Newbie

Hello,

I am so glad I stumbled on this website. I have already doubled my knowledge by just reading; yet, I still have so much more to learn.

Here is my situation. Once this situation is under control, I am going to work on my credit...as it is not good. Don't think I could finance a stick of gum.

I have been in the Air Force for 10 years and make okay money. But we (my wife and I) have some problems from our past that are holding us back.

In 2000, I bought a brand new minivan (after a BK) and had payments that were too high. For the time we bought the van, the payments were fine. But in the military, change is a fact of life, and we didn't take that into account. Soon, we were in over our heads and were forced to let the van go back (voluntarily). We couldn't afford the payments...nor could we afford to pay off the diff between the recovered monies and the balance of the loan. The debt sat there on my credit and we received calls every now and then...but we just couldn't afford a car pymt for a car we weren't driving.

Skip to now. An agency (Regional Adjustment Bureau out of Texas) has the debt (CA). They have been hounding us. Examples: calling and yelling at my wife...she hangs up and they call back (5 times one day); calling me at work; threatening to sue, garnish wages, and ruin my military career (which I informed him that I have 10 years in, am an NCO, and he can't hurt me...he backed off that statement once he realized I wasn't some E-3 or E-4). They want $400 a mos...which is way more than we can afford. So we asked (over the phone) for documentation beyond their own form letter. They denied. (Now I have found this site, I am going to send a cert. letter requesting validation.) Before, didn't even know if I was entitled to that.

Ordered my CR to see what they say. We called our OC and they said it was charged off, they have no paperwork on the file, and they had no intention of sueing. We told the CA that and they got flustered, and then wanted to know who we talked to (accused us of lying). I don't think it was assigned...it sounds like they bought it. The amount is 12K, and they (in the first conversation with us) dropped to 8K - which I don't have. They even wanted me to apply for a loan to get it.

Anyway, that is where we are at. I had already decided to play hard ball until I got some sort of documentation...without knowing I was legally entitled to it. Now I have found this site, I have resolved to stick even harder to my guns. I don't mind paying legally obligated debts...but I didn't borrow money from this place, and the OC has claimed it a bad debt. Why would I pay the 12K to a 3d party. Especially if they bought it for pennies on the dollar. If they have all documentation, I wouldn't mind paying it on a plan that I could reasonbly afford. $400 a mos is in the ballpark.

Well, thanks for listening. Any thoughts would be appreciated and welcomed.

DH

 

Thanks for the replies.

I've read the board for a couple days straight before I posted. Followed many links gathering more information.

It's great that there is a place where people can talk about these types of issues and help each other out.

I talked to my boss yesterday and informed him of what is going on so IF they call my work again and ask for me (even after they know it's forbidden) then he will know what's going on.

Thanks again,
DH

 

Update:

I talked w/ the CA today and this is what I was able to find out. They were assigned. If they cannot get me to settle for 8K, they will turn it back over to the OC. I don't have 8K.

Here is what was fishy. The balance is at 12K. My wife made the mistake of telling verbally she wants it validated. When I spoke to them later, they said if they validate it, they won't be able to offer the settlement offer of 8K. If the OC has to pull out files and contracts, they will demand the enitre 12K. I said I want a breakdown from what I think it should be (around 8) and the 12K. He said he was looking right at it. So I said what's the big deal with putting it in writing and faxing it to me. Same thing...if he puts it in writing, they won't settle for less. (Which really doesn't matter because I no more have 8K on hand than I do 12K.)

I pulled my CR (which I've never done before today...I know, late comer). There is a lot I don't understand...I'll start a new thread for that.

BTW: I'm not one of those fly by night people that will take your help and never be seen again. I plan on being an active member. Either to solicit help, or maybe even advice.

Thanks,
DH

PS - he also said I didn't have the right to validation because I didn't do it 30 days from their first letter to us. I said BS.

 

Another update:

I talked to the CA today and he told me he called my work today to get my work addy. I informed him he had already been notified that I cannot receive calls at work. He said he just asked for the addy and didn't mention my name...so I can't stop him from calling businesses.

Well, I came into work today and found out that a US Marshall called today and was asking for me, wanted information on me, and mentioned something about a summons. I know of noone else that is at this level with me. My CR is not good, but noone else is hunting me down or calling my house. So I can only assume that the CA and the US Marshall are one in the same.

Fortunately for me, I have already talked to my boss about my situation, so he knew that was probably what it was about. No information was given to the individual on the phone and he left no contact number.

Coincidence?

 

Good point.

How should I proceed?

 

Yeah,

I got some more info out of him today. The debt was assigned to them by Nuvell Finance. So we still owe the money to the OC. When I first posted, they wouldn't even give me that.

So I wonder, after 4 years, will the OC sue me, or pass it to another CA first. Or chargeoff and sell it.

 

It's not past the SOL. Already looked into that. I think. The SOL is based on where I live or where the debt was incurred? I looked up where I live now. (Being military, my addy changes frequently).

He asked the person who answered a barrage of questions about phone numbers and addys while claiming to be a Marshal. Then, she was confused by his "double-talk" so she handed it to her NCOIC. He took the call from there. He said he was looking for me (by name) and wanted some info. The NCOIC told him no and to call the orderly room...which they have no mssgs for me or phone calls re me.

Also, my CR is really messed up. It lists some accounts more than once. It shows an acct w/ the OC, then a CA, then another CA. So I have 3 line entries for 1 debt. Is that right? Also, some I don't even recognize.

Thanks for your thoughts,
DH

 

oops

 

Thanks everyone.

I have read the validation posts. I am definately not afraid and am sticking to my guns.

I don't owe any Child Support or anything like that. I don't of anyone that would be serving me papers. I think "he" was the CA.

As far as the military, the military has angles toward an individual...but a civil debt is a civil debt and the military stays out of it, for the most part.

I've got 10 years in, not afraid of that. But I talked to the person a little while ago that spoke with this guy. Apparently, he was asking for the marshal post...and if this was an AF base. Basically, it sounds like a non-military person asking about military things trying to sound official, but coming off as stupid. So she can't say for sure he said he was a marshal...so that clears that up.

But when I spoke to the CA earlier (before I knew they called - I work swings...so I wasn't at work), he said he called to get the addy, but didn't use my name. They said he in fact used my name. That's how they knew to call me into the office. Luckily, my boss is on my side and wants to me fight tooth and nail.

Thanks again,
Feeling welcomed,
DH