Okay guys...Gulf state was trying to collect a debt that "they said" i owed citibank...2k. i disputed sent the validation letter and they never reply or anything..now i am getting calls from a company called CCI or Collect Corp or Citicorp division of Collect Care. Different names that i have heard in the past 3 days in calling. Okay this guys leaves me a message to call him and i did. he was not available to i gave my name to the lady that answered. she immediately started screaming saying why had i not paid my debt to citibank in over 120days. asking me if i had a job..i asked her who she was with and she said CCI. i told her had any mail on this account been sent to me and she said yes. i told her that i had not recieved anything and she starts screaming that it was sent and that i had to pay the debt immediately..when i told her i was not acknowledging the debt she then told me that she would tell the guy handling the case that i refused to pay the debt. i told her that i was not acknowledging it or not acknowledging it but that i would not arque with her anymore. she said that she would tell the guy that i called and hung up on me...my thing is what do i do at this point..they are threatning to "take action" whatever that means...please help...
Do not talk with these people on the phone. send a cease and desist letter/validation letter to this ca. is this the same ca that was reporting the information earlier?
Nia: Just relax a second, maybe I can help you out. You said that you sent a validation letter and they called you. This is a definite violation of the FDCPA. Next, don't talk to them on the phone. It just upsets you and they are just trying to scare you. This is what I would do, and any correct me if I am wrong: After the 30 days from the date they signed the CRRR, send an estoppel and a Cease & Desist letter, both of them CRRR. I think it's the C&D letter that tells them to communicate with by letter only, no more phone calls. At the same time dispute with CRA's. If the creditor validates, another violation. If CRA's don't delete, then after the 30 days from receipt of the estoppel, make copies of the letters and CRRR cards and send them to the CRA, telling them that their previous investigation proved to be inaccurate and they are in violation of the FCRA and you demand immediate removal of the tradeline or you will sue. Is the SOL up? If not, you might want to consider payment for deletion. I hope this helps you out. Bobbi
Everything needs to be done w/ these people via mail. If you answer your phone and they start w/ their stuff, just ask them to put it in a letter and not contact you. Or simply ask them for their address so that you can request a validation. And send it return receipt. Any verbal Conversation /interaction /agreement that you take w/ these people unfortunately does not hold water. They can and do renege. Good luck.
Nia, did you validate w/ Gulf states or the new collection agency? They (Gulf states) could have simply sold it to another agency when they could not validate.
Thanks for all the help. I must clarify this. This is a new company trying to collect the debt. I sent the verification to Gulf State saying not to contact me. My question is what to do b/c it seems if I sent the new company the same kind of letter that they will sell the debt too. I dont want this to go on forever and ever. Also Citi is reporting the account as a collection account and 120 days late. Now my new ? is what do I do now..just wait for the letter to come from the new company? Should I answer the phone when they call to get their address? What rights does this collection agency have to sue me? Thanks in advance for all the help..I love this board
Sorry about that, I misunderstood, you need to send a validation and C&D letterto the new company and then the estoppel. Don't talk to them. After they receive the validation and C&D letter, they can't call you, they can't make any attempts to collect this debt, including verifying it with the CRA's. So you should start disputing with the CRA's at the same time as the validation. I don't know if they can sue you, is the account past the SOL? Relax a little bit, everything will be O.K. Bobbi
Is the new collector on your credit report as well as CITI? Just curious. They usually will pull your report, resulting in a hard inquiry, "to ensure that they have proper address" aka tag your file. Just do what you can to get the new validation letter to the new collector. If they call, just ask them to put anything they have to say in writing. Don't call them.
Thanks for the help guys...This account is from the end of last year...well at least that is when all of this started so no its not ouf of SOL. Nothing is on my report as of yet except Citi. Gulf state did pull my credit before they sent out the letter. I just pulled my report from equifax today and the score was 481 which sucks..but the funny thing is that it was only about 510 before all this. I am considering debt consolidation but i am unsure if this will help or hurt me. my other accounts have late payments but i have worked out payment arrangements and as soon as i am current they have agreed to change the status on my credit report. so other than this account i can handle my bills. i moved last year and changed jobs so now my income is much more but catching up is hard. any suggestions?
I would definitely answer the phone but not to have any conversations. Just get the persons name and note the time and date. Not only can you document every call which will be every incident of them violating, but you can't be a prisoner in your own home. They don't have any "right" to sue you...for what? Not answering your phone? For asking for validation? Asking for validation is not a crime, it's your right. Harassment is a crime, and if you look at the FDCPA, you'll see: § 806. Harassment or abuse [15 USC 1692d] A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act. (4) The advertisement for sale of any debt to coerce payment of the debt. (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. (6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.
Nia- I believe I read in previous posts, that if you send validation and C&D to Gulf States, then THEY are obligated to send you what you requested!! NO OTHER CA CAN COLLECT OR TRY UNLESS IT HAS BEEN VALIDATED FIRST!!!!!!! Who is reporting this? Has this "new" CA sent you the "you have 30 days to dispute letter"?? Make a list of who calls and when, IF the new CA did send a letter like that (they have 5 days from the first phone call to you to do this) then cover your tracks and send them the validation too. If THEY pass it off to someone else, bring them ALL to court!! ESPECIALLY Gulf States, it's their job to validate or tell the new CA they have to validate cause you asked for that! Someone correct me if I'm wrong!
thanks so much for your help...i thought that this was true that the new company can not collect until the first one validates...in my new validation letter should i explain to the new co that i have asked gulf state for validation and it was not given? thanks again..you guys are great!!!
Re: Help Quick Please!!!! LKH LKH do you have any knowledge on this? Can one ca pass a non-verified debt to another one?
Re: Help Quick Please!!!! LKH No they can't just pass it around. I think the original CA is responsible for the actions of anyone that buys the debt after them. I'm not POSITIve, but pretty sure. Read the FDCPA til your eyes hurt! LOL
Re: Help Quick Please!!!! LKH this may help or not i dont know. but i do have a checking account with citibank and on my statement even though i dont have any credit with them it says that any loans are handled by Citicorp Credit Services incorparated. or CCSI. if its them then they are the original creditor and not a collection agency. i believe i read somewhere (probably on some stock webiste) that citicorp is the parent company of citibank.
