Today I got a letter from a CA, demanding that I appear in their office on a certain date. They are attempting to collect about $1,000 in medical bills, and 200.00 in NSF checks that I have been unable to pay- all 2 years old or better. I did ask for verification a few weeks ago, and got it. They have names, dates, etc. that I cannot dispute. I had previously made payment arrangements on these accounts ( before I got smarter) and couldn't keep them. What is the meaning of the demand to appear in their office? scare tactic? Are they getting ready to sue? Should I send them a cease and desist letter and hope they return the accounts to the orig. creditor? Should I set up payment arrangements? Should I try payment for deletion? The business that the NSF checks were written to went out of business shortly after, and I was unable to pay them directly. Does the CA "own" them now? How do they pay the OC when the OC is out of business? I've learned a lot from you guys and gals...hope you have some advice! Thanks! Radi8
Wow. I've never heard of that before. Are they in your town? It is bad enough talking to a CA on the phone. I can't imagine what hanging out in their office would accomplish. Don't do it. It is a trap. They are probablly going to threaten you with arrest. If it were me, I'd do it. I would show up with a video camera, switch it on, and tell them "Smile! Your on Cable Camera! Anything you say and do is being recording and will be used against you in a court of law or any way else I can think of". Then I turn around and sue them six-ways from sunday for every stupid threat they uddered. If they told me I can't leave, I'd file criminal charges for false arrest. They would be very sorry they every thought of doing something so stupid. Of course, I get great pleasure out of being a total bastard. But since you are too new to all this, don't do it. You will just end up hurting yourself. Stick to CCCR letters. Cheers
Usually they don't want you to know their address because they are afraid you'll go psycho on them. This is a weird one. I would like to see you go just to find out what in the world they think they could gain by getting you in their office, but I doubt going is a good idea unless you feel really confident about your ability to handle yourself in room full of jackasses. Maybe they think they can get you to sign something in a high-pressure environment, like car dealers try. Really, really odd.
Do you know for a fact that there wasn't a warrant issued on the NSF checks? If you don't know for sure, it would be a good idea to find out so you know if that is a potential issue in this. I would make this the first area of concern and then move forward with dealing with the rest. DemPooches
If you can do it without giving away too much personal info about yourself: Please, please, please tell us who the CA is !!! We have to add these guys to the Wall of Shame. ROFL What might be fun is showing up but not telling them who you are. Just stand there and look around and ignore them when they ask your name or why you're there. Or bring a bunch of religious material, Amway material, Girl Scout cookies, Mary Kay material, etc. and start pestering them to buy something. Or you could stop by their office, say "Hi, my name is Radi8 - bye" and walk out. Seriously, though - I think this might be considered collection by threat and/or coercion. Does it say "show up or XXX will happen"? You might want to pass the letter along to a lawyer, just to see what they say. I certainly wouldn't give them an opportunity to talk to you unless you've got a recorder to catch their violations. Thanks for the great CA anecdote and a laugh, though. Good luck !!
Do they want you to show to *discuss* the debt or show up pay the debt and leave? I'd send the C&D right away, this will stop all collection activity (ie: demands for you to stop by their office) and give you time to develop your strategy. good luck
It looks like they want me to come in and "discuss payment arrangements". Damn. I was hoping it was a "debtor appreciation party", with cake and coffee I don't think any warrants have been issued. I have several friends on the sheriff and local PD depts' who would know where to find me....wouldn't need me to come in. The problem that I have with these people is that I have sent them several payments, and they cannot tell me what they applied them to. Every time I ask for an accounting, I get different answers. I'm not adverse to paying the debt, I just want to know what is being paid! I think that they were applying the payments to the oldest debts first, despite my telling them to pay off the checks first. So I stopped paying until this gets resolved, and asked for verification of the remining accounts. I think I'll avoid visiting. ( Unless a bunch of you want to come along...we'll make an event of it!) Radi8
if they can't tell you what they apply to does that mean that you dispute their claim? i have been disputing a claim with a ca and paying them at the same time because " they can't find the other person who was on the account with me and for now they have to get the money from someone", even though i have proof that this account was not mine and that they violated several statutes of the fdcpa. ( i just found this out the other day) if you dispute that claim, i would dispute that on the cra (i am a newbie too) and i think because they did not post on your credit report that this claim was disputed they broke the law. and heck no, i wouldn't go in there. i would tell them that whatever they needed to say to me would be better stated on paper as i have a heard time hearing. lol, or some other bs.
Make sure you carry a crucifix, bring holy water, and wear garlic. Let us know if they all hang from the ceiling, or work out of coffins. You might want to learn some anti-vampire scripture as well. As I recall it goes "the power of christ compells you" You quote this repeatedly, while holding the outstretched crucifix where they can see it. They should react by hissing at you and drawing back. Rent Bram Stoker's Dracula before you go and get quite familiar with the verses tactics...lol
That's an idea, bring a couple 'witnesses' along for the party. If you are in Atlanta, I'll volunteer!
If it's Virginia, I'll go with you, hehe. Got my holy water 'n vampire stuff. When we get there, call me "Buffy."
you guys are toooo funny! humblemarc p.s. "Buffy" is one of the most well written shows on t.v. --let the flaming begin.
Allright! Nice big fat FDCPA violation right there! A CA can not apply your payments to a different debt. They must apply your payment towards the debt you specify. If you show up, bring them them summons to your lawsuit. Good luck.
Radi8 I will try to answer your post as it pertains to each part of the post. =================================== Today I got a letter from a CA, demanding that I appear in their office on a certain date. They are attempting to collect about $1,000 in medical bills, and 200.00 in NSF checks that I have been unable to pay- all 2 years old or better. A CA cannot demand anything from you. That can be considered coercion or harassment, which is a violation of FDCPA ===================================== I did ask for verification a few weeks ago, and got it. They have names, dates, etc. that I cannot dispute. I had previously made payment arrangements on these accounts (before I got smarter) and couldn't keep them. You get validation from a CA not verification. Did the CA validate each item completely and if not then they are again in violation of FDCPA ===================================== What is the meaning of the demand to appear in their office? scare tactic? Are they getting ready to sue? See above ==================================== Should I send them a cease and desist letter and hope they return the accounts to the orig. creditor? You could do this if you wish, however I think that they are making enough blunders and violations that you may want to keep them at it and then make them pay the $1200 total and remove from your credit, or you will sue for multiple violations of FDCPA. ==================================== Should I set up payment arrangements? ABSOLUTELY NOTâ?¦.NO!!!!! ===================================== Should I try payment for deletion? Again see above ===================================== The business that the NSF checks were written to went out of business shortly after, and I was unable to pay them directly. Does the CA "own" them now? If they bought them, then they own them as a debt only and not as an NSF check. It is my understanding that only an OC or the police can proceed on an NSF check and the police can only if the OC files charges. ===================================== How do they pay the OC when the OC is out of business? See above ===================================== I tried to create my response in Word and import but it wouldn't accept italics for my answers so I had to go another route. If someone can tell me how else to reply so that the original post is parsed for each answer I would love to know. fla-tan
Hey Fla-tan, Where ya been? Just go find a post you like and hit Quote. Then you can see how they did it.
Also, when you click on "reply" look on the left hand side of your screen - you will see a link to "vbcode" - that is what you use to make a quote, change colors or use italics, etc. There is another message board here for practicing. After you create a post using vbcode, click on "preview" before you actually post and you can see if it is right, go back and make corrections if it isn't.
Ok, I wasn't going to go...but I got up this morning and decided to have a look-see. ( App't was for today-no specific time) Parked 2 blocks away. Walked to the CA office. I walked in and noted several people milling about. The receptionist waved me over to her desk. "Hello, can I get your name?" "Del" "Hello, Del. Can I get your last name?" " Ahnquay" "Could you spell that please?" "Sure- It's spelled INQUENT" ( Writing it down, then a pause, then a stare) "That's not funny. What is your real name" "Anhquay. It's French" "I don't have time for this. PLease be serious." " Ok... I'm now Seriously Del-Inquent? You must have me in your files. That's how you addressed the last letter." "I'm getting the manager. " Receptionist walks into an office then comes out with some guy. "I'm Mr. xxxxx, the manager. How can I help you?" "I'd like to speak with the other manager." "There is no other manager." " Mr. J. Proffit. He signs all my letters. J. Proffit, Manager." " That's me." "I see." " Now what is your real name? Did you get an invitation from us?" "Yes" "Are you in our system? We need your name to pull up your file, and we'll go from there." "Why? What do I owe you?" " We don't know without your file." "You don't know? You called me in! You should be better prepared!" (Getting angry) "Either you work with me or leave. Now. You are wasting my time and patience." "Did you say there was coffee?" "Get out. Now!" "Nice meeting you, Mr. Proffit." "Get Out!" I left. No point in antagonizing the poor man. I hope I get invited back next year. Kinda makes up for all the phone calls. Radi8
