both right. there are some people who come on here looking for a quick easy way out, and hoping someone has some advice, especially if they have the means to pay it back but " I need that money for my trip to Europe is much better".
And then of course there are the scumbags who have done what they did to Hungry and Tired, buying a settled account, changing the last activity date and serving her dead mother. SCUMBAGS!!!!!!!!!

But I have to tell from someone who as little as 5 years ago, I had great credit, three credit cards in good standing, and one personal loan and student loan in good standing. My FICO score was a solid 720, and then through reasons one beyond my control, laid off and brother needed help and two - my own stupidity by not contacting my creditors. EVERYTHING went into default and I have been fighting out of it since.
I have worked with CA's in everyone of the situations, got my student loan out of the CA's and into Dept of ED.( The CA ECMC actually recommended the Direct Loan from the Federal Student loan program) and with the other just worked out a reasonable payback I have found that if you call them and talk to them most will work with you. Just a week ago I worked out my last credit card, the other two have since been paid off, with Portfolio Recovery. I called them, the debt was for $2,000, they said they have a standard 20% down and $193 per month. I told them that I don't have the 20% to put down today and asked if I could give them $100 today, and the remaing $327 on the 15th, I get paid twice a month, They said that is not a problem at all. So in the past 4 years I have paid off two of the credit cards, got the student loan out of default, and the last credit card set up in a payment plan that I can easily afford.

So while I am sure they're scumbags out there, If you call them be honest and tell them your situation more often than not they will work with you.

 

[ajs09876]

Thank you boswd

That is exactly what I was trying to say. What the CA did to the OP is wrong. I think it's horrible to fake service and get a default judgement. And kanman I have been on hard times. The point I was trying to make is all this could have been avoided by showing the original creditor that you want to make right and pay. Debtcollector is doing his job. If everyone would pay their bills or make arrangements to pay their bills then you would put him out of a job.

But that is not the point.

The point is...just because you don't like what debtcollector says doesn't make him wrong. That's the way debt collection law is. If you don't like it, don't charge up your credit cards, stick with only cash, carry insurance and put money away in case of emergency. If you show CA's that you are willing to pay, even just a little each month consistently then they won't freeze your bank accounts. The people that you owe money to and the CA's are a business as wrong as it may seem, they deserve to get paid for the debt you owe. If you do it right, your bank accounts won't get frozen, your wages won't get garnished and you won't have liens put on your property. Most CA's are happy as long as they are getting something. So give them something. If you start being difficult and challenging them at every turn they are going to be waaay less likely to see your side and help you work it out.

 

[boswd]

you're welcome.

 

[Hungry&Tired]

What happened in here?

Well I have not the time or the patience to read all of that text but here is my two cents. Most people want Good Credit. There is a difference between debt and robberry. Most people I know that are in debt are in debt because of uncontrollable circumstances. Let's be real if you have an account with an established legit company they will work with you most times. But those predatory Lenders will expand a 1,000 debt into 3,000 in less than a year if you are legitimately just unable to pay for a couple of months.

There are only collection agencies because their is money in it and the a-holes that never took the time to properly assess my situation before doing what they did to me are now the rule not the exception. That has got TO CHANGE! it happened to me and I have NO DEBT! But right now I have no money, bank account or sleep either. What I do have is an illegally obtained judgement for a debt I don't owe and the further expense of an attorney hanging over my head. That money could be in my account accruing interest. I am self employed so it costs me money to make money, so how do I make money in the mean time?

That's why Congress has put them to task! So just like they will do what they have to do to charge you interest on interest and those hidden fees you have to do what you have to do to climb out of bad credit. What's wrong with buying time to get your situation straight? Some want to squeeze blood from a stone, if you say hey honestly all I can afford to pay is $75 a month, No I don't have 400 bucks up front, the 75 bucks is gonna be hard, can you please work with me? I've had a 50% cut in pay and my wife can't work now. plaese work with me! How many of them really will make it easy for you to pay that $75? That's why people are working while they're sick as a dog and spreading it to the whole office. One unfortunate incident for a family working check to check can ruin them. Creditors don't want sob stories they want cash and they would rather ruin your finincial future than keep a good customer who just had a bad break. It's the bottom line for them.

You hear the surface story in here from most. I came in here asking a question and advice. I can get sarcasm and one-liners at the Comedy Club. Nothing funny here!

Just like they have rules and time limits on payments, what makes Creditors and CA's feel they shouldn't have rules and time limits on collecting and how much they can take! KEEP IT REAL!

WHAT? WHAT?

My post is not full of quotes from other's posts with rude, negative rebuttals and nasty comments on stuff. How about adding a hint to how they can work with a CA. Spare me your nonsense and negativity! and that's ten cents more than I promised.

WHAT? WHAT?

 

[Kanman]

The point is...just because you don't like what debtcollector says doesn't make him wrong. That's the way debt collection law is. If you don't like it, don't charge up your credit cards, stick with only cash, carry insurance and put money away in case of emergency. If you show CA's that you are willing to pay, even just a little each month consistently then they won't freeze your bank accounts. The people that you owe money to and the CA's are a business as wrong as it may seem, they deserve to get paid for the debt you owe. If you do it right, your bank accounts won't get frozen, your wages won't get garnished and you won't have liens put on your property. Most CA's are happy as long as they are getting something. So give them something. If you start being difficult and challenging them at every turn they are going to be waaay less likely to see your side and help you work it out.

ajs09876, to this I say. What if you have no money to work out a settlement with these dirt bag debt collectors/lawyers, what then? You know what happens, and I guess you would say that is the name of the game, which is sad.

My situation...I tried making arrangements with the orginal creditor at first, but they refused to come down to a level I could safely guarantee monthly payments...and they wanted to be locked into my back account (this they would no budge.) No way am I having any institution taking payments out of my bank account for me. So, it went to collections where I was promptly met with the type of CA that screams in the phone, calls past hours they should not. Yeah, I want to settle with someone who can not even uphold FDCPA laws. No way, plus the orignal creditor tacked on so much interest and late fees that there was no way a comprimise in my situation would have been acceptable..and it wasn't.

That is my situation...but there are people in far worst debt problems than me, property and other assets. I don't believe the majority of people sit down and say, hey, lets cheat the system and stop paying. It happens because life is tough and does not always work the way you want it to...for various reasons. Debt collectors do not take any of this into consideration, despite what you say. You are correct, they think and act like a business with a purpose.

The problem is humanity does not always work into the business model. There are many factors to consider as to how and why someone falls on hard times and just to sweep everything up into a pile and say..."There you are, a pile of debtors...just pay your bills" does not cut the cake. People do this all the time with the welfare issue...which kills me.

As far as "debtcollector" goes, even if his information was reliable, he is not a defender for consumer advocacy, quite the opposite. As such, his advise should always be taken in with suspect. I would like to see someone go into a lawyers office and say, "I got this advice from a debt collector on a public forum, and I was wondering...." I can hear the laughter now.

 

[Hungry&Tired]

What?

NOTHING! I thought so!

 

[ajs09876]

Hungary and Tired-
here is the deal. I never said anything about your specific situation, so until you have time to read all the posts, don't get angry. I was merely replying to kanman who seems to follow debtcollector where ever he goes and tell people not to listen to him. I was only saying that he speaks the truth and all he said was this isn't a forum for debtor's help. It's a LEGAL ADVICE forum. You want legal advice..here it is. According to the system you have to pay. I'm sorry about the improper service in your specific case. I would also apologized for your thread being taken over by our disagreement..except it wasn't your thread either, so I have no idea why you are geting so angry. Calm down. I said several times that some debt collectors are scum and used the example of serving on a dead mother (I belive yours) That's not right, you should've had the opportunity to go to court and plead your case. But if you went to court and got a judgement against you anyway... The only reason it got this far is you had a bill a long time ago and didn't pay it. Mistakes happen, your case probably should've been resolved years ago. And like I said in my posts the reason SOL and improper service laws exist is to protect against abusive CAs. So if that is your case, go win your court battle.
Just read all posts before you get so angry when I basically agreed with you.

and oh yeah. CAs do have rules about how long they have to collect and how much they can collect. And debt collecting is a business, like it or not.

 

[Hungry&Tired]

First of All get the name right!

Hungry&Tired

I can't believe that you are so self important that you think I was addressing you personally. Move over to the other thread and get the rest of this....
WHAT?