Collection debt agency question.

Discussion in 'Credit Talk' started by samira1973, Oct 21, 2010.

  1. samira1973

    samira1973 Well-Known Member


    Ok, let say the original debt was 10,000 and was charged off.Tthe collection now asking 16,000 and still going up and the collection started reporting about 2-3 years ago, but not sued yet is it that consider worst then BK ?
    No body can pay what the colection asking is just to much so is better to file BK for that amount ? iF people after BK get all the loans that is better then poeple not geting any loans with collection on the report.
    What you think ?
    Thanks
     
  2. mindcrime

    mindcrime Well-Known Member

    It started reporting 2 - 3 years ago, but how old is the debt? Past SOL? Personally, I would not file BK. I'd take the usual steps of DV, then PFD/NDA, that is, assuming validation comes in, and they're reporting correctly, put the account in dispute when I DV'ed, etc. Especially if this is your only issue reporting AND past the SOL.

    Did you check the agreement with the OC on this about these fees?


    Maybe someone who has more experience with BK can jump in on this, as I said, I don't know much about it and maybe there are more positives to filing than I am aware of.
     
  3. samira1973

    samira1973 Well-Known Member

    I was wondering if any body knows about this company RJM Acquisitions LLC ?
    My friend received letter from them saying that they bought account from Proactive Solution Account. Well my friend said that she orderd something but never used it she put return to sender and send it back now she thinks that what hapend about this account. I thought if you orderd something like that from company they usaly have your credit card and the charge it on there. Why didn't do that if she orderd something and the usaly need to have a credit card number when you order something ?
    Now she dose not know what to do ? those she need to DV this debt or those she need to call this Proactive Sotution Company ? How can she approve to them that she returned the product those she need to ask them for tracking and track the package ?
    Thanks
     
  4. mindcrime

    mindcrime Well-Known Member

    Proactive does not offer any type of credit accounts. Your friend would have had to have a credit card on file with them. Did she perhaps dispute the charge with her credit card company after she received the product?

    There's really no way to 'prove' the product was received back without a tracking number. I would start by calling proactive. Perhaps the way she returned it is not in accordance with their return policy. See if they even have her as a delinquent account in their system. If so, she should explain her story see if they can assist.

    Doing a quick search on RJM acquisitions shows that they were bottom-feeders. But either way I'd head them off ASAP

    http://consumers.creditnet.com/Discussions/credit-talk/t-rjm-acquisitions-72304.html
     
  5. samira1973

    samira1973 Well-Known Member

    We did find a website with a lot of people complaining about Guthy-Renker she one of the owner or something for Proactive Solution what they doing after you make your first order they keep your credit card on file and starte charging it.
    Sometimes they will send you the prooduct even without ordering any and if you cancel they will still keep your credit card number and charge you.
    Most people they said the send the product back and the still got charge without knowing.
    The deal now that My friend never received any statement or invoice from them and now she got collection letter. She said that she give them her mom credit card when she orderd first time, but that the only time. The website where we find the complains is : Complaint Wire and this not the only website we did find a lot more.
    She is going to call them on monday, but a lot of people said when they call them didn't get any where with them so she is going to try and then she is going to send DV lette to the collection. Do you think this the right move for her ?
    She is going to ask her mom about the charge on her credit card, but I am still asking my self if they had to have credit card on file because they will not send you product without credit card on file than why the saying she owen them money ?
    Thanks
     
  6. mindcrime

    mindcrime Well-Known Member

    Yes, that's how the program works, I believe. The $19.95 discount price advertised on tv is a promo where if you purchase at that price you are automatically signed up for the auto-ship program. Which again, means they will ship you the product 'even without ordering any'.

    How much are they asking for? Total product price? Shipping only?

    I'd first determine how much they are asking and what was actually biled to the credit card before calling anyone. Then I'd start with proactive to attempt to get a clear answer on what they're claiming is owed.
     
  7. samira1973

    samira1973 Well-Known Member

    The collection asking for about $ 46.00 she said she can pay it, but it just made her mad because she did not order or use any product. I told her if it on your report at less get pay for deletion don't just pay.
    She said I just do not want to deal with all this for $ 46.00 but she do not want any thing on her report.

    Do you think the collection reproting on her report or they have to wail antill they get the DV back from her in the next 30 days than they start to report so my question when you think they will start reporting after the buy the debt for the original creditor to her credit report ? because if they have not start repoorting she can just pay it and get it over with
    Thanks
     
  8. mindcrime

    mindcrime Well-Known Member

    If she's not wanting to contact proactive, then yes I would suggest a DVL sent certified to the CA ASAP. if she gets it to them within the first 30 days of that letter they cannot report the debt, it's considered collection activity. $46 sounds a little high for a $19.95 package (if I am remembering prices right). Did she make original purchase online or the phone?

    The CA can report the debt at any time to answer your question, but that DVL is the key to heading them off.
     
  9. samira1973

    samira1973 Well-Known Member

    She thinks her mom ordred for her online, but she is not suer.Well her mom changed the credit card numbers after they charged her without oredring or receiving the product. Any how she called them today the first time after couple questions she said to them that what ever they send she never got it. Well yeah because they send the package if they ever send it to different address that she never live there before. Well they have different address on file,and she never live there, well she asked them for tracking number than they said they don't have it they send every thing to the collection and they wiped every thing out of there system, well nothing made since and the hang up the phone on her. She decided to call back and ask for supervisor. She talked to the supervisor and she told her she never live in that address where they send the package after that I think the supervisor told her they will be sending her aviddavit letter and she need to sign it and return it back to them and they will take care of the rest.
    Do you think by signing this affidavit could make things worse, or she should not sign any thing and just send DV letter to the collection?
     
  10. mindcrime

    mindcrime Well-Known Member

    If this was ordered online by her mom and with her mom's credit card, there's no way this is hitting her reports. In essence, this was a gift she received. If anyone has to worry about collection accounts, it's her mom. I don't understand why the CA would even have her name.

    However, I am confused....originally you said that she received the product, never used it and sent it back. Above though, you're saying she is stating she never received the product and that it was sent to an address that is not/was not hers. Was the product sent multiple times? And if so, why the different address for the subsequent shipments? If it really was sent to a different address the second, third, whatever times, Proactive should clearly be able to see that the ship-to address changed.

    Signing the affidavit is not going to make anything worse as long as she's being honest and it will/should have Proactive call back the account from RJM. I would suggest doing this soon though in the even RJM reports on one or the others report.
     
  11. samira1973

    samira1973 Well-Known Member

    Yes the card it under her name but her mom takes care of that account for her she put money there for her it like saving account or something. Well her mom orderd it from that account . First order she got the package and the second package she send back and her mom decided to change the numbers on the account so they don't charge her any more. I think she said her mom she is autorize on the account too.Well when the send the third package they send it to the wrong address . Well she never lived in that address ever. She asked them about the tracking number for that package so they can see that she never lived there and the can track the package but the told her they can not do that and than she said how do I know if you even send the package any way even to the wrong address they told her we can't help you with the tracking so I think they never even send any thing.
    Now she has to wait 10 days for the affidavit letter.
     
  12. mindcrime

    mindcrime Well-Known Member

    It's too bad she didn't just cancel the auto-ship after the second order when she knew she didn't want it anymore. In any event, a tracking number IMO is useless at this point. Proactive already admits that the third shipment was sent to a different address than the prior two. The question would be where did the new address come from?

    Sign the affidavit and make a copy and mail back certified or at least delivery confirmation. Send a DVL to the CA just to head them off in case they decide to report before the initial 30-day validation period. But in the end, the affidavit should wipe this all clean.

    Something I just thought of -- you said that her mom cancelled the credit card that Proactive had on file....businesses usually bill you the same day they ship, it's odd that they would have shipped without getting an authorization on the card.
     
  13. samira1973

    samira1973 Well-Known Member

    Yeah that what I was saying why the send the product without geting pay in the first place.

    Any way those she need to say any thing about the affidavit in her letter to the collection when she send DV letter ?
    Thanks
     
  14. samira1973

    samira1973 Well-Known Member


    Yeah that what I was saying why the send the product without geting pay in the first place.

    Any way those she need to say any thing about the affidavit to the collection when she send DV letter ?
    Thanks
     
  15. mindcrime

    mindcrime Well-Known Member

    Yes, include that in the DVL. They'll likely contact the OC to verify, but in the end your friend should be fine.
     
  16. samira1973

    samira1973 Well-Known Member

    Hello,

    Can you tell me please if this letter ok to send to a collection ?

    I am disputing the alleged debt referenced above. Please validate this alleged debt and submit proof of validation to my address above. I have talked to the supervisor who works for the Proactiv Solution Company and they apologized for this situation, and they will be sending me affidavit letter if they ever do so. I have never received this package and they send it to someone us and to address that I never lived there in my life.
    I am asking you to stop this collection process and validate this debt with them any further
    Communication about this will result further action by my lawyer.
     
  17. mindcrime

    mindcrime Well-Known Member

    That's good, I would just change slightly to this:

    I am disputing the alleged debt referenced above. Please validate this alleged debt in accordance with 15USC 1692g. The product for the alleged debt in question was never received by me. Steps have already been taken, including the execution of an affidavit for non receipt of product to evidence this fact.

    Regards,

    Me

    .......I would get this letter out quickly; you said your friend received a notice from the CA over 3 weeks ago.
     
  18. samira1973

    samira1973 Well-Known Member


    Well she still has not received any thing after they told her 10 days for the affidavit. My be they just told her that or what. I dont know if she need to call them AGAIN?
    Thanks
     
  19. mindcrime

    mindcrime Well-Known Member

    Then leave out the part about the affidavit. Just send out a DVL ASAP.

    She can call again to confirm if one was sent. With this track record, it was sent to the mystery address....
     
  20. samira1973

    samira1973 Well-Known Member

    She already send the letter and said something about the affidavit. Is it going to be a problem sience she has not got it yet,but she put that on her letter ?. She is going to call the m again.

    Thanks for the help
     

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