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    Martileedavis's Avatar
    Martileedavis Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 23, 2007, 09:19 AM
    Responding to lawyer request for payment
    Originally in 2002 or 2003 I fell behind in credit card payments. I was having a bad time financially and had always had good credit until my divorce. Anyway, I tried everything to work out something with the credit card companies and even tried paying a little but it didn't help. I was even advised by two to file bankruptcy as there was just no way to pay back the large sums they wanted. I worked things out with those I owed money to who were reasonable. The others I gave up on. Since then I have reestablished my credit and pay my bills once again on time. However, these people keep on hounding me and I no longer use my answering machine. Recently, I got a letter from a lawyer of one of the creditors who demanded payment and if he doesn't hear within 30 days will assume the debt is legitimate. It looks like I will need a lawyer but I only have about one week left to respond as I haven't been sure how to handle this. Should I say I want to dispute the amount owed? Actually, I haven't been looking over the charges they have kept on putting on over the years so I have no idea if it was OK. I would need to look at their records. Should I ask the lawyer to send his records so I can review them? I can dispute the treatment I've received over the years but I'd need to really have it all analyzed. What's the best way to ask for the data and should I just indicate the debt is being disputed and ask to see the recordsor he has. All I have is bits and pieces, csome bills here and there, since 2002 and I need to give some kind of response within a few days now and then probably look for a lawyer to help end this harassment once and for all. Thanks for any suggestions on responding to this lawyer that you can provide.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Jun 23, 2007, 11:54 AM
    Tell them you would to glad to consider that as soon as they validicate the alleged debt.

    Send tell this:





    DEBT COLLECTOR DISCLOSURE STATEMENT
    This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction.
    Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e. “Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition” (Black's Law Dictionary, Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Fair Debt Collection Practices Act, 15 USC §1692g, applicable portions of Truth in Lending (Regulation Z), 12 CFR 226, and demands as cited above Disputed Debt. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following:
    Name of Debt Collector: ……………………………………………………………….……………………………………………...
    Address of Debt Collector: ……………………………………………….…………………………….. …………………………….
    Name of alleged Debtor: ………………………………………………………….. ………………………………………………….
    Address of alleged Debtor: ……………….……………………………………... …………………………………………………...
    Alleged Account Number: ……….. …………... ……………………………………………………………………………………...
    Alleged debt owed: $………………………………….…………………………………………………….. ………………………...
    Date alleged debt became payable: ……... …………………………….……….. …………….. ….. ……………………………….
    Re this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector?
    …………………………………………………………………………………………………………………………………… ………
    Re this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor?
    YES NO
    Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable)
    If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount:
    Date: …………………………………………………… Amount: $…………………………………………….. ……………………
    Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A
    If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount:
    Date: …………………………………………………… Amount: $…………………………………………….. ……………………
    14. Regarding this alleged account, Debt Collector is currently the:
    Owner; (b) Assignee; (c) Other – explain: …………………………………………………….… .
    …………………………………………………………………………………………………………………………………… ………
    What are the terms of the transfer of rights re this alleged account? ……….………….……….……………………………….

    If applicable, transfer of rights re this alleged account was executed by the following method:
    (a) Assignment; (b) Negotiation; (c) Novation; (d) Other – explain:…………………….…………………... ……………
    ... ………………………………………………………………………………………... ………………………………………
    17. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A
    18. What is the nature and cause of the consideration cited in # 17 above? ………………………….……….……….. …………
    ………………………………………………………………………………………... …………………………………………………………………………………………………………………………………… ……... …………………………………………………
    If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value?
    YES NO N/A
    What is the nature and cause of any value cited in #19 above? ……………………….………………………………………...
    …………………………………………………………………………………………………………………………………… ………
    If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A
    What is the nature and cause of any consent cited in #21 above? ………………………………………………………………
    …………………………………………………………………………………………………………………………………… ………
    Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO
    Date said verification cited above in # 23 was provided alleged Debtor: …………………………….………………………...
    Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO
    Verification cited above in # 23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION
    Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO
    What is the nature and cause of any claim(s)/defense(s) re this alleged account? ……... …………………………………….
    …………………………………………………………………………………………………………………………………… ………
    Was alleged Debtor sold any products/services by Debt Collector? YES NO
    30. What is the nature and cause of any products/services cited above in # 29? …….……………………………………………
    …………………………………………………………………………………... ……………………………... ………………………
    31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO
    32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? ……………………………….
    …………………………………………………………………………………... ……………………………... ………………………
    33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO
    What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? …………………………………………………………………………………... ……………………………... ……………………
    Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO
    What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? …………………………………………………………………………………………………………………………………… ……
    Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO
    Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO
    Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO
    Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO
    Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO
    42. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO
    43. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO
    44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO

    Debt Collector's failure, both intentional and otherwise, to complete/answer points “1” through “44” above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite verification validating the hereinabove - referenced alleged debt, constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account.
    Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief.

    ____________________________________ ____________________________________
    Date Printed name of Signatory

    ____________________________________ ____________________________________
    Official Title of Signatory Authorized Signature for Debt Collector

    Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC §1692 et seq. and which states in relevant part: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” which includes “the false representation of the character, or legal status of any debt,” and “the threat to take any action that cannot legally be taken,” all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector's claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty (30) days for processing after Respondent's receipt of Debt Collector's response.








    Recording Requested by, and
    When Recorded Return to:

    Your name


    __________________________________________



    Cc:file
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
    Expert
     
    #3

    Jun 23, 2007, 02:02 PM
    I will say that no matter how much you keep tying to improve your credit, with several bad credit card debts, perhaps heading for a judgement, you will not get good credit.

    And I will say perhaps you need to contact an attorney, if the actual debtor tells you that you should consider bankrutpcy, it is very possible, since the debt does not go away if you just ignore it.

    Also you tell them not to contract you again by telephone, and follow up with a letter to each telling them that. Phone calls are threats, their written letters are the real collection attempts.

    If there is no way you can ever pay these people, bankruptcy may be a real option.
    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
    Senior Member
     
    #4

    Jun 23, 2007, 03:14 PM
    I would meet these issues head on not ignorig them or pretending the debts don't exist. I understand the stress can be immense but ignoring the debts will only cause the issues to reappear later with consequences I know you don't want to face, no one does. Here are the options you have as I see them 1) Continue to ignore the debts - not a good option. 2) Call an atty and ask him to file bankruptcy for you to avoid the debts and give you a clean slate - I personally don't like this, just goes against my nature but in some specific cases, it justifiable or even absolutely necessary. Unless you debt is just so much that you can't recover, then I would consider another optilon. 3) Call the debtors/creditors/collection agencies that you owe, even the ones that you know you owe even though they might not be hounding you at the moment but ONLY call the ones now that are of immediate concern, let the others hand until you have a plan in place and have made arrangements with the ones of immediate concern. Ask them not once, twice or three times to meet you half way or whatver you can negotiate on the debt emphasizing that you do want to pay, just need their help in paying. Keep in mind that collection agencies purchase unpaid past due debts from lenders for pennies on the dollar so say for example your original debt was $3000 and the lender wrote it off, sold it to a collection agency for $600. And the collection agency is trying to get you to pay not only the $3000 but the extra fees and penalties that the lender may have added. If you do succussfully negotiate a reduced amt and pay plan, get in writing, don't pay anything unless the plan, agreement is in writiing and when paid in full, get a sttm "PAID IN FULL" or the debt may haunt you for years to come. Good luck. BTY, Mr Yet mentioned you should make sure the debt is valid since you can't recall/ don't have documents/ statements. That's a good idea of course.

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