OK--I am shaking so badly right now that I can barely type. I just had a CA call, and I hung up on her w/o saying a word. Lori Sharpe from Williams & Fudge called me back immediately and b!tched me out about hanging up on her. Didn't call me names, but she told me that I didn't need to hang up on her, and that I had to talk to her. I hung up again, and I didn't get any more calls this evening. Folks--this has got to stop--I am at my wits end, and I don't know what to do. The loan in question was written off in 10/97, it originated in KY, and I don't believe that I owe this loan in the first place. (I'm the one with the private loan from a college--it is NOT a federal loan, and I am reasonably sure was consolidated, but no help from the college and no paperwork.) Please help--these damned people are driving me nuts, and wedging a problem between my husband and myself. I am a newbie, and I've read thsi FAQs, but I am at my wits end.
Yeah--but I don't want to live my life as a prisoner by some #$^! CA. Particularly for something I don't owe.
Have you requested validation? How about sending them a letter letting them know that they are not to contact you by any means other than mail?
If you don't believe you owe this in the first place, how could you make it worse by asking for validation? You might hit the jackpot by doing so - they may not be able to provide it!
Re: Re: I need help---please I should have said that I don't want to say something that could be taken out of context or make a newbie mistake. Since this was written off in 10/97, shouldn't the SOL up? Why am I still getting hassled? Is this where a CA buys old accts and then trys to collect? If they can do this, then were does it end? Will they still try this crap in 2025? (Sorry--I am just ranting because I am so fed up.) And with her calling me back and yelling at me, do I have any action that can be taken?
Re: Re: I need help---please Just before your last reply I was going to mention that the SOL was probably coming up ... at least check on it. When you were contacted did they identify themselves "each time" as a debt collector. I think I read here somewhere that each time they call they must identify themselves as a debt collector or they have broken one of the consumer credit laws.
Re: Re: I need help---please Well, when they first called, the guy (at that time, Eric) introduced himself and said he was with Williams and Fudge and was calling about a debt that I owed. I asked what it was in regard to, and that's when he told me it was for XXX College. I hung up on him at that point, because I knew that it had been written off in 10/97. Since then, as soon as I hear the name, I hang up. I have neither denied or affirmed that this debt is mine.
Re: Re: I need help---please You need to send them a LIMITED cease and desist letter, and in the letter you state that you do not conduct business over the telephone, and that they need contact you by mail only. No phone calls at home or at work. You should also find out what the SOL is for that kind of loan in your state. I just checked KY...it looks like the SOL is 15 years!!! for written contracts/promissory notes...you need to check that! If that is true then they still can collect even sue you for this!
Re: Re: I need help---please I agree..send them the limited cease and desist letter. "I hereby request that you cease and desist communications with me in any form other than written correspondence." Go the validation route...learn everthing that they need to provide for a proper validation. DO NOT send them any payments, sign any payment agreements, etc. that might re-age the DOLA on the account. Send all correspondence CMRRR. You can check online at USPS.gov to track the letter and when it was received by the CA. Any more calls after that date is a violation. Keep records of any violations so that if necessary, you can sue their ass off. Find out if the state you live in requires CAs to be licensed and bonded. If the CA that is harassing you isn't licensed or bonded and they have to be in your state, they cannot legally collect the debt. Contact the OC. Tell them that this debt was included in the consolidation of your school loans. Tell them that you are being harassed by a CA for a debt that you do not feel you owe. They are also responsible for the CAs actions and may pull the plug on them themselves. Contact the lender that consolidated your loans. Ask for copies of all information related to your account. You need to be able to show that you don't owe this debt. Anyways...a lot to do but you can make it thru it. All you have to do is stand up for yourself and realize that these people view you as an ignorant dolt who won't stand up for yourself. Learn the law and put your foot up thier ass.
Re: Re: I need help---please Step #1: Call them back and play dumb, as you get their fax number. Step #2: Write a partial Cease & Desist. ie. DO NOT EVER CALL ME AGAIN, MAIL ONLY!!!!! Step #3: Fax it and then follow up with a copy via CRRR Step #4: Watch the calls stop Background Thread: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=56158 .
Re: Re: Re: I need help---please doing nothing would be the real mistake. Send a limited cease & desist and validation, and then read wayyyyy more than just the FAQs here. I suggest reading the FDCPA first. You'll need to read and re-read for it to sink in if youre anything like me. Then find out about CA licensing requirements for your state and how they may be used to your benefit by reading this thread: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=26763 If I had some bitch calling me and telling me I had to talk to her, I would at least spout off something rude before hanging up on her next time. Tell her her breath stinks. She'll get real quiet, lmao.
Contact the lender that consolidated your loans. Ask for copies of all information related to your account. You need to be able to show that you don't owe this debt. rondaben ><- <>- ><- <> I told madcat to do than in their other thread about this. Don't know if he paid any attention to it though.
LBrown--that's another part of this problem. I am *reasonably* sure that I did consolidate this loan in '89 or'90. However, my mom died in 4/90, and that time period is such a blur to me, but I do remember signing something to do with this loan. I have lost any paper work through the years, and when I called the college, I was given the runaround. (I've called them, probably 4 times regarding this matter. I've even spoken to the head of the financial dept, and was told that there was nothing they could do. I started calling them in 8/01 when I was first made aware of this loan problem. Up to that time, I wasn't aware that it even was on my CR.)
if you're having that much trouble trying to prove you paid it, imagine how hard it could be for the CA to prove you still owe it. send validation immediately. be nice in your letters, and play 'dumb'. Dont get all litigious, or 'hey, i know my rights' on them right off the bat.
However, my Mom died in 4/90, madcat ========= I can understand this causing a blur for you. I lost my mother on Christmas Day 1989 The last time I saw her alive was around 10 AM that day when were at her home as she was showing us her gifts full of joy and cheer. We left there and were at my MIL by 12 for Christmas dinner when we got the call. Mom had went to my brothers and he had taken her back to her place where she collapsed and died instantly on her front porch from a massive hart attack. She was getting the front door key from her purse when it happened. She never got back in the door. It's a Christmas I'll never forget. So I understand your feelings at the time of your mothers death all to well.
Madcat... If you thought that the loan was included in a consolidation, does that mean you stopped making payments to the OC at that time? If so, doesn't that mean that EVEN IF it wasn't included within the consolidation that the SOL expired several years ago? This would relieve your burdon of having to come up with papers that state the loan WAS covered win a consolidation. If they say that a loan which you stopped paying on in 1990 is still owed, then they are simply SOL (shit outta luck, not Statute of Limitations )
if you're having that much trouble trying to prove you paid it, imagine how hard it could be for the CA to prove you still owe it. Just what I was thinking earlier today. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~ ~ ~ ><- <>- ><- <>
