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disputing debt

Date: Mon, 05/30/2005 - 20:55

Submitted by anonymous
on Mon, 05/30/2005 - 20:55

Posts: 202330 Credits: [Donate]

Total Replies: 10

disputing debt


Recently a 2nd party debt collector (lawyer) contacted me about a bounced check from April 2000. They bought the debt from a company who bought it from the bank trying to collect the money and fees. The agency says I currently owe $150 and could owe up to $1000 or more if I wait too long. I do not know whether I actually owe this debt. I continued service with this bank for another three years after the incident and don't remember having a problem. According to my old bank it will cost me $300 just to find the old records to discover if I paid the bank after they sent the claim to the agency. In addition, apparently the debt collector sent their notice to an old address and since I never recieved it I have only one day left of my 30 day notice before I incur additional charges. I don't know if I can legally dispute this debt without creating more charges and a mess or what type of SOL it would fall under. What can I do?


Hi C

Welcome to the forums. As per your post, your first choice at this point should be to contact the concerned bank, explain your problem of working with the CA and request that you would like to work with them instead.

It is nice to know that you want to take responsibility of your debt. But, you also need to make sure that you actually hold responsibility of what you really owe and not some nebulous amount deemed "fair" by a CA who is breaking laws.

Also, you can ask them to validate the debt. It is actually a request to prove of what you owe.

What do they need to provide as debt validation?
[list=1]

  • Proof that the collection company owns the debt/or has been assigned the debt. (Is The CA legally entitled to collect this particular debt from you.) This is basic contract law.

  • Complete payment history, starting with the original creditor. (You need to have proof of your payment history with the OC, what the amount of the debt was when The OC assigned the debt to the CA, and what fees/interest the CA has tacked on to this debt and how thhe determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..

  • Copy of the original signed loan agreement or credit card application. (Your contract with the OC establishing the debt between you.) This is also basic contract law.


    Please take these necessary steps to know their move and keep us informed.

    Regards
    Roxette


  • lrhall41

    Submitted by roxette on Tue, 05/31/2005 - 11:54

    ( Posts: 4009 | Credits: )


    Is there any way to dispute legally charges that my home mortgage company has placed onto my account. We own a mobile home and I was considering paying off the remaining loan and when I requested a payoff I was informed that there are several charges/amounts that have been placed onto the account, one is listed as negative escrow and the other as an accts recvbl. When I have inquired further about these amounts and requested documentation to support the charges I have been unable to get the mortgage company to provide anything and they simply just send me a letter stating the amounts and Accts Recvbl and Negative Escrow beside them. If I owe the amounts for something than that is fine, but I want to be provided proof/documentation for what the charges are for such as an insurance binder or something to support their claim. My home loan principal home loan is almost paid off and I am trying to find out if I haven't recieved any documentation supporting these charges that are over and above the principal, can the mortgage company initiate forclosure if I do not pay them until the provide me documentation. Up to this point, I have sent them two letters requesting documentation from them to support the charges...do I need to instead send them a letter stating I disupte the charges and will that legally protect me until the issue of the validity of the charges is confirmed? I don't want to pay these charges until I have documentation stating exactly what they are for, what dates, etc but I also don't want them to try to forclose on my home after I have paid off the full loan principal over this.


    lrhall41

    Submitted by anonymous on Sat, 03/31/2007 - 19:34

    ( Posts: 202330 | Credits: )


    Well it seems that this person has already sent them TWO letters:

    I have sent them two letters requesting documentation from them to support the charges

    Why would you advise them to send another letter out, it seems that they aren't getting anywhere with these so called great debt verfication letters that you all seem to push


    lrhall41

    Submitted by anonymous on Sun, 04/01/2007 - 05:22

    ( Posts: 202330 | Credits: )


    AF,
    The more evidence a person lays out,the more leverage said person will have to get what their desired outcome.The letter I gave her is a standard debt verificaton letter when a person has a credit report dispute. Since original creditor do not fall under fdcpa and OP has not mentioned any errors in Credit report,the only way I see to help is to continue to gather evidence. If creditor is not moved by the continued evidence,the next step would be a complaint with attorney general of OP's residence.


    lrhall41

    Submitted by cajunbulldog on Sun, 04/01/2007 - 05:35

    ( Posts: 4850 | Credits: )


    Cajun what are you qualifications for advising this person in regards to their mortgage, do you have credentials to back up your advice. It seems many of you all come here as if you were experts. If you all want to give sound advice, then advise this person to contact an attorney or the free legal aid society. Those people are qualified to offer legal advice. I suspect that you all and your great advice caper here on this website have probably gotten people into more trouble than need be.


    lrhall41

    Submitted by anonymous on Sun, 04/01/2007 - 06:24

    ( Posts: 202330 | Credits: )


    Oh boy here we go. A person who comes on here as a guest who only wants to cause trouble.

    I believe, and Cajun correct me if I am wrong, that Cajun once worked for a credit or loan company. Besides, if you have been through the situation or know someone who has, you might be able to give better advice.

    Everyone here gives good advice and tries to help each other out so that other people won't go through the troubles we have gone through. And yes, they recommend legal aid because they may also need to seek an attorney for advice. We are just a website trying to help people we are not attorneys.

    So lay off, okay?


    lrhall41

    Submitted by Alexandra on Sun, 04/01/2007 - 06:39

    ( Posts: 544 | Credits: )


    Alexandra,
    I do not have experience in finance,my background is in technical& engineering field. You are correct in stating he is trying to cause trouble. My skills I use here is from all the legal books I am continuing to read on the process and procedures in relation to credit,finance,and collection.

    Guest,
    As Alexandra has stated,we do not proclaim to be experts in our board.We are here simply to assist others in trouble with their finances. If you wish to help on our board,you are more than welcome.My experience in Mortgages comes from being involved in one for my home,and 3 for investment purposes.Since you have reminded me of my denseness,I can add to my help to ask op to go to www.ftc.gov. Click on consumer,click on credit,and then click on rules and acts. I believe the Truth in Lending act will help you in resolving your conflict with your mortgage company.


    lrhall41

    Submitted by cajunbulldog on Sun, 04/01/2007 - 06:50

    ( Posts: 4850 | Credits: )


    I apologize about that Cajun.

    But yes, he appears to be causing trouble and has a gripe with all of us, not just you.

    If anything C, these ladies and gentlemen on this board, including Cajun, have been helping me out alot. Because of them, I was able to pay off four payday loans. One I paid off last year and three more I paid off this year. In fact, I paid two of them off last month. So we all know what we are talking about.


    lrhall41

    Submitted by Alexandra on Sun, 04/01/2007 - 07:04

    ( Posts: 544 | Credits: )