Ok, so I've followed the rules... Let me give a case history and you guys tell me what to do. A lady from TriAdvantage has been calling me since April 2 I guess about a debt. (I've only talked to her three times...she leaves a lot of messages) Of course I didn't know my rights under the FDCPA at the time. I talked to her a second time after the 1st time I talked to her and arranged to have my account charged $400 and to settle the total amount to be 1300 (total was 1700 something...). Then I did some research and found out about my rights...thanks straight talk...and so had the check stopped by my bank. Ok, of course there are times when I do not answer the phone. I answered it today and she was SO RUDE!!! I told her she was violating my rights by suggesting that she has sent numerous letters in the mail to me about this debt...she hasn't...and that she sent the email that confirmed the payment....never received that. She got belligerent with me and I was like why are you being so rude and talking over me....she even said we understand your rights under the FDCPA but this debt IS VALID....what?!!!? please what is that about. She was like do you want to talk to my supervisor...we do not fraudulently charge anyone's account...etc. etc. SHE NEVER SENT ME ANYTHING!!!!! AND WHAT'S FUNNY IS THAT SHE THINKS I'M LYING......I DO RECEIVE HER MESSAGES ON THE PHONE....CRAP....BUT LETTERS IN THE MAIL...THE B***H!! Anyway, what action should I take now....I've sent the letter priority, certified and with a return receipt....and am now waiting to see if they will actually return it. I'm at a lost for words...you folks were right....they are mean! Oh yeah...I hung up on her...
Same old story. LOL. I guess they get paid for thier rudeness. I've even offered to set-up a payment arrangement and had them get angry about it (didn't even mention the $$ amount yet.) I'm sorry, but if I didn't have the cash to make the monthly payments how is it that I can pay CA the lump sum they demand today? Oh Pleeeeze. Then they wait a year (could paid in full by now) sue. WHY???? Be reasonable human about this.... Geez!!! Okay. Venting over. I recall reading this post, but without the rest of the story it'll be difficult for anyone to offer advice. You might consider posting a link to your original post, so everyone can be reminded of the complete situation.
Here's the original thread...... http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=58236&highlight=mimih23 If you guys have any info. please let me know!!!!! I have no problem arguing over the phone...but that can't be the grunt of it......I have 5 exams and 3 papers plus a presentation to prepare for in the next 2 weeks......this lady has truly psst me off.... Will I have to sue or something like that later down the line...what steps can I take to avoid charge off judging from the previous thread and this one?
Simple. CEASE COMMUNICATION LETTER They always violate this once or twice. FDCPA 805 http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805 "(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.
Ok wait a minute... sending a cease and desist letter now would lead to someone trying to sue me correct..... The account was closed March 31 or something like that...I have actually talked to her 3 times....she of course has called and left numerous messages....I almost agreed to a settlement where the amount from 1700 would be dropped to 1300 if I paid 400 upfront...I agreed to paying that and had a postdated check by phone drafted.......however, when I realized my rights...I had that check stopped.....so on this third conversation with her she hassled me about a world of crap........ Is it wise to send a cease and desist letter at this point? I've been told that if I do that there will be trouble...I just want to graduate from college right now...these people are horrible? Is it wise to just work with the Original Creditor? I NEED HELP!!!
just send a request telling them that all communication from this point on must be in writing so if they call you its a violation that way you leave an open door to still recieve documents from them, since you are disputing the acct.
also I would send another CMRRR to them and state they have violated the FDCPA and FCRA for continued collection activity when the debt is being disputed and they have not validated anything. 2. BTW what is the Date of this debt?
wait hold up did you first dispute this debt with the CRA if not do that now and say you have no knowledge of the debt that way if they verify with the CRA while validation is still pending you have them on violations.
Um, let's see...it was closed at the end of March....she said that I had 30 days to pay before a charge off...
Yes I'm disputing it now.....did you read the old thread.......it talks about what she told me and such and that's where I learned to send a validation letter...... The problem...and this may not be such a problem....is that at first I had agreed to a settlement....over the phone....had a post dated check drafted on a Friday for Monday.......I then stopped payment Monday morning......and now she's asking if there is any settlement......an email was supposed to be sent to me confirming that the settlement was made........never received it...but I had planned to send a validation letter anyway because it was never properly validated in the beginning.........
what was the DOL with the OC does it show on your CR or is just the CA listed ? did you disputed this acct with the CRA? if not do that NOW if you did, wait until the investigation is completed to see the results. when was the late payment made on this acct I am trying to establish the SOL. was it in march of this year?
Also, one more thing.... How can I say in good faith that I have no knowledge of the debt when I know that I owe citibank something....I just can't pay it now...and I know I have somewhere along the line stated that I know of the debt.......so did I screw myself up....??? Signed, Loser with a credit card debt......
from what I am reading above you disputed this acct with the CA I need to know if you disputed it with the credit bureaus ?
if you owe the debt you have a moral obligation to pay it, but you say you have no $ to pay. this will not stop the collection activity if they can prove your debt. if this is the case, and you do not want to dispute the debts validity I suggest making some type of minimal payment directly to the OC i to keep the acct from being charged off the CA may not have the authority to collect this debt there are other options for you you need to think it over clearly what you want to do.
what was the DOL with the OC does it show on your CR or is just the CA listed ? did you disputed this acct with the CRA? if not do that NOW if you did, wait until the investigation is completed to see the results. when was the late payment made on this acct I am trying to establish the SOL. was it in march of this year? ===================================== Help me out....what does DOL and SOL mean? I'm disputing with the CRA now? I have not disputed with credit bureaus? How do I go about doing that. I do have a current copy of my CR which states for the CB account that it's Closed at Creditor's request.......the account was over 90 days late...I do not remember the exact last payment only that the interest grew beyond what I could pay...does that answer it? The account was closed at the end of march this year?
Could I work out a settlement with the OC? Can I truly keep a charge off from showing up on my CR? I was also told that I had 3 options if I worked through the CA: - split the total amount - half now and half before the end of this month - settle - drop down to 1300 if pay 400 now - installments - monthly installments but I would still have a charge off
was the CA listed on your Credit report or did you just recieve a letter from them? maybe you can aviod the CA collection agency) since you are not that deliquent I would salvage the acct and send the OC( original Creditor) a minimual payment with a letter stating that you intent to pay but are requesting small payments temp. it is best to avoid a charge off at all costs. just because the creditor requested that your acct be closed doesnt mean you cant fix that rating. if the creditor refuses to work with you contact the CA( collection agency) to settle the acct. the CRA ( credit reporting agency/ bureau is who you recieved your report from if you want you can dispute this acct with them, but if you plan to pay it I dont see the point. unless it is being reported incorrectly.
Ok, - send a check and a letter to the OC or - send letter, wait for reply and then work out a plan and then send a check? I would rather not work with the CA.....too rude. But I'll see if they reply to my validation letter...and they have 5 days to respond is that correct?
Ok so could the "closed at creditor's request" mean that it is a charge off or is someone playing around and trying to get me to pay something before a non existent charge off goes into effect?
