HELP!!!!

Discussion in 'Credit Talk' started by nutty28, Mar 5, 2001.

  1. nutty28

    nutty28 Guest

    I just received a phone call from First North American Bank.
    My wife has had an account with them and I tried to settle with them on several occassions.
    They just called to say that if I don't settle today the will issue the judgement tomorrow. She owes 936.49 with all them fees. Was a 300.00 credit card. and they said the judgement will be 2400.00+ but I can pay it now for 608.76.
    No I have asked for a deletion but he said no. I asked to go to no lates he said no what else can I negotiate with him?
     
  2. nutty28

    nutty28 Guest

    Please Help I only have till 5:00 est.
     
  3. Chris

    Chris Well-Known Member

    They are NOT ALLOWED TO CONTACT YOU BY PHONE... All coorespondence shoule be done via certified mail... Once you inform them to not call you, they will send you a letter... It is LAW under Fair Credit act...

    If they call you back and demand answer please tell them to stop calling, and to write you, otherwise you can successfully prosecute them...
     
  4. nutty28

    nutty28 Guest

    But I didn't tell them never to call.
    I need to know how to avoid the judgement.
     
  5. GEORGE

    GEORGE Well-Known Member

    If your willing to pay them, CALL them and tell them you will agree to $608.76 with deleation, or no deal.

    YOU NEED TO DO BUSINESS BY MAIL...NOT PHONE!!!
     
  6. Chris

    Chris Well-Known Member

    YOU NEED TO DO BUSINESS BY MAIL...NOT PHONE!!!

    ASK FOR THEIR REQUEST IN WRITING!!! IF YOU AGREE TO SOMETHING ON THE PHONE THEY CAN ALWAYS REBUT IT!!

    PLEASE TRUST ME ON THIS ONE... NEVER AGREE TO ANYTHING ON THE PHONE... ONLY IN WRITING...

    THEY CANNOT MAKE "Deals" WITH YOU OVER THE PHONE ANYWAYS...
     
  7. nutty28

    nutty28 Guest

    He insisted he will not delete, If he still insists what do I do. Will they impose the judgement...?
     
  8. nutty28

    nutty28 Guest

    Anything I would get over the phone I would get them to fax or is this not acceptable...
     
  9. netbank2

    netbank2 Guest

    Ok, a judgement is issued by a court - not a creditor. In order for a judgement to be issued by a court, you must be notified about hearing date. Call the local court clerk's office and check for cases filed against you (or where you used to live if you've moved since incurring the debt)

    Judgement info shows up on credit reports due to direct reporting by the courts and not by the creditor.

    They are probably just bluffing you to get you to pay.
     
  10. nutty28

    nutty28 Guest

    He stated he was going to start the process tomorrow if not paid and all settlement offers would be rejected if I didn't take this one. I have worked with all her other debts but this one and Montgomery Wards is the b*&^&*tards of them...
     
  11. Chris

    Chris Well-Known Member

    nutty28, Are you not reading what I am saying? You need to get everything IN WRITING.... They CANNOT MAKE YOU MAKE A DECISION OVER THE PHONE...

    And regarding the comment:

    "Call the local court clerk's office and check for cases filed against you.."

    if you had any such cases against you, the filer is REQUIRED TO MAIL YOU A COPY OF THE FILING, AND OR CASE...

    Quite playing their game, and ask not to be contacted via telephone, and ONLY BY WRITING.. They are using their "clout to ruin your credit" and hanging that over your head...
     
  12. Chris

    Chris Well-Known Member

    "He stated he was going to start the process tomorrow if not paid.."


    WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING, WRITING!!
     
  13. mother2

    mother2 Well-Known Member

    How old is the debt.

    What about the SOL? I think he's trying to scare you. I agree with the above posts. Even if and when you're served, you'd have 30 days to pay and/or neg with the original creditor (if applicable) before the court date. I believe if it's satisfied before then, it will not reach your cr.
     
  14. Chris

    Chris Well-Known Member

    Re: How old is the debt.

    be sure to note the name of the person, or persons with whom you have been talking with, and the name of the company handling the collection... Note everything that was said..

    You may forward a complaint letter to the Federal Trade Commission explaining these deceptive, and scare tactics...

    The FTC takes these things seriously, and will follow up with you via letter once they receive yours..

    Not everyone is aware of this, and many collection companies exploit this ignorance, and call people over, and over again at home, and at work threatening, and scaring..

    Please goto http://www.ftc.gov/bcp/menu-credit.htm
     
  15. Chris

    Chris Well-Known Member

    Re: How old is the debt.

    Also....

    http://www.ftc.gov/os/statutes/fdcpajump.htm

    This link has copies of letters sent to the FTC regarding credit, and explanations of the letters, and opinions of the different FTC people..

    http://www.ftc.gov/os/statutes/fdcpa/letters.htm
     
  16. Hal

    Hal Well-Known Member

    Re: How old is the debt.

    A common collection tactic - We will proceed with the judgement tomorrow. If they intended to do this, you would have something in writing. The FDCPA prohibits threats of legal action unless they fully intend to proceed with it.

    Make them put it in writing, don't deal over the phone. Collectors have "selective amnesia" when it comes to agreements over the phone. IF they are serious, they have to serve you with papers, you have the opportunity to go to court and present your defense. $936.00 seems like a small amount for a lawsuit, and it is highly unlikely any judge is going to give them $2400.00 or more on this debt.
     
  17. mvfl

    mvfl Guest

    He's just bluffing. They are not going to sue over a $300 debt. What state do you live in? How old is this debt? It may be past the statue of limitations anyway.

    Also, is this the original creditor or a collection agency? If it's a collection agency I'm 99% sure they are not going to sue you - especially if they bought the debt from the bank (usually for pennies on the dollar) and probably have no real documentation other than your name and the amount you owe. They are the lowest of the slime.

    If I had a dime for every time one of those sleazy collectors threatened to sue me, I'd have enough money to pay those old debts! I never was sued.

    Don't call him back and don't answer the phone. Immediately draft a letter to this collector with your offer and state that he must provide a signature on company letterhead stating that they will delete the item from your credit report upon receipt of the money. State that this is your final offer and that if they do not accept it they must cease & desist all further communication with you. After that, they can no longer legally contact you (unless they actually sue, then they can write to let you know). Send the letter certified return receipt mail so that you will have a signature as proof they received it.

    Do a search on this board for a sample negotiation letter and a cease and desist letter to get an idea of how to word it. DO NOT admit in the letter that you owe the money, just that you want to settle the matter of the "alleged debt" in order to remove it from your credit file.

    Also check out the sample letters on www.carreonandassociates.com

    In the meantime, please post her how old the debt is (when was the account open and when closed or charged-off) and your state.
     
  18. Chris

    Chris Well-Known Member

    "Immediately draft a letter to this collector with your offer..."

    MAKE NO OFFER UNTIL YOU RECEIVE A LETTER STATING WHAT YOU OWE!!! IF THEY CANNOT PROVIDE PROOF IN WRITING, YOU OWE NOTHING!!!

    REMEMBER TO MAIL EVERYTHING VIA THE US POSTAL SERVICE CERTIFIED MAIL WITH RETURN RECEIPT...
     
  19. roni

    roni Well-Known Member

    Hal is right...

    Hal wrote exactly what I was gonna write. It is illegal what they are doing. You also have time to fight this before it hits your credit report 30-60 days to refute a debt always.

    They are bluffing bigtime....WHERE DID YOU GO ANYWAY...DID YOU FLAKE OUT ON US?

    roni
     
  20. netbank2

    netbank2 Guest

    I know its stressful, but take a step back. It's unlikely that they would be able to collect 8X the original debt.

    Of course they are telling you that the offer they're making now is good for limited time only...they want you to jump on it.

    It would take at least 30 days for a hearing to be scheduled and a judgement to occur, and you'd be able to present your case. My guess is that if it *did* ultimately get to court and you notify the judge that you're willing to pay the amount owed that same day, he will strongly suggest the other side settles and re-call your case later in the day to see if a deal had been made.

    But, I'm sad to say that I was brought to court over $300 in health club dues.

    Good Luck
     

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