Another creditor question...

[aleutsi]

So we're trying to pay off debt and that involves dealing with creditors. I came home today and found a note taped to my door. I called the number to see who it was and it was a lawyer's office in Sacramento Ca wanting to collect a debt. I want to know how Gulie got to my door to leave a note on it at 4:50pm if she's in Sacramento.

I talked with them, because I want to pay off my debt. They gave me the name of who they bought the debt from, it didn't register so I got the original account number (that I'm going to cross check with what info I have on file here). I don't pay things over the phone - when I told them I that I didn't do that and that the reason was that we had been scammed, they snickered at me and said "I guess I can see how that might be traumatizing.. let me see what we can do here"... I had to promise to send 4 post dated checks via priority mail by tomorrow and call them back tomorrow to give them the priority mail confirmation number.

This all just sounds shady to me in hindsight and I'm not feeling comfortable with this now... but maybe I am just being paranoid. Do debt collectors work like this for real? Or do I have reason to be paranoid?

I really want to pay off our debt and get our credit back in order.. but I don't want to be taken advantage of.

[ADDled]

So we're trying to pay off debt and that involves dealing with creditors. I came home today and found a note taped to my door. I called the number to see who it was and it was a lawyer's office in Sacramento Ca wanting to collect a debt. I want to know how Gulie got to my door to leave a note on it at 4:50pm if she's in Sacramento.

I talked with them, because I want to pay off my debt. They gave me the name of who they bought the debt from, it didn't register so I got the original account number (that I'm going to cross check with what info I have on file here). I don't pay things over the phone - when I told them I that I didn't do that and that the reason was that we had been scammed, they snickered at me and said "I guess I can see how that might be traumatizing.. let me see what we can do here"... I had to promise to send 4 post dated checks via priority mail by tomorrow and call them back tomorrow to give them the priority mail confirmation number.

This all just sounds shady to me in hindsight and I'm not feeling comfortable with this now... but maybe I am just being paranoid. Do debt collectors work like this for real? Or do I have reason to be paranoid?

I really want to pay off our debt and get our credit back in order.. but I don't want to be taken advantage of.
I absolutely would not send any checks via priority mail to anyone if I was not darn certain who they were. If it sounds at all shady, it probably is!

And - a check is not legal if it's postdated, technically. You have to date the check the same day you sign the name. I know people take them all the time, people do it, and nobody thinks twice. BUT - watch out because banks will cash that check without even looking at the date on it, sometimes.


I personally usually pay off the original company, even if they've sold the debt. But sometimes you just can't that, I know. If I HAD to pay the collection agency, I would insist that they send you the information regarding the original debt, and the proof that it now belongs to them to collect. There are some good letters at creditboards that basically tell them that, pursuant to law, you are requesting that they 1. contact you only in writing via regular U.S. mail (stop coming to your house or calling) and 2. provide you with all the pertinent information in writing, including the original terms of the debt.

It's going to be much easier to deal with paying off these people if you STOP talking to them on the phone, period. Why? Because you don't need to be snickered at and talked down to, first of all. It sucks your energy and makes you feel terrible, if you're like me, it makes my fibro act up with the emotional stress of it. But secondly, because you have to have a paper trail. It has been known to happen - you pay off a debt and they apply it wrong or "lose" it and they still report it as owing, and even with a cancelled check it's very hard to prove you paid it.

Any time someone comes to see you or calls you, ask them for their mailing address (if they won't give it to you, don't argue with them). Then tell them you want them to stop calling you and send you everything in writing. Then hang up, don't listen to more. Don't explain yourself, don't ask questions about the debt, nothing. Just "what's your mailing address" and "don't call me anymore - send it in the mail."

Then, you can correspond with them via mail, and you'll have a paper trail. Keep copies of everything you send them. If you need to make payment arrangements, write what you can pay and send it with your first payment, again copying everything including the check. Indicate in the letter that by cashing the check they're agreeing to your payment arrangement and will cease collection activity as long as you continue the payment arrangement. If they cash the check, print that off your bank's website. Keep a manila folder for every debt and make a note of every call, every letter, copies of everything.

Basically, you get nowhere by talking to them on the phone, and it just makes you feel bad and leaves you legally unprotected against their shenanigans, so just stop talking to them.

See the creditboards for more info when you have time.

(((Annie)))

[Schmirlies]

Nope - don't send the checks.

Are you saying that you don't even know who the original creditor is or if it really is yours?

First, send them requesting validation that they are authorized by the original creditor to collect on the debt. Without that, I wouldn't pay them anything.

Here is an example letter. (http://www.credit-repair-forums.com/thread976.html)

Don't ever send post-dated checks. Most tellers don't even look at the date on the check and the junk debt buyer (who you are paying) will try to deposit the checks.

If at all possible, try to pay the money you owe to the original creditor, not the debt buyer. I completely understand the need to pay off the debt and not skirt it. I did the same -- but in most cases, I was able to negotiate with the original creditor and pay them instead of the junk debt buyer or collection agency that was trying to collect. They bought the debt for $.10 on the dollar and are collecting for 100%.

Sometimes, though, in my experience it is necessary to pay the collection agency and in that case, never give them post dated checks. Ask them for monthly statements that you will pay.

Don't let them bully you. They know you want to do the right thing so they will take advantage of that!

[Schmirlies]

I absolutely would not send any checks via priority mail to anyone if I was not darn certain who they were. If it sounds at all shady, it probably is!(((Annie)))

I should have waited and just said "ditto." :wave:

[aleutsi]

I absolutely would not send any checks via priority mail to anyone if I was not darn certain who they were. If it sounds at all shady, it probably is!

See the creditboards for more info when you have time.

(((Annie)))

Thanks, I've found some great examples of validation letters to send to them, but I'm worried that my saying over the phone that I'd send them the checks made it a valid debt. ?

:3eyes:

[ADDled]

Thanks, I've found some great examples of validation letters to send to them, but I'm worried that my saying over the phone that I'd send them the checks made it a valid debt. ?

:3eyes:
I'm not a lawyer, Annie, but I can't imagine that'd be right! I mean, they could badger someone into saying just about anything over the phone - I can't imagine the current laws would say they could claim it's valid because you said you'd pay! I hope not, anyway!

They just keep talking at you so you can't even THINK straight to get you to agree to stuff. That's why, better to just not talk to them at all. By law, if you say you want to communicate only in writing, they have to stop calling you, is my understanding anyway.

[collier]

Thanks, I've found some great examples of validation letters to send to them, but I'm worried that my saying over the phone that I'd send them the checks made it a valid debt. ?

:3eyes:

No. It is pure intimidation. I would be screening my calls. I agree with the advice Amy gave you. Please, please, please do not send these people money. Please do not send them post-dated checks.

Have you considered doing debt consolidation? I might give you the piece of mind you need to move past this.

Best! and ((((((hugs))))))

[collier]

By law, if you say you want to communicate only in writing, they have to stop calling you, is my understanding anyway.

I think this is right too. I don't know because it is not an area of the law that I am well versed in, but I do believe this is true.

You are such a sweet person. I am sure it is hard for you to be mean to these people. But, they are totally taking advantage of you. Please stop answering the phone.

Best!

[gfrach]

Hugs, Annie!! What pieces of shit they are!!!! :-( It sounds like you got some excellent advice. I would definitely not send them ANY money without paper proof in your hands that they own the debt.

[aleutsi]

No. It is pure intimidation. I would be screening my calls. I agree with the advice Amy gave you. Please, please, please do not send these people money. Please do not send them post-dated checks.

Have you considered doing debt consolidation? I might give you the piece of mind you need to move past this.

Best! and ((((((hugs))))))

I've considered that, but I'm not sure what dh thinks of it. Everything is so whirlwind crazy with me trying to do everything (homeschool, activities, household stuff, ect) and him being out of town... it's hard to have a good conversation with him over the phone. But it would make things simpler if we had just one bill to pay..

[Tracy]

I would NOT send those checks. I still can't eblieve that they came to your door! Whoa! (nt)

[Ali]

This all just sounds shady to me in hindsight and I'm not feeling comfortable with this now... but maybe I am just being paranoid. Do debt collectors work like this for real? Or do I have reason to be paranoid?

I really want to pay off our debt and get our credit back in order.. but I don't want to be taken advantage of.

IA with everyone else -- DO NOT send post dated checks! I would also fire the debt collectors, that is your right to do so. If they could not tell you who the original debt was from, that in itself sounds shady.

{{Annie}} It's their jobs to be asses, don't take it personally.

[collier]

I've considered that, but I'm not sure what dh thinks of it. Everything is so whirlwind crazy with me trying to do everything (homeschool, activities, household stuff, ect) and him being out of town... it's hard to have a good conversation with him over the phone. But it would make things simpler if we had just one bill to pay..

It would also allow someone else to share the burden of dealing with this. From these posts I think it appear that things are at a point for you that you need help in taking care of this (rightfully so! I must be beyond stressful!) and credit counseling would give you that.

Best!

[Tracy]

Annie,

I saw this article on CNN's website today and thought of you

http://www.cnn.com/2008/LIVING/personal/02/29/rogue.debt.collectors/index.html?iref=mpstoryview

[Annamarie]

ALWAYS ALWAYS ALWAYS require proof that they own the bill! I can't stress this enough. They need to mail you proof or you require them to never contact you by any means again.

[Annamarie]

as far as you validating it by saying you would send checks...my memory of what we went through is that you have validated it legally only if you have made a payment. That isn't to say that you don't owe it. If the statute of limitations has run out (3 years in my state) it is re-validated by making a payment. If no payment has been made in that time, they can't legally do anything to you. (in NC)