Debt collection question

[lostinmn]

So I keep hearing that in order to shoo away bottom feeder debt collectors people just need to send a debt validation letter and those agencies won't be able to verify most of the time. But according to FDCPA all they need to validate is the name of the original creditor and the amount of debt. Isn't that a given that if a debt collector purchased a debt, they would know who they purchased it from and how much the debt was for?

 

[army judge]

So I keep hearing that in order to shoo away bottom feeder debt collectors people just need to send a debt validation letter and those agencies won't be able to verify most of the time. But according to FDCPA all they need to validate is the name of the original creditor and the amount of debt. Isn't that a given that if a debt collector purchased a debt, they would know who they purchased it from and how much the debt was for?

It doesn't matter what the debt collector may know or think.

What matters is that by responding in any manner to the bottom feeder debt collectors is that you reactivate the debt by turning the statute of limitations back on for the debt to be collected.

You do NOT have to respond to any of their threats.

You are better served by IGNORING them.

Those scavengers will sometimes make $2 or $3 payments in your name to stop the statute of limitations for collecting the debt from tolling.

Then they come after you.

You owed the debt to Bank of XYZ.
Bank of XYZ wrote the debt off and took a tax write off for the loass.
They have been made whole.
Say the debt was for $500.
They get a $500 (or more) tax credit for writing the debt off.
Then they sell the paper to a scavenger, call them Catfish Collections.
Catfish buys the paper for 5 cents on the dollar.
Now Bank of XYZ gets another $25 for the paper.
then Cat=fish tries to collect by scamming or conning $$250 on a debt that cost them $25.
By the way, the debt is noncollectable because the statute of limitations for collecting has tolled.
Or, they threaten to sue you.

Then they play your friend by offering to take $200 for paper they purchased for $25.
Pay those devils nothing.
Do not communicate with them in anyway.

I recently defended a client pro bon on such a matter.
they were suing her for $25,000 on an old alleged debt.
We demanded they provide proof that my client owed them a dime.
We demanded they produce the note or any signed contract.
They couldn't do it, even though they harassed her regularly for almost 3 months.
Bottom line, when they couldn't produce any contract or note, the judge dismissed the suit with prejudice, and ordered them to pay attorney's fees.
I told the court I was representing her pro bono, and he awarded her $1,000, notwithstanding.

I say demand they produce the note or any signed evidence of a contract where you owed Catfish any monies.
They can't do it, because they purchse from Bank of XYZ is a receivable.
A receivable that they can't sue you in most courts in Texas to collect.

Don't fear these creatures, fight them.
Make them produce the note and prove their case.
If they can't (and they won't), you defeat these devils!!!

 

[lostinmn]

Oh fear I do not. I did not have any intentions to pay either. I know their claims are bogus, and I did what you said in requesting the information. They also violated FCRA on about 3-4 aspects, so I filed and FTC complaint as well. But it is on my credit report and I want them off of it. I am pretty sure they won't be able to provide me what I asked of them and I can send a letter to CRA's asking to remove, attaching copies of the letter and the reciept they received the letter. What I really wanted to know is what the actual law is on what collection agencies are obligated to provide you with when a debt verification letter is sent. Naming only the OC and the amount just doesn't sound right.

 

[army judge]

Oh fear I do not. I did not have any intentions to pay either. I know their claims are bogus, and I did what you said in requesting the information. They also violated FCRA on about 3-4 aspects, so I filed and FTC complaint as well. But it is on my credit report and I want them off of it. I am pretty sure they won't be able to provide me what I asked of them and I can send a letter to CRA's asking to remove, attaching copies of the letter and the reciept they received the letter. What I really wanted to know is what the actual law is on what collection agencies are obligated to provide you with when a debt verification letter is sent. Naming only the OC and the amount just doesn't sound right.

Those credit bureaus are outlaws.

It is a waste of your time to try and make them do anything, unless you are a multi-millionaire.

A multi-millionaire doesn't care about some credit score.

This is how they punish you for not being bullied to acquiesce to their demands for tribute.

They whack your credit score to make you comply.

In the end, that's a whole lot better than having them whack your checking account, isn't it?

Besides, we're all better off by not letting them addict us to their credit "dope".

You can't have everything, can you?

Be secure in knowing they can't get your hard earned money!!!

 

[lostinmn]

How do I get them off the credit report then? An unpaid collection is a no-no for mortgage lenders, for example.

 

[army judge]

How do I get them off the credit report then? An unpaid collection is a no-no for mortgage lenders, for example.

You do as you suggested above.
If they fail to comply, you have to sue them.
You ask a court to enjoin them (order) them to remove the derogatory or incorrect information.
They don't care most of the time, until a court orders them to do it.
If a court orders them, they eventually do it.
They might correct it voluntarily, they might not.
If you don't sue them, or get the FTC to force them to correct it, it might NEVER get done.
Getting the FTC involved is more useless than you doing it yourself.
Come on, you don't think the federal government is your friend, do you????
They care less about you than do the OUTLAWS.


The OUTLAWS appear to make many MISTAKES.
Bottom line, they are OUTLAWS.
OUTLAWS don't care about helping you.
OUTLAWS do seem to enjoy screwing you!

 

[lostinmn]

Hah, I wasn't putting much hope on FTC. That's why I sent the letter. Will I be able to sue them if they are out of state?

 

[army judge]

Hah, I wasn't putting much hope on FTC. That's why I sent the letter. Will I be able to sue them if they are out of state?

I know what you seek and want.

You might never get it in a timely manner. :nuts

You can sue them in your state, because they do business in your state.

Be forewarned that this could drag in for years. :yes:

 

[lostinmn]

Khm... years I was hoping for at least months. The SOL on the debt expires in 4 months. At least that's my understanding - 6 years (in Minnesota) from DoFD. They are at least supposed to stop reporting the debt to CRA's, correct?

 

[army judge]

Khm... years I was hoping for at least months. The SOL on the debt expires in 4 months. At least that's my understanding - 6 years (in Minnesota) from DoFD. They are at least supposed to stop reporting the debt to CRA's, correct?

See, that is another part of the overall scam.

By responding to any of their communications, they could have restarted the clock. :no:

Diabolical, clever, twisted, and evil, isn't it?

But, hey, what do you expect from OUTLAWS?

 

[lostinmn]

Well technically in my letter I did not admit the debt was mine. What a pain in the a** all of those guys are. Thank you for your help, army_judge. I won't give up this easy to get them off my back, I just hope it won't take years. The amount they are after isn't huge, I just know I don't owe it to them even if it was just a dime.

 

[army judge]

Well technically in my letter I did not admit the debt was mine. What a pain in the a** all of those guys are. Thank you for your help, army_judge. I won't give up this easy to get them off my back, I just hope it won't take years. The amount they are after isn't huge, I just know I don't owe it to them even if it was just a dime.

You are TOO trusting.

You responded.

That is all it takes.

That is how they screw you again and again!

No one owes anyone anything unless they can prove it.

That is especially true when dealing with OUTLAWS.

 

[mightymoose]

The statute won't restart unless you make a payment or enter into an agreement to pay. The statute goes off of the last activity date on the account. It should stay on your credit report for 7 years from that date.

 

[army judge]

The statute won't restart unless you make a payment or enter into an agreement to pay. The statute goes off of the last activity date on the account. It should stay on your credit report for 7 years from that date.

True, but once they get you to respond, it isn't unheard of for them to make small payments, pretending that those payments came from you.

Some have even been known to create responses from the VICTIM or MARK.

The fake responses have the VICTIM or MARK admitting to the debt.

Sometimes the fake responses have the MARK offering a settlement or accepting a settlement never sent to the unsuspecting MARK!