Let me try to simplify this as much as possible... I hadn't pulled my credit reports in years and was unaware of the situation below. This is a debt on a car purchased in NC in 2002 Wells Fargo Financial. In divorce the Wells Fargo Financial acct was listed as my debt but the Ex wife kept the car. I wasn't notified of the car being repo'd in California (Where I moved back to in 10/2003) and Ex wife had moved back in 01/2004. I'm contacted 04/24/07 by Law Offices of Fredrick J Hanna threatening suit or payment on the amount. Amount is $9236.77 in 6 monthly payments OR Settlement one time amount of 7389.42 I spoke with a person on the phone regarding it and I didn't commit to doing anything other than wanting information on it. Suggestions? Shall I dispute it? Shall I ask for validation? They're located in GA... Are they allowed to collect in California? The settlement amount is 20% less than what is supposedly owed... Is there a percentage I should settle on? If I ask for validation of the debt should I correspond via email or can I correspond via fax? Any help on this matter is greatly appreciated. Seems like this divorce stuff haunts ya with no end!
When was it repo'd? For $7K to $9K at risk, it's worth checking with an attorney regarding SOL, and which state would apply.
Purchased in North Carolina in 2002 Moved to California in October 2003 Repo'd in California about 04/2004 (best guess) +/- a month
How do you still have $9K due after auction on a repo if paid for 2 years? What was the original principal, what was the loan paid down to at time of repo, and what did it return at auction? Did the lender follow California law with respect to the repo and auction?
I got no specifics from this other than amounts on the phone and insistence on payment. How should I request validation? via fax or via mail? Call and tell him I'll be sending correspondence? I can contact an atty tomorrow but I'd like to have some specifics from them and wondering if faxed documents would be good enough or cover me legally if needed. I believe the orignal was around 14-15k Loan I believe was paid down to the 9k mark. I don't think they're taking into acct the repo and auction amounts. So I guess my biggest question is how should I go about getting validation and explanation of the debt that best covers me. (I'm repeating myself now so I'll stop) Thanks!
No reason not to dispute and request validation by both FAX, and mail CRRR. You want proof they got it, and when. FAX is the fastest, with FAX report to show when. CRRR is the best proof they got it. No reason to tell them anything ahead of time. It won't buy you anything. Did they send you the initial FDCPA required letter notifying you of your right to dispute and request validation? Is it still within 30 days of receiving that letter?
No correspondence has been received from them via mail. Contact was made to my ex wife and directed my way. I have nothing in writing. They didn't have a way to contact me... I called them to see what the issue was involving. There has been no FDCPA letter from them.
Since you have now talked with them, do they have your address to send their initial collection letter now? Is your name alone on the debt, or was your wife's name on it also?
"Since you have now talked with them, do they have your address to send their initial collection letter now?" They may have the address. I've contacted them on cell phone and they have that number. "Is your name alone on the debt, or was your wife's name on it also?" The original debt was her 1st on loan and me 2nd. Affidavit from divorce puts the debt on my list of debts.
Divorce decree will not override the contract you both signed. She is still responsible as 1st borrower, and would have you sue you under the divorce decree to recover monies paid per your divorce settlement.
The guy called me back today with the usual pushy conversation attempt. I told him to give me a validation of the debt and he says, "Who told you that? If you request that in writing we will get it to you but there will not be a settlement amount and you will pay the full amount owed" I told him to fax me what info he has and all he has is a copy of the affidavit from my divorce (which was probably sent to him by the ex-wife) and a page attempting a settlement. If I were to call up a neighbor and request $9k from them with a couple of "reference numbers" do I expect them to drop a check in the mail for me? He tried the atty line on me and I told him that didn't mean anything to me because an atty has to follow the same laws and a collection agency when collecting a debt. Shall I continue to annoy this guy as much as he's annoying me?
Why dont you just setup payments on the account before they do sue you and possibly get a judgment and execute that with garnishments.
What interest rate are they charging on the default of the loan? What was the balance left on the loan before repo? How much did the auction of the vehicle pay on the loan? How much are they claiming is the deficiency balance?
He has no proof of anything that he's been able to show me via fax. When I asked for validation he said that if I requested validation the settlement would not be honored. SOL for North Carolina is 3 years (where purchase was made and first default of pmt.) SOL for California is 4 years (which I'm almost positive has passed -- which may be close, I'll have to get specifics) When the validation was requested he couldn't provide it. I spoke with my ex-wife and she said that when he had talked to her he said that a settlement could be made by the 30th of April for a 40% reduction. Different story with me not going any lower than 20% and demanding payment today. I've read up on this group and see that there are multiple law suits against them for various reasons. Mainly, not following the laws they are required to follow. I think I may send a request for validation letter or possibly a cease and desist due to the SOL.
Requesting validation verbally is pretty useless. Doesn't even give you any FDCPA rights to stop collection until they validate. At best may require them to mark the account in dispute on your credit reports. You want to do it in writing, sent CRRR so you can prove when they got it. When was the last payment made, whether by her or by you? Are they telling both you and your ex-wife that the amount due is the same, separate from what they might accept? In settling for less than full payment, whatever that amount is, you would still want to document, by their sending you a written offer to which your payment would be acceptance, that your payment settled the account in full.
"When was the last payment made, whether by her or by you?" Last pmt was made in May of '03 by her. "Are they telling both you and your ex-wife that the amount due is the same, separate from what they might accept?" Told ex-wife, "40% reduction by the 30th of April" Told me, "20% reduction by the end of business 26th of April" ***************** You think I should go with a cease and desist or just a validation of debt? I have no problem calling this guy on his lies... maybe I should give him a spill when he calls telling him that the conversation is being recorded and can be used against him to dispute his claim on the debt "supposedly" owed. Thanks for the insight...
Just a quick update on the fun I've been having with this guy... He called me yesterday morning huffing and puffing and slinging more crap my way. I told him that I had asked for a validation of the debt and some settlement letter with reference numbers doesn't mean anything to me. Then he said, "the copy of your divorce decree doesn't mean anything to you?" Nope. I explained to him that it does nothing for his case and that it only gives my ex the opportunity to sue me if they are after her for the debt and she pays... she can in turn sue me for it. He threatened he was going to sue and I told him to have at it because the SOL had come and gone and he'd be wasting his time and energy. He called me and *******! and then hung up on me. I called him back 5 times getting yelled at and hung up on each time. I called back on the sixth time and asked the girl that answered the phone how to spell his name. She told me and I hung up the phone and looked up his name and got a home address and phone number. I called back and asked for his supervisor. He then answered the phone and didn't hang up on me. I told him if he wanted to call and threaten me he'd better be ready for a fight because I wasn't going to deal with that from anyone... owing money or not. I rattled off the address that I pulled off the internet and told him that I would be sending a cease and desist letter to his work and to his home address. Asked him if he really wanted to push the issue with me?!? I left him speechless. I gave him a run down of my case and then told him to leave me the hell alone. About 2 minutes later I got a call from some woman claiming she just had the file put on her desk to be finalized. I let her get about 1/2 way through her sentence and then unloaded on her. Told her the contradicting crap he had said. Told her that I had recorded all the calls to prove my case. Told her he threatened and cussed me. Told her the SOL was up. ...my lawyer would be sending the correspondence to them to cease and desist. She timidly said, "okay sir, thank-you for your time" and hung up. Anyway. I just got a little enjoyment out of annoying these people to the point that they were hanging up on me and I kept calling them back. It's a lot of fun to catch them in their contradicting lies. It's not about the money at this point... Thanks again for the insight and I'll keep you updated if things escalate to the next level.
According to the FDCPA, you are able to speak directly with the attorney at the law firm directly, and they are required to make him available for communication directly with the debtor, since his name is on the letter.
Thanks for the info. I'll stay off the phone and see if they provide something in writing. It's been nothing but empty threats over the phone and they have not communicated via mail. Shall I wait to see what comes of it? Or should I correspond via mail? I have not sent a validation letter. I have not received anything from them. No more than a 1/2 dozen phone calls that led to them hanging up on me. Thanks!
