Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
No. I'm not doing bankruptcy. I'm settling debt. If you want to pass it to someone else, I can wait until tomorrow.
A. What is cosequence of waiting to settle w collection company vs original creditor?
B. Why would they send a letter threatening legal action in 10 days, when less than 90 days past due?
the last person i spoke to said they charge off after 180. i worked with their loss mitigation dept and they want 90 percent to settle.
right. citi stopped talking to me after 90 and sent it to their agent who settled right away. no extra fees. lump sum, yes.
i think this last creditor is playing games. they are calling my cell even though i sent a letter restricting to call only home phone.
As you've see, these collection folks are ruthless. However, if you have told them in
writing not to contact your cell and they continue, you can file a complaint under the FTC's Fair Debt Collection Practices Act (https://www.ftccomplaintassistant.gov/).
You never know - - the threat of a FTC complaint may be just the right thing to get your matter settled.
i already tried that in one of my written offers. i think i will wait until end of month to talk settling. maybe i should just send a letter and include my original stating i know my rights.
so this is just over 5,000. is it worth it for them to go to court when they know i offered 2,800 t settle/?
My experience with the 3 I settled with is that they never accept the offer you present and bump it up. This company has been firm at 90%. The representaive that told me 180 days to write off also said they would likely take 80% if I offered it. I started low at 20%. I plan to wait until after the 20th and offer 50% again then negotiate. They gave me an email address and I think I'll email them and send a copy of the letter I sent telling them to only call the home number.
My home number is XXXXX an internet number and I record voicemails to text on there. I had it forwarding through to my cell (my only real phone). I can tell on my cell phone records if it's not on the google voice inbound record and is on the cell record, but it's kind of complicated to use to sue. I changed it over today so only the google voice number shows up on my cell phone record when it comes through and since they are the last collector I won't get that many calls. I don't want to spook them into not talking to me. I also send the calls right to voice mail from their phone numbers. Can I sue them after I settle? I can keep these records and threaten to conter sue if they do decide to sue me.
They also sent me an email address for their loss mitigation dept. I think I'll send them an email with a low ball settlement letter to make sure it's a good address then send them copies of what I sent earlier with limits on how to contact me. Please advise me on the best way to confirm they recieve these instructions. Certified mail only certifies they recieved something from me, but email records are more detailed and I think easier to prove what was sent.
I took a loan from my 401k to settle debts. I want to get this done, rebuild my credit and try to get a HARP on my house before the end of the year to offset the tax burden. I'm also paying on my daughters student loans that I cosigned and that's how I got in trouble with my payments and it wrecked my credit. So I figured might as well settle now, since my credit was already wrecked. I have the abilty to get back on track once I get rid of my high payments. Sallie Mae won't negotiate so I'm stuck helping her for a while. If I can help her stay current for 2 years Sallie Mae will release the cosigner.
Thanks for your help.
The basis would be that they called me on my cell when I specifially restricted them to the other number. I was told you can sue for violating consumer credit regs.
I really appreciate your help. I did play that card last month. I sent a letter with a 20% offer and said that I knew they called when they should not have called (with dates and time). They rejected my offer and ignored the instructions too. I also spoke to the woman who called me on their recorded line and noted the date and said "...do not call my cell or work numbers; I sent a letter saying to only call the home phone that I gave you." I also recorded the same instructions when they called me on my home/google voice phone. It's the regular collections phone number that calls my cell not Loss Mitigation dept. In Ohio you can record a phone call without telling someone if its in Ohio. Key is in Ohio. I hit the record button as soon as they put me on hold or transfer so they don't hear the notification. They won't talk to me if they know are being recorded. I don't want to piss them off, so I do speak to them sometimes. The regular collections folks are the ones that did not get the instructions to only call the number I gave them. They get frustrated with getting voice mail then call my cell. (Got ya)
The letter I sent was a form letter that I used from a debt settlement website. 2settlemydebt.com (paid) It was a harship letter that limited their calls to the home/google voice phone number and cited the Fair Debt Collection Practices Act with a link to the government webpage.
As far as playing the FTC card, what do you think of me sending the loss mitigation the low ball offer again via email, and if they respond resend the hardship letter and the letter stating I have documentation that they violated FTC rulles.