Topic: Dealing with a Collection Agency

[samftla]

with the sample summons they are more than likely going to contact you to make a deal .. and if not .. file suite

Thank you, but have no idea what the original debt might have been or what the amount might be since they have never sent me a letter and have never been able to speak to anyone. Guess I will have to wing it.

[Quader]

Thank you, but have no idea what the original debt might have been or what the amount might be since they have never sent me a letter and have never been able to speak to anyone. Guess I will have to wing it.

have you checked your credit ?  .. it might not even be your debt ..those are even funner

[samftla]

Just an update, since the call on May 3rd they have placed 5 other calls to me up to May 7th, one of which actually rang more than one time and was able to pick up and it was an automated dialer call. By my count I have 7 violations to sue over. Sent off a Notice of Intent to Sue letter giving them 15 days to respond or that I would file suit. I also downloaded a complaint form from the US Southern District Court of Florida and completed that and enclosed with the letter. Sent this Certified as well so should be getting that green card back and the clock begins ticking down to see if they respond in the 15 days with an offer to settle. By the way a bait confused over what the violation would be for the calls where they let it ring once or twice and then disconnect. Simple harassment intending to inflict emotional injury? Or what? 

I also included screen shots from my cell phone detailing the date and times of their incoming calls. Also have the call log from my bill which details the one call I manage to pick up and connect to before they could disconnect.

Any suggestions or thoughts on how Northland Group will respond? Has anyone had experience with these jokers?

Thanks in advance Sam

[Quader]

I havn't delt with them .. but you should brush up on you TCPA .. they will claim they are excluded and you will have to show them that they are
Q

[Mischievous Smurfy]

By the way a bait confused over what the violation would be for the calls where they let it ring once or twice and then disconnect. Simple harassment intending to inflict emotional injury? Or what? 

FDCPA - 15 U.S.C. § 1692d

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.

[D]

Northland is a debt collector - I have had dealings with them - they should be covered under the C&D, VOD laws, etc.

Also as to this writing a letter to the OC becfore it goes to CA - how would this work with a run of the mill credit card (visa, mastercard, dept. store, etc.) I thought you could not VOD an OC? AS soon as you dispute it - they can usually validate it with all your bills, etc.
A bit confused on this one
D

[esdurham]

where can i get examples of your letters? where is the letters section? link?

[esdurham]

what happens if you dont get it in time before it goes to CA and you dont get any documentation from CA but they claim they sent it? DO you send OC a letter disputing the item ?  Or do you try and create a scenario that you never received the communication (and if they cannot prove it or show proof) then you have a case of them not sending and then you have a starting point for your DV letter?   Am i on the right track?

[Mischievous Smurfy]

Letters

[cbarnett97]

what happens if you dont get it in time before it goes to CA and you dont get any documentation from CA but they claim they sent it? DO you send OC a letter disputing the item ?  Or do you try and create a scenario that you never received the communication (and if they cannot prove it or show proof) then you have a case of them not sending and then you have a starting point for your DV letter?   Am i on the right track?

The FDCPA does not cover the OC, so they do not even have to say they sent it, they have no legal responsibility to send it. Also Smurfy is it just me or is you sig getting smaller and smaller?

[Mischievous Smurfy]

lol it made it smaller ... then the gods changed the board and it got even smaller.
the idea was to see if it could fit more in ... but you get the same number of characters no matter what size font you use

[mrbenz7]

I am in an even wierder situation. My partner took out an unsecured loan for $15,000.00 and made me an authorised user. When he declared a Chapter 7 and was granted a discharge, a letter arrived from HSBC addressed to XXXXX X XXXXXXXX followed by our address that the above loan was sold to Fortis Capitol Group and then this loan appeared on my credit report as a charge-off!  Now I'm fighting the CA as well as the OC about a loan that wasn't even a joint account, but is being listed as one now! And I'm mad as !  How can they get away with this ?

I just sent a VOD by CMRRR to the CA along with a copy of their letter with the date of the letter at the top, so I'm still within the 30 days even if it is the last day of the letter. I told them it was received 3 days later that the date of their letter.

Now I'm going go have to file a dispute with the original OC, but the account has been charged off so any suggestions are appreciated!

[Mischievous Smurfy]

they can't do this ... and case law that is dead on point supports that they can't....

I think its Johnson v. MBNA ... but that is from memory ... which has been known to fail me before.

MBNA got owned to the tune of almost $100k for that little game.

the only difference between Yours and the MBNA case is that it was a personal debt and a married/divorced couple vs. a business debt and partners.

the similarities are that Johnson was never a co-applicant/co-obligor, only an authorized user.  The ex-husband filed BK, at which point MBNA summarily decided that Johnson was obligated to pay the account.  Changed her status from AU to the obligated party and the only obligated party.

You just can't get much more on point than that.

[CleaningUp]

 
Johnson v MBNA  --  http://www.debtorboards.com/index.php/topic,4914.msg36089.html#msg36089

[qman09]

I was just served by the Sheriffs office that I owe a a Collection Agency call Midland.  I was sued by a law firm here in Alabama where I live.  The complaint/lawsuit claims that I owe this CA XXXX.XX amount of Money.  It does not mention anything else just that I owe them money.  I have 14 days to answer the complaint.  How do I respond?  Thanks in advance for any help.