My strong advice is to sit tight over the long weekend and don't agree to anything until one of the "old timers" from CN can provide some insights. The good news is that Cap 1 blinked. You called their bluff and they're already lowering the amount they absolutely must have. (I realize that $150.00 is still above what you can pay, but it's a start.) Take this as a first success and enjoy your 4th of July weekend. Unplug your phone if you have to -- you can probably use the break!
Re: Re: Tears, Debt, and Loss of Hope I'm with pnwman on this one. I say don't pay. Why stress yourself out when the baddies will fall off your report after 7 years? In your case it has to be much less than 7 years by now. If you pay them then the CA's can update your file to reflect your payments and even if your 7 years are up, the CA account will still be on your file because you have been paying and keeping it active. Of course I am not advising you to do anything. I am simply sharing with you what I did and how it benefited me.
Ok he won't provide this agreement in writing till he received the first increased payment. Isn't that a bit odd? Suggestions..please. This is what my dmp counselor said: I asked him for this, but he wouldn't provide it. He said that he won't give anything until a payment has posted in that amount. I told him to be sure, then, to include that with the receipt. As far as the 0%, if he does call back, I'll ask him to verify this, but I can almost guarantee that he won't give it to you in writing until that first payment posts, so I think that's the payment we should send and if he renigs on anything, we can take it from there.
I'm losing what little patience I have. Fabulous the 7 year reporting period is described here. I hope you appreciate that I'm not going to explain it as I don't want another thread to be hijacked. http://www.ftc.gov/os/statutes/fcra/johnson.htm
Fabulous that's a very informative link she gave you. However, that is for a charged off account that should have fallen off at 7 years. The difference is you don't want a CA account staying on your report past 7 years. You want it gone at the 7 year mark. So why pay them?
Re: Re: Tears, Debt, and Loss of Hope http://www.ftc.gov/os/statutes/fcra/amason.htm No. In enacting the new provisions discussed above, Congress intended to establish a date certain -- 180 days after the start of the delinquency that led to the chargeoff -- to begin the obsolescence period. It did so to correct the often lengthy extension of the period that resulted from later events under the original FCRA. Enclosed are two staff opinion letters (Kosmerl, 06/04/99; Johnson, 08/31/98) that discuss the impact of these provisions, and the legislative history relating to their enactment, in more detail. Because the commencement of the seven year period is now described with some precision by the statute, it is our opinion that none of the subsequent events you listed -- sale of the charged off account by the creditor, or a payment on or dispute about the account by the consumer -- changes the allowable period for a CRA to report a chargeoff.
Re: Re: Re: Tears, Debt, and Loss of Hope OK. I didn't know that. So even if they pay on the charged off debt, it still falls off the report at 7 years, right? so why pay them?
Re: Re: Re: Tears, Debt, and Loss of Hope Because I feel I should? I just want them to work with me an allow me to do that without these huge penalty fees.
Re: Re: Re: Re: Tears, Debt, and Loss of Hope I have never made judgments on anybody here on their choices as to whether they pay a debt or not...that is personal - but to answer your question So Why Pay Them? Some people feel responsible for the debts they incur. Not all of us are willing to hide for 7 years just to avoid debts because we don't feel like dealing with them anymore. Some of us, in fact, feel obligated to pay everything we owe, because it is the right thing to do. Alot (if not most) people here are willing to do that, they are just not willing to wait 7 years for their mistakes to be erased, nor are they willing for their rights as given to us by the Federal Gov't, be trampled on while we are attempting to repay our obligations.
Re: Re: Re: Re: Tears, Debt, and Loss of Hope IMHO, I would NOT act upon any offer that is not put into writing. There is a reason that they won't put it in writing. If this were me, I would now view this as WAR. You were willing to make good on your debt, but this dumb a** seems to want nothing more than to destroy you. As far as I'm concerned, they've stepped over the line in this harrassment and now they should get NOTHING! I would avail myself of every legal avenue available to me. (And I am a firm believer of paying what you owe -- however, what is the value of the stress and ill-health you have been caused? At some point you should not feel uncomfortable viewing this bill as paid in full.) PsychDoc is right. You are just at the beginning of this journey. You have not even begun to exhaust your available avenues. Question for the experts: LF has sent out validation letters. Assuming that they have arrived to their intended recipients, can they continue to call LF's CCCS or should ALL collection activity cease until validation?
Re: Re: Re: Re: Re: Tears, Debt, and Loss of Hope True. Most people want to pay their debts even if it means putting themselves & their children in the poor house. Bless them. I, too attempted to pay but I gave up. Yes, I buried my head in the sand and I just didn't want to deal with the mountain of debts. So I didn't pay. But the 7 year law is there to help people with good intentions and dead beats like me by giving us a 2nd chance. I took advantage of my 2nd chance & I now have good credit.
Re: Re: Re: Re: Tears, Debt, and Loss of Hope I'm worried about legal action because I have no money for an attorney. I guess that is why I'm appeasing them.
Re: Re: Re: Re: Re: Tears, Debt, and Loss of Hope Fab, keep doing what you are doing, reading and learning. The good folks here will help you through, whether you decide to attempt repayment, choose to go BK, or CCCCS, or choose to just not pay anything.
I stated earlier in my post that I had been contacted by NCO group, I thought it was for my capital one account, it's not - it's for one of my Amex accounts that NationWide was handling. Guess they dumped it when I sent the validation letter. The guy called an old number and reached my exhusband who is an authorized user on my card, but not responsible for the account. i guess he proceeded to ask him how he was related to me and said he was on the account etc. Well he isn't and now he is afraid that my fallback is affecting his credit. Anyway NCO then left me a message saying who he was and that from my history he could tell I had just gone through a rough time and he didn't believe this was a refusal to pay - he said he had options he wanted to discuss with me regarding getting this account paid for. Do I call? If i do call what do I say, how do I protect myself in this. As I've stated above my CCCS counselor has been sending payments - they are not being rejected. This is a mess. Any suggestions..Please.
If you call they will make you cry. NCO is one of the slimier of the slime balls. He's baiting you with nicey nice words to get you to return his calls. Help me remember, because I'm lazy tonight - you are sending your payments to Amex directly via CCCS, right? You have two choices. There is a subsequent CA strategy in the sample letter forum. But its not for the faint of heart! In your case, I think I would just send out a new validation letter to NCO, and keep sending the payments to Amex directly. I am beginning to think though, since no one (Amex or Nationwide) is posting payments, you may have to see if you can temporarily "pull" the account from CCCS and send money orders or cashier's checks yourself. You might want to have proof of payment handy in the future. I would like some others opinions on this though before you jump and do it!
Jlynn Yes correct CCCS electronic transfer those payments. Is there only one NCO? Problem about sending validation is I don't know for which account this is for. Shouldn't they send me something in writing? Why did nationwide dump it so quickly after they received the validation request. Do they have any right to badger my ex-husband when he is only an authorized user and not on the account as a gurantor? Should they even be discussing this with him? Perhaps I should have my CCCS counselor call him with me. Well nationwide says they aren't posting payments, amex won't talk to use - but we do have trace numbers from the electronic payments. That is part of the reason I like paying through CCCS they have trace number with dates and payment amounts.
Re: Re: Tears, Debt, and Loss of Hope They are like roaches, they are everywhere. Why don't you post the number, and maybe someone here can pinpoint the address Now, we get into the meat of the FDCPA. Read Sec. 809 of the FDCPA http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 Their clock is ticking... I can't answer that, but you mention you don't know which account you had two Amex's right? Were they both with Nationwide? No they don't. If you like ex hubby, or if you dislike ex hubby and want him off your back, tell him to send a cease and desist letter to them. Its really quite simple Dear Knucklehead NCO - stop calling me or I will see you in court. See Sec. 805 FDCPA. Should they be discussing it with him? Great question! No they shouldn't. That's in 805 as well "communication with 3rd parties". Play your cards right Chickee, and NCO could well wind up paying your Amex off for you! Listen up, read my lips, do not call the CA! Ask yourself this - What do you need to say to me on the phone, that can't possibly be said in writing? Can't remember who to give credit for that, but it was in someone's sig, and I have always liked it. I wish someone really familiar with the TILA and FCBA would chime in here - I do believe there is a time limit to post payments...Maybe Amex would like to pay your bill for you? LOL.
Re: Re: Tears, Debt, and Loss of Hope They are like roaches, they are everywhere. Why don't you post the number, and maybe someone here can pinpoint the address The number they gave my ex was 18003773663 I can't answer that, but you mention you don't know which account you had two Amex's right? Were they both with Nationwide? Yes correct. One is for 4400.00 the other one for 2200.00 No they don't. If you like ex hubby, or if you dislike ex hubby and want him off your back, tell him to send a cease and desist letter to them. Its really quite simple Dear Knucklehead NCO - stop calling me or I will see you in court. See Sec. 805 FDCPA. Should they be discussing it with him? Great question! No they shouldn't. That's in 805 as well "communication with 3rd parties". They now have him worried that this is affecting him, itâ??s not. Itâ??s a business account. Iâ??m the only guarantor â?? he was just an authorized user. When I first signed up with Amex they sent me additional cards free, but then started charging me 50.00 for his card so I told him I didnâ??t need it anymore. Listen up, read my lips, do not call the CA! Ask yourself this - What do you need to say to me on the phone, that can't possibly be said in writing? Can't remember who to give credit for that, but it was in someone's sig, and I have always liked it. Ok, I just canâ??t figure out why they havenâ??t sent something in writing he didnâ??t even have my correct number â?? Nationwide had all this stuff. Itâ??s just so odd. Thanks a ton Jlynn. By the way Capital one is sending me the letter so at least that one is squared away and they are taking my payments now. Got two of my green cards back from validation - what do I do now?
Re: Re: Tears, Debt, and Loss of Hope I sent the information on to my CCCS counselor. She says she can't help me that she can call the CA with me, but beyond that can't offer much assistance. I'm frustrated, irritated and can't figure out why people are making this so difficult.
