I need some help. I'm new in here and I don't know who else to talk to about this so I hope someone can help me. First, I am in danger of a charge off on my credit card. It was apparently turned over to a collection agency called triadvantage in the beginning of April and I have received calls atleast 2 times a day from this woman. She says she wants to help me w/ my credit and to make sure I maintain my otherwise perfect credit with the exception of the possible charge off. I owe @ $1700. This has been "brought down" to 1300. She told me that this settlement would last 24 hrs and was contingent on my payment; therefore a copy of the settlement could only be drafted AFTER payment. However, she agreed to have it emailed to me on Saturday morning. Never received it. I did check by phone at $400....( I know bad idea) but it's post dated for Monday 4-19-04. My questions to you guys. 1. Should I stop payment and demand the settlement in writing before I send any more payments? 2. I have an appointment w/ a credit counseling agency but she made a big deal @ not being able to work with them...should I go ahead and see what they can offer me? 3. Is there really a 30 day grace period before a charge off can be applied to my credit report (she has made "threats" that she would have to make an agreement if I didn't follow up with her in a timely manner...such as notifying CitiBank that I'm not making an effort...can she really do that?)? 4. She has asked me to ask my parents for help....I looked up after the fact that they aren't allowed to suggest that....can I make an argument of harassment? 5. I don't have the money upfront except for the $400...that's obvious...any other advice as to how to deal with this. Sorry for the long message!! If you guys can suggest anything I would greatly appreciate it!! I know I know....for some of the comments you can call me an idiot or whatever....I don't mind at all...just as long as some help can come from this. Thank you in advance for all your help!!!!
They've already violated actually. As soon as a CA says "we'll help with your credit", they bring themselves under the jurisdiction of the CROA. Naturally they don't furnish the legally mandated disclosures because they're blissfully unaware of what they just did. LOL
I didn't send a validation letter because: 1. It is a valid debt 2. I didn't know that was an option until AFTER the fact....reading all you guys posts and other information I've found. So what do I do about the other questions I asked....can I stop payment and start over or is it too late?
Re: Re: Help!!!!!!!!!!!!!!!!!!!!asap!!!!!!! 1- THIS IS A HUGE MISCONCEPTION. The requirements of the FDCPA/FCRA apply REGARDLESS of the liability of the debt. "The FDCPA holds 'debt collectors liable for various abusive, deceptive, and unfair debt collection practices regardless of whether the debt is valid.' ") (quoting McCartney v. First City Bank, 970 F.2d 45 (5th Cir. 1992)); see also Baker v. G. C. Servs. Corp., 677 F.2d 775, 777 (9th Cir. 1982).
Re: Re: Help!!!!!!!!!!!!!!!!!!!!asap!!!!!!! 1- THIS IS A HUGE MISCONCEPTION. The requirements of the FDCPA/FCRA apply REGARDLESS of the liability of the debt. "The FDCPA holds 'debt collectors liable for various abusive, deceptive, and unfair debt collection practices regardless of whether the debt is valid.' ") (quoting McCartney v. First City Bank, 970 F.2d 45 (5th Cir. 1992)); see also Baker v. G. C. Servs. Corp., 677 F.2d 775, 777 (9th Cir. 1982).
Re: Re: Help!!!!!!!!!!!!!!!!!!!!asap!!!!!!! Thanks Hiding. Thanks Hiding. lol Since it is a valid debt Mimi, best thing to do is figure on paying it. HOWEVER, in the meantime keep track of violations as you go along. Once the thing is closed, (and the collection is behind you) you can go back around and attack the problem from an inaccurate reporting perspective, via FCRA. As Hiding said, your taking care of the debt and their violationas run on separate tracks. Gather your leverage as you go along. .
Go study this thread Mimi; http://consumers.creditnet.com/stra...hreadid=39764&highlight=settlement+AND+tactic .
"did she tell you that this 400 bucks would prevent them from putting it on your credit report? if so, since this is yours, it wouldnt hurt to make some sort of arrangements with them, but still, use the law to keep it from going on your reports, for now anyway" Also memorialize this conversation. http://consumers.creditnet.com/stra...d.php?s=&threadid=55502&highlight=memorialize .
Thanks everyone for your help....... Game Plan: - Stop Payment - Send Validation Letter w/ disclosure form - Wait for reply to letter - Memoralize phone conversations? Questions: - Should I also send a cease and disist? - I have a current copy of my Credit Report and for this account it states: status: closed/ past due 90 days...Creditor's statement "account closed at credit grantor's request" The account was closed at the end of march....is this still considered a "charge off"? - Is it necessary to send the validation letter to both original creditor and CA or just the CA (eeww look message form lingo? - What do you guys suggest I say whenever I do talk to her via phone? Hey Butch! Thanks for the thread...I am reading over it. Thanks again!!!
One more thing.... A very long time ago...like maybe when I was 18 or something....I attempted to stop payment on a check for some bogus magazines. Anyway, the check went through. The bank said it had no record of my stopping of payment. If this time the same occurs..or if once they realize they (CA) can't deposit the check, they attempt to play the "recording" of my granting permission...what steps can I take to dispute that? I'll try to answer on my own and you guys tell me if I'm right: Bring up the fact that I never received a collection notice by mail after the 1st phone call....??? BTW: I am no longer with that bank beforementioned
I didn't send a validation letter because: 1. It is a valid debt mimih23 ===================== 1* That has nothing to do with it Did you read the new bee link below? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
I didn't send a validation letter because: 1. It is a valid debt mimih23 ===================== 1* That has nothing to do with it Did you read the new bee link below? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
I didn't send a validation letter because: 1. It is a valid debt mimih23 ===================== 1* That has nothing to do with it Did you read the new bee link below? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Re: Help!!! !!asap!!!!!!! << 1* Send Validation Letter w/ disclosure form 2*Should I also send a cease and disist? 3*The account was closed at the end of march....is this still considered a "charge off"? 4*Is it necessary to send the validation letter to both original creditor and CA or just the CA (eeww look message form lingo? 5*What do you guys suggest I say whenever I do talk to her via phone? mimih23 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> 1*Yes 2*No 3*Yes 4*CA only 5*Stay off phone. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Re: Re: Re: Help!!!!!!!!!!!!!!!!!!!!asap!!!!!!! The text in blue should be changed to read: The requirements of the FDCPA apply regardless of the validity of the debt. That doesn't carry over to the FCRA. Sassy
