Sued by Collection Agency or Debt Collector? Harassed by Collectors?
In today's economy many of us are struggling to make ends meet. Many people are finding themselves in debt, and sometimes third-party debt ...
What happens to a debt incurred overseas?
I am based in the uk and am a uk citizen. I incurred a debt in usa [timeshare] - will the debt collection agency take me to court here? Will they send bailiffs? Will a uk court order me to pay? I have explained to the timeshare company my financial situation; I have never used the timeshare and hoped they might just sell it on - no such luck!
If they do business in UK chances are they have a local UK office or at least local rep. ... so they MIGHT pass it on to a UK Debt Recovery Agency ..
Check the details of your contract very carefully ... it is possible it not enforceable in UK ...
But you should NOT ignore it .. I suggest your write disputing the contract eg. by claiming that the rep. lied to you .. look through any adverts / paperwork you got before you signed up - quite often they will say something like 'its easy to sell unused weeks so you never make a loss' or some other blatant lies that convinced you to buy.
NB. Usually the Timeshare owner (i.e. YOU) has to be the one to take action to 'sell it on' (again, often the Rep will say something like 'if you don't like it we will buy it back / sell it on for you so you can't make a loss' etc. .. )
Debt collection agency (Capital Management) refuses to stop calling me. What can I do?
This horrible company called "Capital Management Services, L.P." [http://www.cms-collect.com/] continually calls and tells me that I owe them some debt. It's incorrect and I tell them that.
They are very, very rude. So about 6 months ago I told them to stop calling me. But they keep calling. Different people (all with strong Indian accents, yet amazingly American names like Sally and Bob) call each time. I always say, "I told you to stop calling me..." and they reply with some garbage like "I have never called you before. What is your name? You need to give me your name right now. Give me your name".
Obviously I refuse, and they say more rude comments and hang up. I have no luck when calling them and their phone is routed nowhere. The company appears to be in NY, USA! How is this legal??
My question is, how can I get this to stop permanently? I've seen many other reports too. I want to take action and get this stopped ASAP and hopefully get them in trouble as they deserve.
As someone mentioned, they have put some of those bogus debts on my credit report and haven't been able to get it removed (haven't tried too much, but I don't really know where to start).
The other problem I'm finding out is that with a fully-US based company, the employees must follow US guidelines and laws. But even though this company is based in the US, they obviously outsource all of their callcenter to India, which from every person I've talked to there has blatantly pushed in my face - they could care less about giving a real name, info, politeness, etc; as there's really nothing we can do.
I'm sure by law the company has to at least fake-log the calls, but judging from their attitudes (again, all fake names, how on earth do you track anything down?), they aren't worried even a tiny bit of any repercussions. They talk like they have a free ticket, which I am starting to realize, they almost do being out of the US. I'm really stuck :(
And one last note:
I had this problem with another collector a while back and did send the a cease and desist letter via certified mail. I got the return receipt and everything. They kept calling.
When I called and finally got through to some type of supervisor (who knows if it even was), they kept saying they never received it. When I said I have the receipt they put me on hold for like 20 minutes. Finally he came back and said they received an envelope from me that was empty, no letter was inside and they would keep calling me.
So even with a certified cease and desist letter, how do you "prove" that you really sent the letter inside of the envelope?? This is ridiculous, such loopholes. I can't take my letter to the post office and have someone watch me put the letter in the envelope and send it off, and have the mail person vow to come to court or something like that obviously. So how do you do this and take any and every loophole-joke out of the process?
Here's their website: http://www.cms-collect.com/CONTACTUS.HTML
Send a letter, certified, return receipt. Tell them to cease and desist calling you.
This company has a track record of putting bogus old debt on people's credit report. You may want to pull a copy of your credit and check.
Simply find a sieze & desist communications letter online, change it with your information, do not put your SS # on it, just make sure you add the phone number that they call you on.
Send it CERTIFIED MAIL, with return reciept, so when they recieve and sign for it, by law, they cannot call you unless to tell you that they recieved the letter, thats it.
Now if they do still call after you have confirmed that they recieved your letter, make sure you log every call after the fact, which you can take them to court and nail them for some $$$. read the FCRA, know your rights!
Some interesting reading for anyone risking or facing a lawsuit from debt buyers.
Read these collection attorneys' own statements. They know they can’t prevail in the absence of default judgments or summary judgments (where a person admits sufficient facts.) Fight them in court,, they’ll have to fold.
I’m posting this information because these debt buyers are making a mockery of the judicial system. Courts are supposed to settle legitimate disputes, not be a forum for 2 cents on the dollar stick-up artists with law degrees stealing 150% of your money. There is a reason these within SOL accounts sell for pennies on the dollar. There is NO documentation on these accounts.
“However, there are law firms that are cautious about buying debt and question the efficiency with which lawyers can collect on such paper. “We represent companies that buy debt, but it’s not as good a field as it might seem,” says Gerald S. Levy, director of operations at Wexler & Wexler in Chicago. He says debt buyers often don’t obtain enough background on the debtors, which makes collections more difficult. Substantial information is not in debtors’ files, Levy says, and if they dispute the debt, the law firm has to drop the claim.”
“Neil Spector, a partner in Tampa, Fla.-based Kass, Shuler, Solomon, Spector, Foyle & Singer PA (formerly Kass Hodges PA), agrees. “Purchased debt is typically older than that gotten directly from the original creditor, and documents are harder to get for litigation,” he says. Because the debt is older, address information on the debtor may be outdated, so skip tracing services must be employed, adding cost”
“Risky Business
Some collections law firms take a hands-off approach to purchased debt. “We refuse to represent people who purchase debt because there are significant risks beyond those for representing regular creditors,” says I. James Frankel, chief executive officer of Kramer & Frank PC in St. Louis. Some of the problems with serving purchased debt include lack of proper documentation, history of the claim, and personal knowledge of the creation and record keeping for the loan. “Sometimes,” he says, “you can make demands on debt that is already paid or the people are in bankruptcy, both violations of the Fair Debt Collection Practices Act.”
MPORTANT: Bill collectors are usually able to validate debts fairly quickly on delinquent accounts less than a few years old. However, as the debt ages it becomes harder to validate because the original creditor may have deleted some accounts or the records have been lost or misplaced due to the business being sold or it went out of business. Another reason is debts are sold on the junk debt circuit so many times, the original creditor information may have been lost along the way.
When collectors cannot validate a debt, they often sell the debt to another junk debt buyer. Because the FDCPA does not require collectors to tell you when they sell your account and the law prohibits collectors from sharing your information with other collectors, you can expect to be contacted by a different collection agency! When this happens, expect to dispute the debt all over again.
then write a certified letter like the following.....
Month Day, 2007
Dear _____________________:
This letter is being sent to you in response to a notice sent to me on Month Day, 2007
. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.
• Prove the Statute of Limitations/UCC has not expired on this account
• Show me that you are licensed to collect in my state.
• Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that your offices make no telephone contact to me at my residence or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Regards,
you can find out the company info by google the collections agency
and from this point on NEVER talk to them on the phone
get caller ID
and then get this
http://www.privacycorps.com/products/?id=20
it's kinda pricey but it works
but you have peace of mind and the calls will not ring thru anymore
keep in mind all debt collectors use automated phone dialers and will call you every day non stop until you contact them back
this merely cuts them off at the knees as once their number is entered ( i enter 800, and 888 prefix numbers as well as area codes to complete cut off outsiders ) and saved to the database the number no longer rings thru
keep in mind these debt collectors can also be shams, hence why you NEVER talk to them or confirm or deny who you are
EVER or any other information
some debt collector will make up a fake debt and harrass you for it in hope you pay to get them to shut up, even if it's a small amount, and once you pay they will haunt you for more
http://credit-and-loans.blogspot.com/
Does the U.K. have the same cut throat collection agencies as the USA?
I was just curious if the U.K. has the same cut-throat , deceiving practices followed by collection agencies here in the US , where they call you all the time, at work, at home during the night and they disguise themselves or wont tell you who they are until you tell them who you are, or the practice of coming in the middle of the night and taking your vehicle because you are late one time on a payment, or calling your relatives or family about you, or impersonation.?
It is big business over here debt collection, just wanted to see if it is the same way over there?
I have even heard that they will just take the money out of your bank account or paycheck!
Although most of these practices are illegal, unscrupulous debt collection agencies may well use them.
A creditor cannot arrest your wages or take any of your property without a court order. However, if you've bought something on a hire-purchase agreement and you default, they still own the goods and can recover them.
Often, an agency will not chase a debt to its conclusion; rather they will simply sell it on, so the alleged debtor gets passed from pillar to post. I say 'alleged' because there's no onus on the agency to prove the debt unless they go to court.
International Credit Card Debt Collection?
I have a situation where a USA credit recovery company has telephoned my wife saying that she owes a substantial amount of money on a UK credit card and they are going to start proceedings against her. I did not think that this type of debt (non commercial) could be collected from one contry to another like this. The debt was not in the States and to my way of thinking (right or wrong) the agreement between her and the credit card company was under UK credit law. Just because the debt collection agency have purchased the debt, that is surly their decision and the debt is still under UK law. Can anyone advise me on this? Any help would be much appreciated....
An useful article on Credit card. I hope it will help you now or later. You could find it here Apply for credit cards through the Internet – wise financial decision and the link of the article is http://www.jobfindcareer.com/Apply-for-credit-cards-through-the-Internet.htm
Best wishes. Cheers!
PS: Article source: http://www.jobfindcareer.com/
Collection Agency harassment?
I live in Tennessee (USA), was evicted from an apartment complex in 2002, was clearing up my credit report in 2006, and settled the debt with the agency listed on my report. I later got a consolidated report listing this debt with another agency and was told that the judgement would only be marked as paid if the courts got a letter from the original collector that the order was filed with. I contacted them and paid a visit to show my proof of payment. They told me what I paid for had nothing to do with what they were charging for. And of course, they didn't even look at my paid in full letter. The guy told me they charged me for the month's rent that I was evicted, the next month, and the attorney's fees. The more recent agency, they said, charged for renovating the apartment. They said I had ten days from then, yesterday (1.8.07), to call them back with arrangements, or they would reinstate the debt. On the most recent agencies paperwork, there IS a line item for a/r resident. Advice?
First of all read your lease. What does it say happens it case of eviction or other termination of the lease?
If you paid a court judgement based on the eviction, file the necessary paperwork showing it was paid with the clerk of the court. Then determine what the judgment covered.
You might have to back to the original documents filed when the lawsuit was started, but they should all be on record at the clerk's office. Somewhere there should be a list of all items on which the judgment was based.
Many states have what is called the "entire controversary" rule. This means that all claims one party has against another arising from the same event must be covered in one lawsuit. Those that were omitted are no longer legally valid. This might apply in your case.
I would suggest you contact a lawyer or Legal Aid. Bring all the paperwork you can find and let them review the matter.
It is against the law for a debt collector to illegaly threaten action that he knows is illegal. You might even be entitled to damages.
So go the legal route.
i will post more information about monday 15
Credit Card Debt Collections?
I have a credit card debt from when I lived in Australia. I used the credit card when I moved to the USA up and till August of 2005 when I stopped making payments. In March of 2006 my debt was sold to a debt collection agency. Since December of 2005 I have had no correspondence with anyone until now, from Credit Corp. They have threatened legal action against me if I don't pay the outstanding amount (Section 80, Notice of intention to Commence Legal Action) within 30 days.
I have lived in the USA since December of 2004. I am no longer a resident of Australia, what can they do to me since I live outside the country? They threatened a summons to court and potential seizure of my house here in the USA. I barely make ends meet now with a stay at home wife and 2 babies. Please help?
They already rejected an offer of $50 dollars a week. Which is more than I can afford anyway?
What should I do? I do not have $50000. The interest alone is $25 dollars a day, and has accrued interest of at least $25,000. Should I declare bankruptcy in Australia even though I no longer reside there? How would that work having a house overseas? Idea's on best possible solution to not end up homeless and broke with a family to support?
well Im not shure but you can make payment to them let say bill is $150. a month just pay them $1. etc just to slow down them harassing you it pisses them off when they get a money order for a $1. I have friends that done it and it works. just pay them what ever you can afford. it when you miss a payment for a month is what make them harass you.
declare bankrupty!!! is your bet bet.
How do get my credit card debt to zero?
I had left USA around 4 years back as I could not get a job(software). When I left I had credit card debt. Now i want to be back and normalize my debt. I currently dont have a job. I checked my credit report on the internet but confused with the terms. Its certain that collection agency must be trying to locate me. I cant figure out my current debt, thats when I left and now(including interest?). I need help in how to take the first step and how its going to affect my job-hunt.
If you get a copy of your credit report, it will show you how much you owe on your card(s). Depending on how long ago you defaulted, it may be better to *not* pay it off and just wait out the debt. Most debt will clear 7 years after the last reporting. I would recommend going to a site like http://www.truecredit.com, it should also help you with the terms.
What should I do with my abusive husband?
1- We are moving to USA in 2 months but we have no money even for ticket.
2. After I saw a counselor, she pointed it out to me that my husband is emotionally, financially, mentally and sexually abusive towards me. I'm not sure if she is right, I just know he is troubled, but I know I feel like crap all the time in his presence. I have planned to leave him when I am financially settled in USA, but I am scared if I can manage the separation well? I have a baby with him who is 15 months. I know he doesn't want to lose me, so it is going to be a very hard battle and I am not sure if I am strong enough to fight over child custody and child support and etc. He is very unpredictable and controlling and if I want to leave I am sure he is going to hurt me as much as he can. So I am worried and stressed over future plans. I am not gonna report him for abuse in USA, because I feel sorry for him, and feel very guilty if I do so. I prefer to handle it together, but I know he is not logical at all.
3- The one good thing is I have a PhD scholarship starting January in Genetics.
4. I am struggling to be a good mother to my baby girl. But I want to stop breastfeeding to start using diet pills in order to lose some weight but I don't seem to find the will power to stop breastfeeding. Although she is 15 months now, I feel so guilty to stop it.
5. I think my main problem is financial worries. I never spend money and only save. I am very good with financial management, but my husband wastes all the money, he recently got sacked and is looking for another job for the 2 months left. No matter how hard I tried during the past 3 years, I couldn't change him, he made £20,000 debt on my name, and we are behind all bills, so many debt collection agencies send us letters. He doesn't seem to understand money, when he gets his salary, it's all gone in 10 days. He spends it over crap and I end up with anxiety over unpaid bills. I couldn't work after my baby.
I used to be an intelligent, happy girl, I don't know how I ended up being so miserable and a loser with no will power after marriage. I know in the future everything will be OK but the present is killing me.
you need to be your old self again and i suggest you divorce your husband cause a girl deservers only the best and if your not happy then its time to move out of that abusive marriage and fine someone that will love and respect you.
What debts should I pay?
I am looking in to paying off some of my husband's debts with our savings. Should I? And if so, which ones? I can not pay them all but I am going to try to negotiate but I need to know which ones are the most important to take off.
Walmart
Chase/Circuit City
Sears
Washington Mutual
Citi
LNVN (Collection Agency)
USA Furniture
Cash in Advance
GMAC - Repo
Hunter Rentals
12 Ameriloan
Lions Run Rental
Just looking at the list, there does not appear to be a mortgage but there is a risk of repo by GMAC. That is the single special case.
For the rest:
If you can not pay all of your creditors, you should pay all of them in proportion to the amount owed, just as you would if you entered bankruptcy.
You should address them all with your repayment plan and get agreement. You should be able to negotiate an end to interest charged, since they all know that if you were to go bankrupt they would get no interest.
You should not settle with one and leave other creditors unpaid. Nor should you attempt to make partial payments without getting agreement to accept that payment plan.
If you urgently need to get further credit from one of your creditors, or stand to lose substantially in default, (I am thinking about your insurance) you will need to make an exception, and keep payments up to date as part of your payment plan.
Do not promise to repay more or faster than you can do.
Remember that all creditors must agree to a fair payment plan or they can put you into bankruptcy
My only relaxation time is masturbation????
Can you give me an advice?
1- My brother had a final warning on his degree project deadline but he wastes a lot of time with his girlfriend and I am worried for him.
2- We are moving to USA and have no money at all even for ticket. My sweet uncle is giving us temporary accommodation but his 2 dogs are scary.
3- Before going to US, in 2 months, we are going to spend 1 month in Germany with my in-laws who I don't really get on well because my sister in law is such a bully.
4- The one good thing is I have a PhD scholarship starting January in Genetics, but I got my M.Sc 7 years ago and I am very out of date with my course, so I am struggling to educate myself before my course starts.
5- My husband used to be abusive, hasn't been for the last month though, and I am planning on leaving him when I am financially settled in US, so I am worried and stressed on the future and if I can manage this separation.
6- I have a baby of 1.5 years old, and I am struggling to be a good mother to her. But I want to stop breastfeeding to start using diet pills in order to lose some weight but I don't seem to find the will power to diet!
I think my main problem is financial worries, my husband wants to borrow some money from a family member in Germany, that's why we are going there first, but it's not guaranteed, I am worried what if he doesn't borrow us money!
I was an intelligent, happy girl, I don't know how I ended up being so miserable and a loser with no will power after marriage. I know in the future everything will be OK but the present is killing me.
Can you give me some advice please?
* 18 minutes ago
* - 3 days left to answer.
Financial wise, I never spend money and only save. I am very good with financial management, but my husband wastes all the money, he recently got sacked and is looking for another job for the 1 month left. No matter how hard I tried during the past 3 years, I couldn't change him, he made £20,000 debt on my name, and we are behind all bills, so many debt collection agencies, and his salary is all gone, he spent it all. I couldn't work after my baby.
Wow, I'm sorry to hear about all that.
You got a good head on your shoulders, you should be glad. If you have been saving money, that is great.
I suggest leaving your husband because you should never be abused, especially if you have a little baby. Waiting until you can support yourself financially before you leave him is a smart move. But yes, he seems to be dragging you down with him. You don't deserve that. he seems to be the reason you have no willpower.
As for your education, that will get you far in the U.S, so don't worry. Focus on your schooling and keeping up with getting your degree, and then once you get to the States it won't be hard to support yourself and your baby. A lot of companies in the United States are increasingly creating programs for single parents.
I'd definitely say you're a smart person. You have a baby who seem to have raised really well despite all these circumstances, you have a PhD in genetics, and you know how to manage money. I think you'll be fine. Just keep studying in Germany as you get ready for your course.
Also, when you get to the states, if you leave your husband, I'm sure your family will be there to help support you. Just try focusing on one thing at a time, though. Right now, just focus on your daughter and school. Do whatever it takes to be able to raise your child and go to school, whether that involves leaving your husband or not, for now. Don't worry about where you'll be living, because that won't matter if you fail to be there for you daughter and help yourself. Don't worry about that other stuff until you have enough money saved.
Alright, I hoped that helped. Good luck with everything!
- Mike.
agency collection debt usa - News
|
Americans Pulled Back Spending Before Economic Crisis - ACA International Americans Pulled Back Spending Before Economic Crisis International collections; debt solutions; immigration law solutions; trademarks and patents. Collection agency members provide a variety of accounts New Credit Card Rules Approved |
|
Bankrupt and Banned - Washington Post Bankrupt and Banned He said he is making regular payments, including $100 last month, to a collection agency. Eaker, who works as a desk clerk at a storage facility and as a |
Bad Time For Some, Others Cash In - The Moscow Times
The Moscow TimesBad Time For Some, Others Cash In "Next year will be a golden year for credit agencies," he said. "We've seen a huge jump in corporate debt collection, especially from European clients
|
|
Consumer Debt Disputes Rising - Statesboro Business News Consumer Debt Disputes Rising She got an attorney, who promptly filed a federal lawsuit against the collection agency for alleged violations of the federal Fair Debt Collection Practices Prohibited practices |
|
10KSB: ISA INTERNATIONALE INC The Company currently utilizes outside collection agencies for the collection of the distressed debt receivables and utilizes one law firm on a contingency |
