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Collection Agency calls

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  • Collection Agency calls

    Long story - but will shorten it - and need advise.

    Had an RV motor home that I voluntarily repossessed back to the bank. Cause of course was loss of considerable part of my income. Was going to be our retirement - now that can't happen. Spent my life savings trying to pay it, and keep current, only to lose it when we ran out of cash.

    I have always paid my bills and never had anything sent to a collection agency before. I feel a deep sense of humiliation over this whole thing.

    The bank - in over a year, never has sent me anything resembling a statement showing what they sold it for and what I still owed on the original loan. I have asked in writing and have made several calls, but they won't give me any information, and as of yet, still no document showing what I owe.

    Get a call from a collection agency saying I owe them in excess of 49,000.

    I recorded my phone conversation after they started calling me at work. I asked them, on tape (and I told them I was recording) not to call at work, but to call me at my designated telephone number.

    I asked them to please send me a validation (not sure of the right wording) of the debt. They have my address and I have not gotten anything from them.

    Now, they call again (3 weeks since last conversation) saying it's "urgent" that I call them right away.

    How do I proceed?

    Need advise - as my guts are resolving with worry.

  • #2
    Welcome,

    What are your intentions for your future financial situation related to this debt? If you intend to file a bankruptcy and qualify for a Chapter 7, then this debt is probably a moot point.

    Do you owe the collection agency $49K+, or is that what the collection agency says you owe the bank?

    Send the CA a request for debt validation. All this means is the CA has to provide you with another letter stating they have been assigned to collect the debt, or something similar. The CA does not have to probide you with an overall accounting of the debt, or the reposession transactions leading up to the debt.

    I know from personal experience that if you have an automobile repossessed, the financial agency must provide you with a copy of all transactions related to the cost and sale of the vehicle that lead to the final deficiency, if any. I am not sure about RV's.

    If you have assets, bank accounts, etc., you should expect the holder of the deficiency to sue you in a circuit court. This does not mean you will be sued, but you should mentally be prepared for such a situation.

    You can send the CA a letter denying you owe the debt and requesting they provide you with validation of the debt pursuant to the FDCPA and the Oregon Revised Statutes. Keep your request simple.

    If you want them to discontinue calling you, then you can also state that all calls are inconvenient and they are not to call you or any other third party about the alleged debt.

    Is the CA a local collection firm? If so, then my experience is that they are more likely to sue. Local CA's are usually connected to local attorneys.

    In the meantime, you could send a letter to the bank requesting a complete accounting of the costs associated with the repossession and any deficiency that resulted from the action. Send the letter return-receipt using a green card. You can do this at the post office.

    I'm not an attorney, and I am only stating what I would do. If you are not going to be filing a bankruptcy, then you might look into speaking with an attorney.

    I would caution that you do not continue to throw any money at something you can no longer afford. As humiliated as you may currently feel, try to be proactive.

    Finally, what is your plan if you are sued? What do you have to lose, if you are sued? WIll a bankruptcy help protect what assets you have? You can determine your exemptions from seizure by googling "oregon debt exemptions."

    Best to you.

    Comment


    • #3
      Debt Validation

      "The CA does not have to probide you with an overall accounting of the debt, or the reposession transactions leading up to the debt."


      Sorry, but I beg to differ. Here is an excellent article written on a lawyer's website that completely handles the subject of validation:
      http://www.creditinfocenter.com/rebu...lidation.shtml

      Hope this helps

      Comment


      • #4
        If they're calling you at work, I would send them an email or fax of a cease and desist communications letter right away. If that doesn't stop them from calling you, then I would follow up with a cease and desist letter by certified mail.

        Then start preparing to file bankruptcy.

        And don't throw away any more money on this lost cause. Stop making any payments to them. Save that money for filing bankruptcy instead.
        The world's simplest C & D Letter:
        "I demand that you cease and desist from any communication with me."
        Notice that I never actually mention or acknowledge the debt in my letter.

        Comment


        • #5
          Hi there and welcome to the forum.

          STOP being humiliated! Don't let the bast***ds do that to you. So many of us are in this situation and more often than not it is NOT our fault. In fact, you might even want to change your name so that you won't continue to feel that way. Seriously!

          You are in the right place here. Keep reading and asking and answering and buck up. You will feel much more Empowered soon. In fact, I like that name if it's not taken yet!

          You have just begun your journey. Hang out with us and we'll walk with you on the way.

          Keep On Smilin'

          Comment


          • #6
            mlsj2009, I can only say that the FDCPA does not require all the information that is on the "legal" site you posted. There are plenty of FTC decisions related to what constitutes validation.

            You can request that information in discovery upon suit, but CA's are not required to provide all that information.

            I can only speak from six years of personal experience.

            There are a few states looking at the potential of adding statutes that require you are sent contracts, etc., but under federal law there is no such thing outside of the courtroom that I am aware of. Please provide me with the appropriate federal regulations, and I will pound sand.

            Decisions do seem to vary among federal jurisdictions, but there is plenty of evidence that there is very little required to satisfy the FDCpA definition of validation/verification. For experience related to his, you might visit debtorboards.com.

            Comment

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