I had my first run-in with a lawyer today. I am trying to get the one bad entry in my credit report, off my report. So I decided I would call and start with the "Can I have a copy of the contract". Well, I asked at least 4 times, and got the "You're not cooperating" and the "We are sueing you" type stuff. So tommorow my first-class, priority, certified letter goes in the mail, to start the 30 day clock on this guy. He ended with hanging up on me saying "We're done". I was pretty nice about everything, and he just started shoving stuff down my throat. So, now we play the legal game it seems. Any advice would be apprecited. I've never dealt with lawyers before, but I have read a lot about my rights and the FCRA. Oh, yeah. I am getting a "Phone recording device" tommorow as well. If this escalates to a court case, I wanna have this stuff on tape. It was amazing how I asked for the contract, and he kept saying, "Are you gonna pay?", "Are you gonna mail a check?", "You're not cooperating". I wanted to take this step by step. And from what I understand, the first step is for HIM TO PROVE THAT I OWE HIM MONEY. Kinda funny how they turn it around on ya... <grin> Again, any advice would be great. I can post more details if you are interested. Oh, yeah... This board is GREAT! I've learned tons of stuff from here, and wouldn't have a clue about any of this if it weren't here. Thanks!
You are doing the correct thing. Send the idiot the validation letter. Until he validates it, he must cease collection attempts. Good luck.
Thanks, that is my thinking exactly... What are the odds of him actually sueing me? I owe hime six grand, but he is in Cali, and I am in Mass. I don't think it will be worth it for him to come over here and persue this. I hope.. <grin>
but don't get into the habit of calling, ever. they record you conversations (usually). Please do everything in writing!
Are you sure it is a lawyer? Some of the collection companies are fronted by a lawyer, but the people who call you are actually just collection clerks like any other collection agency. All the lawyeres I have met are kind, polite, and helpful. (just kidding). I am dealing with a jerk of a lawyer (Miami type) so I know what you are dealing with.
I wonder do you owe the money? Why should we feel sorry for you. You make it seem like they are the bad guy simply because they reported something.
I don't know who you should feel sorry for. I'm not asking for sympathy, I'm asking for advice about a situation that is out of control. I called this guy in good faith to find out if he has a record of this loan. If he does not, the law states that he has to remove it from my report. If he does, than we should work out a deal. I don't see how feeling sorry for anyone has any bearing at all to this situation. I am not saying that I don't owe the money. One thing I am saying, is that I am tired of getting crap rates and looked over for loans because of something that happened 7 years ago. When the guy next door claimed bankruptcy last year and is driving a BMW, has $400,000 house, and works 25 hours a week. How is that fair ? When I am trying to make an honest attempt to clear things up. </end rant>
Something I just read.... I didn't send a copy of my license of SS card... Is that required in order for them to prove the account exists? I sent them one of the letters from this board with the account number on it. And I didn't sign it because I read/thought it was a bad idead do to the fact that they could do some photoshop tricks ( I know, cause I could do it ). Any ideas on if I should resend this document? I could send it next day and all that and they probably would get the second letter first.
If this happened 7 years ago, why are you trying to validate? You are past the SOL for being sued, and you are past the time for reporting. If a ca has contacted you on an over-age debt, all you need to bother with is a cease and desist.
The loan date was 7 years ago... The date of supposed last activity is 10/96... From what I've read, the statute of limitations is 6 years in Mass. When I talked to this guy I asked him straight out to take it off my credit report, and he said no. So first step is for him to prove I have an account. If he can, than I will go after him about the SOL. From the site I saw, it said Mass, has a 6 year SOL. Is this true? And should I be able to call him on this? I et kinda lost in the whole SOL 6, and 7 years, outta state, inner state stuff....
Check your Experian report,it should say when the account is due to come off. If you are living in Mass.,deduct one year from that "come-off" date. That will give you the date beyond which you cannot be sued. The ca's have NO interest in helping you.Anything you say to them other than that you are sending them $$$ the are deaf to. So don't bother. In any case you should NEVER use the phone, always write rrr.
Pulled my Experian.... Come-off date is 11/03 according to them... They also say the reported date is 10/95. All my other reports say 8/96. How can this be?
I am not sure about the difference in "reporting" dates, however, with a "removal" date of Sept.'03, that is exactly in line with a last activity date of Aug.'96. As I said before, a cease and desist with a dispute validation request will work,however you ARE still within the 6 year SOL for being sued in Mass., so I would be very careful about doing anything that looks as if you know very much about your rights,a typewritten letter, WITHOUT your signature asking for proof that this is your debt,since you don't know anything about it,would be better than a form letter, IMO.
Good, that is what I have done... I have not admitted to the loan, I just asked for them to prove it. Although , saying that it's been seven years, and I would like it removed might've triggered something. But unless this 30 second conversation was recorded, ( and if it was, it would make him look very bad with me just asking for proof ) I don't think that could be used. I hope...
1*I wonder do you owe the money? 2*Why should we feel sorry for you. 3*You make it seem like they are the bad guy simply because they reported something. aigle ================== 1* LOOK: Wise Guy .This is none of your d business. 2*You sorry excuse. 3* If you had average or above intelligence you would realize he is breaking the law.So that does make him the bad guy SPORT I see you're back again with your foolishness!
(I wonder do you owe the money? Why should we feel sorry for you. You make it seem like they are the bad guy simply because they reported something. aigle -Alias :JERK? ________________________________________________________________ Emrys Don't pay any attention to this cook. He SheIt Is nothing but a W A trouble maker who comes around the board every once in a while to show their ignorance.
It was amazing how I asked for the contract, and he kept saying, "Are you gonna pay?", "Are you gonna mail a check?", "You're not cooperating". I wanted to take this step by step. And from what I understand, the first step is for HIM TO PROVE THAT I OWE HIM MONEY. Kinda funny how they turn it around on ya Emrys ===================== This is what they do when they don't have a legal leg to stand on.
