http://woodmont.insidearm.com/fusetalk/forum/index.cfm?forumid=1 FuseTalk Basic Edition http://woodmont.insidearm.com/fusetalk/forum/messageview.cfm?catid=11&threadid=6705 2007-06-17T13:32:24 -05.00 picantel 1 http://woodmont.insidearm.com/fusetalk/forum/messageview.cfm?catid=11&threadid=6651 2007-05-25T08:26:19 -05.00 Moriah 5
Two different CAs, one who claims to be a law firm, are attempting to collect the same debt from my boyfriend.

Some background -- my boyfriend's ex-wife is wanted in two different states for fraud. When he pulled his CR for the first time since his divorce, he found all sorts of addresses and accounts that were not his. Some addresses were in states that he never lived in, nor was he aware that his ex-wife had ever lived in. However, there were also several derogatory accounts he didn't recognize. He filed a police report just in case and started disputing. They all came off his reports easily -- they were all hers.

The OC involved here was also reporting to his Transunion credit report -- but reporting a perfectly fine tradeline with no derogatory information. He didn't recognize it, but it wasn't negative, and was adding quite a bit of history to his TU file. He figured "Why look a gift tradeline in the mouth?" This account is from the same time period as the others, and the date of default (well over 7 years ago) the CAs claim is after their divorce. He says he doesn't think this is his at all but I have to admit, as much as I love him, that he's a little scatterbrained. It's been so long he might have forgotten, just like he tried to forget most of the things from that time period.

----------------

This isn't an issue of the first CA receiving a request for validation and passing the buck to another CA -- this genuinely seems to be a case where two are trying to collect the same debt. Oddly enough, CA#1 says the amount due is $400 less than the amount CA#2 is trying to collect.

I think we've decided what we're going to do for the time being -- protect his rights the best way possible by requesting timely validation, recording every phone call that they make to him, not call either CA ourselves from now on, and get them to produce documentation of if it's actually his or not -- then go from there.

What I want to know from you collectors is.... how will he be able to tell who actually has the right to collect, if it actually is his debt? With so much time having passed, it could have been sold several times, or the OC could actually still own it. If you had a debtor tell you that someone else was attempting to collect the debt you were assigned/owned, how would you handle it?

(BTW: we're not telling them to FOAD because it could be his debt, and regardless of if it is his or not, with all of the weirdness on his credit report they might have gotten a default judgement in another county or even another state. I don't want a FOAD to be taken as "Go ahead, garnish my bank account/paycheck, I could care less" if they obtained a judgement that we don't know about. Similarly, if they haven't sued yet, they might decide to attach their debt validation to a summons even if it's out of statute. In that case we're recording because we want every duck in a row if they violate any more than they already have [going into that would only make this longer] so he has the affirmative defense of SOL and counterclaims to go along with it. Thirdly.. if it is really his debt, and we determine who actually owns it and who should get the money, and that person is cooperative... he'd prefer to pay it, rather than act like his ex-wife has.)

Thanks for reading the long post. ]]> http://woodmont.insidearm.com/fusetalk/forum/messageview.cfm?catid=11&threadid=6608 2007-05-10T08:24:28 -05.00 repodon 6

thanks
donald roddy
north carolina
336*293*4123
we specialize in judgments and bank locates ]]> http://woodmont.insidearm.com/fusetalk/forum/messageview.cfm?catid=11&threadid=6579 2007-04-26T22:16:22 -05.00 Puzzled Consumer 4
I am going to first describe the current situation then walk you through our investigation, what we did, and what we didn't do.

Any helpful advice on what we should do next will be greatly appreciated! We really don't want to spend money to defend ourselves for something that we didn't even do! Thanks in advance!

Current Situation
My wife got served yesterday saying that she is being sued.

We contacted a couple of lawyers and they told us that although she claims that she not the owner, the collection agency believes that she is that person. Because a lawsuit has been filed, we will have to go to court and prove that she is innocent. On top of that, we will have pay $1500-$2500 for legal representation.

Let me first pause and say what a bunch of @#$%^&*()))_(*!!

We called the agency's law firm today and provided her social security number (last 4 digits), but it doesn't appear they believe us. However, we did speak to their account rep. and she confirmed on tape that my wife's social doesn't match the one that they have on record. And yes, I asked the account rep. for consent before I recorded.

I didn't get a chance to speak to their lawyer today.

History and Investigation
More than a year ago, we began receiving letters from a collection agency saying that my wife is delinquent in her credit payments.

We got the information from the collection agency and its law firm and discovered that the person who stole my wife's identity got our address and her name, but not her social security.

Furthermore, we got her credit reports and the credit card number they reported that she used is not on any of the 3 report. Also, her current credit score is slightly about 700.

What We Did (Prior to Today)
We contacted the agency again and told them that they have the wrong person and provided her social security number. At that time, we were told that "if it's not you, ignore it." After that, we received about 3 other letters and again, we called several times and each time we were told the same thing. Before today, the last time we contacted them was 3 months ago.

What We Didn't Do (Prior to Today)
Although the letters stated that if we want more information, we should submit a written request. We never did because they also stated that "please advise, if the information on record is incorrect", which we did. Moreover, we didn't think we needed to get information for other people's business.

In retrospect, maybe we should have submitted a written request, but for someone else's business?

We also did not report a ID theft because when this began more than a year ago, we checked my wife's credit reports and nothing was out of the ordinary. We did put a fraud alert on her credit report (and mine) and have been carefully monitoring the reports ever since ]]> http://woodmont.insidearm.com/fusetalk/forum/messageview.cfm?catid=11&threadid=6549 2007-04-09T11:25:44 -05.00 repodon 15
A freind of mine rents from this land lord with his girl friend but there is no lease signed by either party the land lord calls every month on the 30th of each month and says about picking up the rent that day tenant says he doesnt get paid on til the second of each month around 130 but land lord called tenants girlfriend at work which girl friend lives with boy friend at the same residence is this a violation of the fair debt collection act


Thanks inadvance
Donald roddy
North carolina
910*717*8005
We specialize in judgment enforcement and also we have our own data base set up for all to use to locate debtors and full ssn with bank locates dmv registration credit headers dmv driving history ucc filling secretary of state and a number of other listing of 30 different searchs all done glb compliance

[Let's take it easy on the all-caps, please. -- M.B.] ]]> http://woodmont.insidearm.com/fusetalk/forum/messageview.cfm?catid=11&threadid=6491 2007-03-21T09:00:13 -05.00 Dr Tax 21
Here are the facts:

1. I did purchase the products.
2. I paid for them through my bank's Bill Pay service within the 30 day terms. I also paid other invoices from that same store in that payment, so the payment amounts in my bank statement do not match the amount claimed. I make many purchases of thsi type and have several payments to that vendor each month.
3. The payment to the store was subtracted from my bank statement in a timely manner.
4. The store apparently misapplied the funds somewhere else.
5. I need the collector to provide me with the date of the invoice. That will reduce my searching for the bank debit to a 30-day span instead of a year or two (he does not give even the year of the charge, just the amount).
6. The store rejected the copy of the back statement I sent them showing payment because I redacted all data except the bank name and their payment. I did not then and do not now feel they have a right to know all my financial matters over a simple billing dispute.

Any suggestions from the pros on how to get this resolved? I paid the bill once and I will not pay it again.

BYW, the store lost a 25 year customer over this $75 dispute. ]]> http://woodmont.insidearm.com/fusetalk/forum/messageview.cfm?catid=11&threadid=6485 2007-03-19T15:19:10 -05.00 charliebaltimore 9
Or did I just learn a very expensive lesson to always keep your receipts? No, I dont have a copy of a contact (if I signed one, I remember sigining docs when it was delivered (ya those gone too) not sure if it was a contract, assuming it probably was of some sort) ]]> http://woodmont.insidearm.com/fusetalk/forum/messageview.cfm?catid=11&threadid=6471 2007-03-16T07:28:52 -05.00 Trouble 12 Here are the facts:

Law firm agency serves defaulted credit card lawsuit by certified mail (as allowed by law in this case) to the marital residence in 2002 naming the Mr. and the Mrs. as Defendants.

The Mrs. had moved out of the marital residence to a different state more than a year earlier, divorced the ex, but ex-Mr. never advises her of the lawsuit, does not answer the suit, and default judgment is rendered and recorded against both.

The Mrs., having a long standing relationship and continued business (and accounts) with Plaintiff bank, changes her address with Plaintiff bank in 2001, but is never notified of default, and no demand is ever made on her whatsoever.

Plaintiff cannot produce a copy where the ex-Mrs. signs as co-signer on the credit card account. It is the belief of the ex-Mrs. that she never signed for this account.

Ex-Mr. finishes paying in full the judgment through wage garnishment in 2004.

Lawsuit has now been verified as being filed in wrong county against both in 2002.

The Mrs. finds out in 2006 that this item appears on her credit report. She disputes with the bureau, but the item is confirmed by the court. The law firm agency denies any wrongdoing, and states they cannot require the court to remove the entry. The court refuses to remove the entry stating they cannot do so once judgment is recorded, satisfied, and recorded as satisfied (which has been done).

Had ex-Mrs. known of the lawsuit filing, she would have answered and defended, but at the very minimum, she could have brought an action against attorney agency under §811 (a)(2). FDCPA action statute has now expired as the action against her was filed in 2002.


Here is all she really wants:

Aside from the technical damages, she does have provable damages that could be shown fairly easy. This has mainly just been a monumental pain in the arse, but all she really wants is to have the item expunged from her credit reports.

So there you go Aces, WWCD?

T

PS - (Before you go there, the bank and the attorney agency have been no help whatsoever. We believe they are thinking that if they do anything, the SOL window will reopen.)

And Sheriff Mike, I'm a consumer too....this part of the board is almost dead...put this out there, and let's see if collectors can really help a consumer conundrum.


]]> http://woodmont.insidearm.com/fusetalk/forum/messageview.cfm?catid=11&threadid=6439 2007-03-06T22:33:27 -05.00 Cur N See 3 http://woodmont.insidearm.com/fusetalk/forum/messageview.cfm?catid=11&threadid=6401 2007-02-24T09:03:52 -05.00 trippd 3
A couple of months ago, some debt collection company started calling my house every day asking for some woman named Paulina. I've had my phone number since May 2004. I Googled the name and number they left on voice mail to find out it was a debt collector. I called them twice and told them they had the wrong number and the calls stopped. No problem.

Now fast-forward to today: Someone new is calling and they act like it's personal, but they always ask for this same woman Paulina. But it's someone different every time and they are calling once an hour!! And they are quite hostile and will not stop. I'm going to contact the phone company about harrassment. But what are my options?

The people from the other debt company were at least polite and stopped when they realized they had the wrong number, but these folks are real "jerks." I guess the first company sold it.

[Watch your language. -- M.B.] ]]>