Re: Re: Re: Newbie Harrisd Read back. I said exactly what I would do if they sent me validation. I would pay the debt on my terms. $400 a mos isn't in my budget.
Re: Re: Re: Re: Newbie Harrisd Thanks for your reply. It really doesn't answer my question however. It does and it don't. So let's use your answer as part of an explanation as to what I am really looking for in the way of an answer. Lets assume that the most you could pay was $50 a month and the least they will accept is $400 or whatever. An amount that simply isn't in your budget or we could also say that you have no intention of paying for some valid reason. Again, we'll assume they sent you (anybody) a perfected validation. In that event I'd think you (anybody) would have to figure out what to do next to either prolong the situation for a little while until you could pay or whatever. To most it might seem that if they sent perfected validation there would be no other options but to pay or just ignore the whole thing and hope they didn't ever sue for the balance due. But there surely ought to be a better option than either of those and that better option is what I'm looking for if indeed there is one. Again, thanks for your reply.
Re: Re: Re: Newbie YEAH. Make a new thread and quit hijacking his. I would assume you would be more interested in what the experts answers would be rather than a man who has been on the board for a week. I believe my "honkey answer" was a rebuttal to your thinly veiled peevish reply to my actual response. To refresh your memory:
Re: Re: Re: Re: Newbie And excellent answer indeed! Thanks. Would you also suggest that I start another new thread asking if there are any experts and if so where? Probably not because there would also be a good possibility that it too would be a dead thread and good for a few laughs. Sorry I asked.
Re: Re: Re: Re: Newbie Gee, there is the snarky sarcasm and disregard to anything I said that that we have come to expect from CAs. I see my original attempts to lighten up what I said with a little teasing escaped you and you prefer to just twist my words into spiteful retorts. Let's lose the word expert since you have an issue with it. There are people who are more experienced and knowledgeable than harris or I to provide you with a possible answer that you will be happy with since we seem to be lacking for now due to just starting out. They could also engage in debate or brainstorming with you about your question. I have been reading for months and I feel as if some of it will never sink in. There are people who have been on here for years and and helped the thousands that have drifted through with all kinds of scenarios. Maybe they have the answer to your question or have seen your 'what if' happen. While I may not be giving you an answer per se, I was attempting to point you in the right direction. Anyhow, flounder around with your question on someone elses thread, I have wasted enough of his time and mine on this issue.
Re: Re: Re: Newbie Harrisd DH Tried to talk one OC to drop the tradeline if I paid in full, 1*but OC said it was against the law to not truthfully report credit. 2*It's only $60, and I'm paying it this week, but I was hoping they would delete the info off my CR. =================================================== 1* Why do you believe them? They don't seem to flinch at breaking the laws as a matter of course. Ever wonder why they take this stand on this particular issue? 2*Why pay then 60 bucks for lying to you ? You do realize that by paying them it's screwing your credit and score for 7 years don't you??
Re: Re: Re: Newbie Harrisd Thanks for responses. The particular debt that I owe the $60 to is my debt and one that will sue. I've delt with them for a while and just have this last $60 to pay off. With this company (who has treated me right in the past) is not my problem. If I don't pay them, let's just say it won't be good for my career...I was just 'hoping' they would delete the tradeling instead of just updating it. As far as the original problem w/ the CA and the 12K. Talked to them on Thurs...it was fun knowing what I know now. I don't have to be afraid of they will or won't do. I asked him why he called my work and asked for me...and then why he lied about it when asked last week. He had no response. He sounded like a robot - asked "Mr Harris, what are you going to do today about this debt?" I shot back with "first, tell me about how you broke the law last week and lied to me." Anyway, that went around and around until he got annoyed. Mind you, I wasn't annoyed. I was having fun. He started going off about how I've lied to the OC for 2 1/2 years and I have no integrity and yadda yadda yadda. So we played back and forth. Finally, he said "what are your intentions today, are you going to pay me?" I said "No. I don't deal with scum." He said "I'll make a note that you refuse to voluntarily resolve this debt" and I said Okay. I know the advice of this board is to not talk to them...but I couldn't resist. He has called everyday and my wife has to hang up on them...so I thought I'd have some fun. Warned him that if he calls my ork again, I will sue. He got flustered...said "the only reason I'd have to call your work again..." (I cut him off and said - YOU HAVE NO REASON TO CALL MY WORK). Then I called OC and reported the actions of the CA to them. Told them the CA warned me they would turn it back over to the OC and they would sue me. The lady at the OC said he was just saying that trying to scare me that they (OC) would do something...and she said they won't. They normally don't sue over repossessions and the balance left after the liquidation. Talk about cutting the legs from under the CA. So I thought about calling the CA 3-4 times a day just to let them know if I step out of the house for something. Thanks everyone for your help. I'm learning so much.
Re: Re: Re: Newbie Harrisd Harris, slow down and catch your breath! You've been reading for a week, and I'm getting lost in some of whats going on and what you are doing. There is a certain order to follow or you are going to shoot yourself in the foot. You need to focus on the current CA, then when you have him hog-tied and in your control start working the other stuff. 1. Stop talking on the phone to OC's and CAs. Everything and I mean everything should be put in writing from this moment forward. 2. Have you researched the repossession laws of the state you were in when this repossession took place? The laws are very protective of the consumer. You need to make sure every i was dotted and every t was crossed. 8-12K is not something to fool with. 3. You need to get a tape recorder (check your state's laws to see if its a two party state or not), and record all of these conversations. This CA is violating left and right, and you have no documentation so far. Edit #3 - you aren't supposed to be talking to them anymore LOL - but just in case you get caught by surprise a little Radio Shack recorder is a handy dandy tool to have. 4. Are you 110% sure that you are still within SOL? Collateralized loans (including automobiles) are a different animal in some states as opposed to a simple written contract.
Re: Re: Re: Newbie Harrisd Thank you. I will look up the repossession laws like you suggest; as well as the SOL. I've looked up SOL before, but I don't remember seeing anything in the context like you mentioned. I've talked w/ OC on the phone. They had no idea that the CA was violating these laws. I guess I didn't go about this the right way...live and learn. But the CA is out of the picture (unless that was an empty threat - sending it back to OC). If so, I'll send a version of the limited C&D Letter...also going to buy a recorder. I believe (if I've interpreted everything right) GA is a one party consent...but CA is in Texas. Not sure how that works. Also, original car was bought in Oklahoma. I'll have to look up the laws tomorrow...but rest assured, I'll take your advice. Thanks again. Kinda rambled in my earlier post. Sorry !
Re: Re: Re: Re: Newbie Harrisd OK, I was bored this morning LOL. I'm assuming the vehicle was repossessed in OK? If so, go to findlaw.com and look at OK state statutes. You are interested in: Title 12A Commercial Code Article 9, Part 6 Subparts 1-9-607 thru to end. Here's a link, but you never know if they work http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKSTA2&level=1
Re: Re: Re: Re: Newbie Harrisd Before you rush off to Article 9 you just might want to stop and take a look at Article 1, Section 1-102, Purposes, Rules of Construction, Variations by Agreement. Section 1-102(2)(a) Underlying purposes and policies of the Act are: (1) This Act shall be liberally construed and applied to promote its underlying purposes and policies. (2) Underlying purposes and policies of this Act are (a) to simplify, clarify and modernize the law governing commercial transactions. (b)to permit the continued expansion of commercial practices through custom, usage and agreement of the parties. (c) to make uniform the law among the various jurisdictions. Then go to Title 14A and check out its purposes and rules of construction and that will tell you which title is applicable. UCC theorists are usually wrong.
Re: Re: Re: Re: Newbie Harrisd ****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* >
Re: Re: Re: Re: Newbie Harrisd Hi, Harrisd, terrible situation, and we all feel for you -- it's no fun dealing with an abusive collector. A couple of quick notes: 1) As Hedwig and jlynn advised, STAY OFF THE PHONE. Don't speak with the OC, and don't speak with the CA. Only communicate by letter. If they call you, say that you've been advised to keep everything written. Then hang up. Again, STAY OFF THE PHONE. Even though you may feel as if you're progressing, you're simply playing into the hands of those who CANNOT BE TRUSTED. 2) Send two letters certified (if you've not already done so, and I may have missed something as I perused the thread)... a) Send a "CEASE & DESIST" letter which denies all phone calls, however do not include any provision denying written communication. (Such provisions denying written communication sometimes appear in online samples of this letter. Although it is indeed your right to cut off all communication, that can simply force a legal encounter.). b) Send a WRITTEN demand for validation. 3) Send those letters referenced above in individual envelopes, certified mail, with return receipt requested. If you can fax the same letter a few days later, do that too, and keep the faxing confirmation records. Keep us posted! Doc P.S. Did I mention that you should avoid the phone?
Re: Re: Re: Re: Newbie Harrisd ****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* >Keep us posted! Doc P.S. Did I mention that you should avoid the phone? ------------------------------------------------- Doc,Any luck on finding reasonable home insurance? Bet I fooled you. Who would have thought that someone with only 20 years experience in insurance and just 31 short years of owning their own housing company would know anything about homes or insurance. .
Re: Re: Re: Re: Newbie Harrisd NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************ but I never see any posts telling what to do if the CA does do it right for once. kk ===================== A CA doing it right makes for scarce writing material.
