I posted about a month or so ago about a CA calling out of the blue. Well, guess who called again? She says that I owe $19,000. But of couse they will settle for $10,000. The deal is that when I was divorced in 1993, my ex agreed to sell our mobile home in a "short sale". (this is what the CA says). Anyway, she claims that I owe 15K plus penalties to the fed gov. Because...... I am responsible for the entire loan amount 39K (what I would have paid w/int after the 15 years was up), less the amount they sold it for. I paid on it for 5 years. And only borrowed $17k to begin with. I tell her she is nuts. My credit report lists this as paid in full. By the way it was FHA. The kicker is that someone else from her office, told me that they looked at my credit report, and because I have lots of credit cards with no balance, they don't just see why I don't charge it! She also said that I was commiting a "Criminal Offense". I said "I are you threatening to send me to Jail?". Of course she got defensive and said don't put words in her mouth, but I know that she was trying to scare me with that very thing! I keep saying send me proof! then we will discuss this. She says it takes months (up to 3). She is threatening to take my business, but it is a corperation, so I don't think that's possible. Any input would be helpful. I'm taking this to my Attny. mon. Thanks
1: Sounds like a Junk Deby buyer who bought the account for about $100.00 2: Are they telling you that you owe the UNEARNED interest (interest taht was supposed to be paid after the sale date)? No judge will allow that, period. It would be like you taking out a 5-year loan on Monday, paying it off Tuesday and the bank insisting you owe all 5 years' interest. 4: FCRA violation. Care to sue them for unauthorized pull? 5: The fact that complying with FDCPA validation requirements will take months is THEIR problem, not yours. They already have racked up TWO reasons for you ro sue them. If they call again without having provided the validation they are required to provide by law, no matter how long it takles and no matter how inconvenient it is, you have a THIRD reason to sue them. You better get to Court and start the suits soon before the violations exceed the Small Claims Court limit in your state.
Yes, that is exactly what she's telling me. She also says they do not need to go to court to take my assests. She says they were given that "right" in the FCRA of 1996. What do ya think? Is she pulling my leg? Or is that true? Thanks again!
No one has the "right" to take anything from you without filing proper papers from the court and getting permission. There is no law on the books that allows a private company to supplant the legal system and show up at your doorstep to take your stuff or enter your bank accounts. The only ones who can do that are the government, and even then they need the proper court papers.
Re: Re: Help! I'm a "Criminal". She's right - it's called THEFT. FCRA gave her no such right. Why would a CREDIT REPORTING act give a collector the right to enter a home and sieze assets? Don't take my word for it - just read the law yourself - www.ftc.gov
Re: Re: Help! I'm a "Criminal". Don't want to split the thread, but let's not forget secured loans. They can take your car, for example, if you don't make payments.
Re: Re: Help! I'm a "Criminal". let her threaten to take your assets all she wants. i believe thats yet another violation. before they call again, please get a recorder for your phone!! I did it, and it was very easy to set up. (thanks to butch) Just go to radio shack and ask for help. cost about 40 bucks. (less than that if you already have an old tape recorder with a mic jack built in). just make sure you live in a state where its not illegal to secretly record phone calls. click here and here for more info.
Re: Re: Help! I'm a "Criminal". she claims that I owe 15K plus penalties to the fed gov. Because...... it was FHA. sensun Red Fag RED FLAG BIG RED FLAG.
Re: Re: Re: Help! I'm a "Criminal". 12 STATES "BOTH PARTIES" California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, and Washington. THAT MEANS ONLY ONE PARTY FOR ALL THE OTHER 38 STATES..."YOU" ARE ONE CONSENTING PARTY!!!
Re: Re: Re: Help! I'm a "Criminal". Dang thats the worst bottom feeder CA story I've heard of in a while. They are trying to break ALL the rules to collect on the debt. First, the alleged debt SHOULD be past any applicable SOL's. 10 years is a heck of a long time. Second, If you had any gov't penalties, the gov't would have gotten ahold of your butt long ago. Third, check your credit reports. It may be still on there after being illegally re-aged. Be careful when doing telephone recordings. Federal wiretapping laws may be in effect if the CA is interstate. Who is this CA anyway? They are really really begging to be sued.
Re: Re: Re: Help! I'm a "Criminal". Gosh, Thanks for all the input! My ATTY. is on vacation. But my husband says the same thing about recording the calls. I agree about the gov finding my butt if they want it. Also, on 2 of my CR this debt comes in paid in full! I didn't tell them that though, cause they happened to steal a copy of the report that this debt is not listed on at all. And I didn't want them stealing copies of my other 2 reports. Thanks again, Sensun
Re: Re: Re: Re: Help! I'm a "Criminal". They "stole" a copy. Are you sure they didn't "pull" a copy w/out PP. You might have them on even more violations. Man you could get a lot of money out of these folks! Hey, giv'em a little more line and see how many more violations they rack up.
Re: Re: Re: Re: Help! I'm a "Criminal". Thats what dh says. Let'em keep going. When I said you have no right looking at my CR, she said they work for the government, and can look at anyones credit they want. I'm going to pick up a recording device today, but when they call I'll make sure they know they are being recorded. My guess is she will hang up! Sensun
Sociologically, this person is obviously accustomed to dealing with credulous, ill-educated people who readily believe all kinds of nonsense. Psychologically, it's called projection. Most people who call you a criminal, especially when it's not true, do so because they're criminals themselves. As are a substantial minority of police officers as well, but that's slightly off topic here...
Re: Re: Help! I'm a "Criminal". She also says they do not need to go to court to take my assests. She says they were given that "right" in the FCRA of 1996. sensun ============== Look it up in the FCRA. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
