Here goes - have posted about my CCB charged off acct (long story on past thread). Charged off to NCO in December. Found this board in late January and validated on February 25. Received green card about a week ago. Disputed over the weekend with the CRA's. Got a call today at work - lady says she is calling on behalf of Fred Hanna about my account. (no mini-miranda or anything). I said "What account"? She said your CCB account, we'd like to settle it. I said I would not discuss it until my validation was received. She said ok, a letter was sent out end of last week. Got the letter in the mail today and its from Frederick Hanna & Associates, attorneys at law. What's happened here?? Now they have it, I validated to NCO and now I'm stuck with bloody attorneys. What do I do now? Are attys under the same laws as collectors? Do I validate with Hanna or am I playing with fire. Debt is mine but only $1,000. The rest is all fees, 29.99% interest and over limit fees, they even added on $59 in December for the annual renewal (on a charge off!!!). Do I go to Hanna on bended knee with the truth that acct was closed by me and reopened by them and my addicted daughter got card and used it unbeknonst to me and see if they'll take payments, or what. Any advise, PLEASE. I'm scared now that I have attorneys to deal with. I can't afford to be garnished or worse! Thanks for anyone's input.
They got you just where they want you running scared and shakin in yer boots hoping that you will so something stupid like give in to them because you can't think straight. Attorney is no different than CA or NCO.
Yes, they are 3rd party debt collectors too. Yes. And in fact if you demanded validation within 30 days after having received their initialcontact with you they violated FDCPA by turning it over to an attorney. Of course It is still all yours unless you can convince them otherwise. That would be an excellent idea if you want to take a chance you can see your daughter on visitor's days at the iron hotel. That is always a possibility. You need to get a validation demand in to the attorney immediately and be prepared to follow up with whatever you can to be able to document as many violations as you can. But no matter how many violations they commit the debt is still going to be owed by somebody and somebody may well have to pay it. The burning bush question is who that somebody is going to be. You or them?
God, I can always count on you two guys! Thanks so very very much for your quick responses. Wasn't sure whether or not attys were still considered 3rd party collectors or not. Now I know. I will send off the validation letter tomorrow a.m. and await my green card and go from there. Do I dispute with CRA's again when I get the new green card or just wait and see what happens with Hanna? Do I already have them on one violation since she called me and didn't give me the mini miranda or is that moot at this point in time. Also, Bill you said that if I validated within 30 days of hearing from NCO and they gave it to another collector to handle that that went against the FDCPA. Does it matter any longer since NCO isn't the collector, I mean, no sense in counting up their violations since I won't be dealing with them, right? And yes, I do know that the funds will have to be paid, but as LB said, the fact that they are attys did have me shaking in my boots, which is what they want, but he's given me a new found confidence. I just don't want to be the one in the iron hotel!!! If I cant get them on any violations, then I would like to get it settled for just the debt if possible and not all the extra charges and get them to delete. Don't know if this is possible since I'll have to pay monthly in lieu of a lump sum. Can pay lump sum in January, but I don't think they'll be cooperative enough to wait until then!! But I'll fight before I cave in to even that. Again - thanks so much. I feel better -a little apprehensive, but better!
Go where from there? That's up to you. Some say it helps How would you prove it to a judge? No, I didn't say it. The law says it and I just repeated what I read. Why not kill both birds even if it does take more than one stone? That's nice. AWWWW why not? They say it gives you a great sense of security even if the fringe benefits aren't worth a damn Sounds like a plan. But if you can't get them on any violations then how are you going to get them to settle on your terms? Well, tell you what. I've never yet seen any collection attempt that didn't violate some law or other and usually several. So why not use their illegal acts against them instead of thinking about paying criminals? Good!
