[dailacres]

Yesterday I was called by FCS, the man on the phone was nice and I want to clear up this old debt(approx.15 year old cc debt). It has not been on my credit report for over 5 years and I to my understanding it has been turned over to this new company. I problem is that I agreed on an amount and intend to send payment (org. apprx $6,000. Down to $1,500). Then the man says go get my check book and wants me to pay by check over the phone!? I am not sure about this procedure and would have no documentation until after the check clears they said "they would send letter saying paid."
My problem also is that the guy lied and said he was a paralegal for the lawyer he worked for, when I was transferred to another person for final payment arrangements, I questioned her about this man and check out his story... a lie. If he is lying about this then what about the other things he told me about it being paid off? When I asked for the org. account # I was not given enough #s? I did talk them into letting me send it but I don't think all is kosher?! HE said I would be receiving a summons if I did not pay that day... HELP

[mr.yet]

Do not talk to them on the phone, always have them put it in writing and send it to you. The statute of limitation may be up, old debts.

Remember never talk on the phone, put it in writing.

Sounds more like a scam.

Just a thought, not legal adivce

[dailacres]

If it is legit should they have my whole correct acct # or do they own it now and it does not matter what the old # was? If it was charged off by the orig. company (bank one) do these people have the right to sue? HE knew my personal info and that I had available credit(on another card) that he wanted me to access...

[mr.yet]

If this debt is 15 years old for credit card the statute of limintation is up. If the brought this debt than they aare a third party debt collector. Your defense is too old. They are trying to get you to reaffirm the debt to make it legal again. Visit Firstgov.org and go to site in there regarding comsumer credit. It has a lot of information.

They must likely will not try to sue because they know the time is up.

Remember tell them to put it in writing, and that you don't conduct business over the phone.

Just a thought, not legal advice.

[dailacres]

Does the third party debt collector have the right to sue and how long is the statue of limitations? I read the info on the firstgov site but don't see what pertains to my dilemma...

[Fr_Chuck]

The trouble with old debts past stature of limitation is that if you agree to and start paying on them, it is possible they can become collectible again.
I am not up completely on the law but it can get you into a lot of problems

Next never give them ( collect agencies) your bank account info, they will tell you they will take out 1000, then take out 4000 if it is in the account.

Next never make any deal with any credit collection company over the phone, refuse to even discuss anything over the phone, in writing only.

Next this may not even be legit, since it could be some person who found old records and is trying to get some money by stealing yours.

Refuse any telephone discussion, in writing only.


A summoms for what?? First the only action they can take, if it was a collectible debt is to sue you in court, so what ? They are lying to you big time, trying to scare you, don't send the money, send them a letter instead saying that you don't believe this debt is collectible and that they may send you any info on the debt if they would showing that they have a right to this debt and proff of the debt.

And if you do settle on a old debt, about 10 cents on the dollar at the most if you want to settle.

[mr.yet]

Link to each state statute of limitations.
http://www.bcsalliance.com/y_debt_sol.html

Fair credit act. Link

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

In order for them to sue, they must possess the original contract, if they purchase to debt, from original creditor they did not pay what they claim you owe.

They must prove it is still a valid debt within the statute of limitation.

I hope the links help.

[dailacres]

I do not want to go to court for ANY reason, I am trying to be a good Christian and pay my debtors(if they are legit). If the company sold this to another did they give up their rights to any payoff? The guy said on the phone that if it went to court I would not be able to make a smaller payoff, but the whole amount plus law and court cost? Should I call this particular company and ask them to send me written agreement?

[mr.yet]

Yes, have been put it in writing, that way there is not doubt about what and how much you will pay.

[CaptainForest]

This post has me so sad.

Why anyone would want to pay for debt they don't have to is beyond me. You say you want to be a good Christian. So instead of paying them, take the money you would have paid them and donate it to some needy children or homeless people or something. Don't give it to a greedy corporation.

LEGALLY, the can not sue you since the Statue of Limitations is up. However, once you send them a cheque or anything, you restart the Statue of Limitations.

[Fr_Chuck]

This post has me so sad.

Why anyone would want to pay for debt they don't have to is beyond me. You say you want to be a good Christian. So instead of paying them, take the money you would have paid them and donate it to some needy children or homeless people or something. Don't give it to a greedy corporation.

LEGALLY, the can not sue you since the Statue of Limitations is up. However, once you send them a cheque or anything, you restart the Statue of Limitations.

I agree, these people tell you any lie and as many lies as they can to find your weak point and try and make you do what they want. They are the lowest level of people you will ever find.

With so much being said about this, I just find it so hard people don't know never to talk to these people over the phone,

And you are right Capt, it makes me mad, first that someone like this collection company will do such a thing, this debt has been written off years ago and would by now even been credited as a bad debt off their taxes.

I can give you a list of all types of places where 1000 can do a lot more good than in the pocket of one of these low lifes.

Yes I now it was a valid debt at one time, but it has long ago not been.

[dailacres]

Can they try to collect more than what they paid? Can they sue for the orig. amount even if they paid less? Is the statute of lim. On orig.debt? Am I nuts to be freaking out or should I wait and see what is going to happen? I am also wondering about the thing about them wanting you to make post dated check? I told them that would be fraud if I did, knowing that the funds were not available, he said as long as they were when they submitted it would be legal?! This guy misrepresented himself as a paralegal, I just am so confused...

[dailacres]

I just read about a cease and desist letter, should I send them this? My problem is I don't even know the org. acct. #. I am trying to rebuild my credit and am worried this will mess it up all over again

[mr.yet]

Have you paid them anything yet? It will not mess up your credit rating.

[mr.yet]

§ 807. False or misleading representations [15 USC 1692e]A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
(2) The false representation of --
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this title.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
(13) The false representation or implication that documents are legal process.
(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.
(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.
§ 808. Unfair practices [15 USC 1692f]A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --
(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;
(B) there is no present intention to take possession of the property; or
(C) the property is exempt by law from such dispossession or disablement.
(7) Communicating with a consumer regarding a debt by post card.
(8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.
§ 809. Validation of debts [15 USC 1692g](a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
§ 810. Multiple debts [15 USC 1692h]
If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions.
§ 811. Legal actions by debt collectors [15 USC 1692i]
(a) Any debt collector who brings any legal action on a debt against any consumer shall --
(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.
(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.

[CaptainForest]

dailacres,

Forget everything this guy on the phone told you.

Can they sue you? YES they can.

However, all you need to do is tell the Judge it has been 15 years. Then the judge will throw out the case (which means find in your favour) because the law says that after about 10 years you cannot be held responsible for the debt.

Will it hurt your credit rating? NO

Do not send them ANYTHING. Once you send them any sort of money or such, then the 10 yr approx rule NO LONGER APPLIES.

And do not talk with them anymore on the phone. If they call, simply hang-up. NEVER COMMUNICATE WITH THEM ON THE PHONE AGAIN.

[talaniman]

Quite letting some phone voice mess with your head,Block the number and have a good life!:cool:

[MaryKayLady]

I am in almost a similar situation. I have 2 debt collectors who are trying to get me to pay the creidt cards. According to my credit report, the credit cards have already been charged off and I believe this is a 3rd party trying to collect the debt and they have bought it from the original credit card company. I originally tried to work with the credit card company to pay the debt, but they wouldn't budge, so I didn't pay. Now, I get haunting phone calls about how they are going to take me to court. I've been a stay at home mom for the past 2 years and just fell behind. I surely do not have the funds to go to court and pay the debts (they are only about 2 years old). I cut up all credit cards 2 years ago and have been running strictly on a debit card. I don't know what to do. Can they send me to jail or make me write them a check for the full amount (by the way, I do not have the money to pay them, yet do not want to file bankruptcy). Again, should I worry about it on my credit since it's already showing a charge off. HELP!!

[Fr_Chuck]

Can they try to collect more than what they paid? Can they sue for the orig. amount even if they paid less? Is the statute of lim. on orig.debt? Am I nuts to be freaking out or should I wait and see what is going to happen? I am also wondering about the thing about them wanting you to make post dated check? I told them that would be fraud if I did, knowing that the funds were not available, he said as long as they were when they submitted it would be legal?!? this guy misrepresented himself as a paralegal, I just am so confused....

First they can "try " to collect the full amount of the loan but all interst plus all penalties plus all late fees and throw in a gift for their girlfiend,

Next they lie, all the time, they will tell you they are lawyers, they will say paralegals, they may call pretending to be the police saying they have a warrant to arrest you.

Next if it is outside the statue of limitation (unless you messed that up by promising to pay them something) they can try to sue you but it is just throw out of court since it is not collectible past the statue of limitation.

And yes, basically tell them to take a walk, send them a certified letter not to contact you again further on this debt. They they can either try to sue you, which if it is past the time frame they can't) or they just take the lost.

These companies buy old loans that are already charged off for a few cents on the dollar. A 6000 debt was probably bought for 50 or 60 dollars since it was not collectible any longer, but they play the odds, lie and cheat and find some uneducated who sometimes pays, they get enough and make a lot of money.

This is just my opinoin, but the main rule if you don't do anything else, never ever talk to them on the phone, hang up before they say hi, and never say yes, never agree that you even owe the money make them prove any and everything.

[dailacres]

What if they try to say I promised to pay them something, since I already know they lie will they try to pull a fast one? I just do not trust these people know that I know what they are capable of...