Standards of Rights

Submitted by butterflyemail09 on Tue, 12/29/2009 - 05:07
Forums

Hello All, I am new here and need your upmost and proven expertise of information. I am a debtor, and I am seeking some advice to standards that we should have to follow. From when, you get those letters in the mail. Demanding what you don' t really have! Because if you did, you wouldn't have the debt in the first places!
Could someone tell me what I need to do because I received two letters in the mail from one agency and the other an attorney's office representing the debt collectors. One doesn't even actually state what credit card it was, just that it was from Retailer's National Bank. Who managed many merchants, a time ago. I have to move quick on this, but I don't want to right an offensive DV letter. Why? So much hardball going on with these "desperate for a dollar people"!!! I am in Ohio, and I don't want to trigger a summon for a judgement b/c after reading some of this stuff. It seems like that is what happens. So what do I need to do?????? Hopefully, this will set the groundwork to help another as they gather information to handle this. BTW, which is better, DV or call Credit Bureau to investigate, or both? thank you

Hi butterflyemail09

However annoying it may sound, but the truth is that if you have borrowed the money, you have to pay it. It is not your money after all and the creditors will surely pursue you for what is theirs. From what you have mentioned here, it seems you are not sure about the debt they are trying to collect from you. Have you checked your credit report? Do these debts reflect on your report? Take a look and if there is any doubt then even if you don't want to, sending a DV letter is the wisest thing to do. Let me know more details so that I can offer as much help as possible.

Tue, 12/29/2009 - 06:09 Permalink

Hello Butterfly,

I do understand what you are going through but Carol is correct. As much as we hate not having the money to pay these people if you do owe the debt you need to make some type of repayment plan. If this debt is not past the SOL then they can sue you in court. What you need to do at this point is try to make some type of arrangement. BUT first thing is first..the DV letter must be sent so that you can be sure they have the right to collect the debt, especially if it weas sold off. Can you give us a little more information on the date of the debts so that we may help.

Tue, 12/29/2009 - 13:56 Permalink

How old is the debt? I would give them a call and see if there is something that can be worked out. It will go much smoother. If it is the original creditor then you still have time to work it out where you can have it not affect your credit as badly. The original creditor has the power to go on and make changes to the credit report where once it goes to a collection agency it is too late.

I hope this post is clear, if you have time to clear it up now and it is with the original creditor then I would take the opportunity to save my credit. Up to you though.

Tue, 12/29/2009 - 16:11 Permalink

Good advice. Here is another good point. Once a debt is sold then the charges really seem to start getting added on and quickly. Seems like a debt that was written off for $500 turns into one four times that amount..getting to $2000 quickly. Original creditors will usually except a debt settlement too. They know that if they sell the debt they will not get much value from it and even though they can write it off I would imagine having the debt paid would do them more good.

Wed, 12/30/2009 - 16:57 Permalink

I received a letter, from a CA, on a debt that was almost 7 years old. At the time, I lived in a different place. It's scary that these CA's can 'follow' you whereever you go. I never even responded to the letter because the SOL has long expired.

Fri, 01/01/2010 - 12:12 Permalink

I have had the hardest time getting back into my account!

Anyways, @ sdchargers_63. I live in Ohio and some of these companies don't care about the SOL, it is all about the money
that is owed, and yes it is amazing how they follow you and single you out. If you have kids, they easily find you and use a people finder service for a small fee, or just to look at your credit report.

I am pulling my credit reports this weekend so I can work on my DV letters.

Wed, 01/06/2010 - 05:10 Permalink

It always amazes me how they can access som much information about you sometimes the electronic age is not so good for privacy. I guess if you let it be out there it is public record. I know on some of the sites you can go on and tell them not to display your information, like on google. :twisted:

Wed, 01/06/2010 - 18:43 Permalink

Butterfly. I would not think it would be the fifteen year SOL, the lwer one is more correct. I feel sorry you are dealing with midland. They got one of myold accounts and still never give up. It is well over seven years and even fell off my report. I wouls look under letters of credit to the side of youyr screen and use the sample debt validation letter that is there just insert your info. Some of these places will go away or sell the debt once you send validation. If they do not validate you could send out a CEASE AND DESIST.

Thu, 01/07/2010 - 03:18 Permalink

Yes Midland is a pain in the arm, they are very aggressive in their collection efforts. This bill is way past the statute of limitations, I would do as fireyone says and send the validation letter, if they do not respond with in thirty days send the cease and desist, send all correspondence via certified mail, return reciept requested so you have proof that they recieved it, otherwise they may ignore it. If these two things fail, then contact your state attorney generals office and let them handle them. Our attorney generals office is quite active in assisting pennsylvania residents when their rights are being violated.

be aware that if you pay one penny then you will start the statute of limitations all over no matter how old the debt so don't fall for this trap.

Thu, 01/07/2010 - 03:33 Permalink

Yep..I agree. How we are 'targeted' is pretty amazing. I'm about to move, again. THIS time I'm using a PO BOX for my mail. I don't know if that would 'slow' the pre-qualified offers, etc., down or not. The SOL has 'saved' me several times!!LOL

Thu, 01/07/2010 - 10:17 Permalink