I was contacted ORIGINALLY for an old Aspire Visa account by Wolpoff & Abramason back in May of this year. I sent them a C&D/Validation letter (certified & i have the green card). They never validated the debt, all they sent was some random printout of the current balance. Never heard from them again after that, except for a few calls here and there (all violations). Now I'm contacted by a local law firm here in RI asking for a total of $1241.00. This bill was paid off origianlly. I pay $200.00 and Aspire matched it to charge off the account along with some disputes I had at the time (this was 2 years ago and I don't have any records of this...so should I request a full accounting?). Right along I think I was being charged 39.64% interest.So...now I get this letter from the local law firm. What should I do? And what are they required to do to prove this is mine? Any help would be greatly appreciated. Also..the name of the creditor isn't Aspire, but "Great Senaca Fianancial Corp."
You say contacted by the law firm, how did they contact you? If it was in writing, did they include the mini-miranda? Need more details. How old is the debt? Gib
They contacted me via letter with the "This is an attempt to collect...yada yada yada." The balance with Aspire was about $400. I paid $200 and they were supposed to match my payment and the rest was to be charged off because i had a disputed charge on there. Now the balance is $1241.00. This was in 2001. I have all the documentation from when I sent the C&D letter and the DV letter to Wolpoff & Abramason. Isn't it illegal that they are collection on a debt that wasn't even validated? What do I do from here ande what is the proper validation that I need to get from them? Thanks!
The charge off isn't a release of liability. It just meant that they considered the remainder of the debt uncollectable. The fact that W&A is coming after you may mean that the charged off amount was bought by them or some other vultures. That notwithstanding, how is it that the balance was $400, yet the remainder was charged off? What was the total amount that you owed before you paid them $200?
The balance was $400+ I don't recall the exact amount...I paid $200...they matched my payment of $200. The amount left over I disputed from a charge in the past which was more than enough to cover the difference. My fear is that they never matched my payment, or credited me what I had disputed. So over time that balance just great etc... and now I'm stuck. I called the attoreys office that is handling it and they told me that "they are not a debt collector"...well..why did they have the mini-miranda on there? Odd. Anyways, a request for validation was put through, and I'll be mailing a request on my own also, so that I have proff I requested validation with them. Then she tells me to call back in 30 days...and I asked her how I'd get the charges removed if the account was already paid off (or so I thought it would be) she said .."I don't know." Well, I'm only in college and I don't work so it's not like I have any assets they could take. Any other help would be greatly appreciated.
Sorry I don't recall all the details but this was two years ago and it's all just very frustrating. Is it legal for them to try to collect on the debt even though I had requested validation and never got it from the previous collector?
The first thing I'd do is go ahead and request validation. Inform them you requested it back in May from W & A. If you include a cease and desist with the letter, make sure it is only partial (all communications be in writing). At least this might buy some time. I searched Great Seneca and they seem to like to buy debt then file suit. If you demand they cease and desist all together, the only choice you leave them is going to be to file against you. If your original c&d to Wolpoff & Abraham demanded validation and that communication be in writing only, you may have a claim against them. If you demanded no further contact, then they COULDN'T send you validation. Gib
With reagrds to W&A I said that they COULD contact me in writing, because I wanted validation. It's just odd though. The office locally that is handling it now told me on the phone "we are not debt collectors"...yet on the letter I got from them today it says "THIS IS A COMMUNICATION FROM A DEBT COLLECTOR." Something isn't kosher.
They all try to claim they're not debt collectors when they are. It's also a common practice to keep selling the debt. Every time you get a letter from a different collector, immediately send a validation letter and limited C&D (do not contact me telephonically, all further contact must be in writing). Do NOT EVER call any of these people. Not to ask a question, not to clarify why it's a different company, nothing. Time is in your favor. You send them a validation letter with limited C&D. They can't validate, so they sell it to someone else. They send you a collection letter. You send them a validation letter, they can't validate, sell it to someone else.... The circle continues. And every time you send a validation, you dispute it with the CRAs. And you keep every scrap of information you can, so you're ready with the suits. Why is this good? Because time is clicking off the clock, and one day you'll be past the SOL. Then let them sue you!
I was also under the impression that a CA CANNOT send the debt to the CRA's within the 1st 30 days of contacting you (as long as it hasn't been reported yet AT ALL) if you have disputed the debt with that CA. In other words, CA sends you a letter you owe this and that...and w/i 30 days of that initial contact, you send them a letter disputing it. They cannot report that debt to the CRA'(s) as long as it has not been reported yet by them until they have fully validated it and the 30days are up. This is one's VERY FIRST AND ONLY chance to keep this sucker off the reports forever. What has happened in the past is that like others, I had moved a few times over the years and did not rcv a lot of these notices...therefore we have now have the burden of prooving whatever!!!
I didn't see where ex0dus said anything about them reporting during the 30 days. But you would have a hard time proving that they didn't send their info to the CRA the same time that they sent you the letter. In fact, they often don't send you a letter. They put the TL on your credit report. Then, when you want to get credit, it's there. They figure you'll contact them and settle to get your loan. There's no requirement that they notify you before they place something on your credit report, just that IF they notify you they have to give you the opportunity to dispute. That's how I got to this board in the first place. When we went to refinance, there was a collection on my husband's report from a CA that we never heard of for an account from an OC that he never dealt with!
The balance with Aspire was about $400. I paid $200 and they were supposed to match my payment and the rest was to be charged off because i had a disputed charge on there. ex0dus =============== You can't charge off an incorrect amount you have to correct the bill not charge it off. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' What's going on here is now they have a CA and a lawyer coming after you for the bogus charge. They never corrected the billing screw up. They just made an accounting entry leaving you liable for the bogus balance.
Do you have the "matching my payment of $200" agreement in writing? My concern is that they've long since forgotten about that and put you on the hook for the entire balance. If you don't have anything in writing and they flaked, you can demand DV but if the the newest owner of the debt gets lucky and is able to validate, you might just be on the hook for the entire unpaid balance (which I'm sure has already been charged off).
Re: Re: serious help needed, law firm? I'd wait until they are able to provide validation before worrying about it. If whatever they provide doesn't include the original amount, charges, fees, and credits since the original payment, then it wouldn't be proper validation. One thing at a time. Wait and see if they can provide the validation. In the mean time, if you paid the $200 with a check, get proof of that from your bank. Gib
Re: Re: serious help needed, law firm? What does your credit report say, ex0dus? I'd be curious about the balance that's actually reported to the CRAs. The upshot here is that you need a hammer in your hand. If you have all the docs that back your agreement for matching and paying off and writing off, etc., you're in good shape. If the CAs and/or the CRAs call your bluff, then you have to be prepared to sue. Gib is right; dispute/request for validation is a great first step. However, you need to be well prepared for and anticipate the next steps. And if you're dealing with a law firm, they're probably already anticipating theirs.
