from Allied Interstate for an Old Navy card I have that has about $1000. on it. They said the whole 30 day thing, but also said if I wanted the debt validated I must do so within 30 days. So does that mean if I DV them, they will produce the information. If so, then what do I do, I am trying to buy some time....Also where can I get a good DV letter....Thanks for any information....
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Google Debt Validation and you will find plenty of samples. Some need to be edited to keep it simple and to the point.
Send the letter certified with return receipt. Costs about $5.00Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
"One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth." -
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Filed: 4-30-2010
341 Complete: 6-16-2010
Discharged and Closed 8/17/2010
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I'd just C&D them. If they told you the name of the OC and how much you owed them they have DVed you. Just tell them to stop contacting you about the alleged debt. They will either send it back to the OC or sue you and if you are like me collection proof and over sixty-who cares.
C7LComment
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Amen to keeping it simple whether you DV them or C&D them.Originally posted by LimpDisc View Post
Some of the letters I have seen smack of over-kill. You don't need to justify your actions or spell out the consequences in advance quoting chapter and verse if they do violate your rights or fail to comply with your requests-they already know them and have either covered their bases or don't care if they are fined.
All the FDCPA requires you to do is to inform them you want the debt validated (if you're DVing) them or that you want them to stop communicating with you if you want them to stop calling you (if you're CDing). End of story.
One last thing about CDing them. It is an all or nothing endeavor. CD means stop communicating with me-period. Some sample letters I have seen on the net also includes the clause " but you can contact me in writing at the address..." CD means what it says-stop communicating and trying to collect this alleged debt and there are no other options for communication-i.e., in writing.
C7LComment
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Thanks everyone...
I am a little nervous about cd' ing them...I don't want to just make them sue me....I am not judgement proof! but if I send them a dv then that will buy me sometime (?) also, how long will they keep trying to collect this? before they take it to the next level. I cannot believe old navy...this is the little debt amount and stopping paying less than 3 months!!! and they have already sent it out...
Is there anything else I can do to stall this anymore...Comment
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Just don't answer the phone. They've got the account, now they're going to call you 15 times a day for the next few months. You've got time....Originally posted by rooster0330 View PostAll information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event.......Comment
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The better you can do convincing them you're an earnest debtor who has the desire and ultimate capacity to repay them, then (I believe) they're less likely to sue. Obviously this is a function of your ability to deal with high pressure phone calls as well as your thespian (acting) skills. I had too many cards, felt that I couldn't deal with the pressure, so did everything I could to not answer/DV/C&D them, so I got approx 9 lawsuits on my hands before I filed.
Of course it also matters how easy and inexpensive is it for them to file suit, how easy is the collections law in your state, etc.
I believe that there is some kind of feeling in the credit card industry that there are a lot of strategic defaulters out there who must be punished. You want to avoid looking like one of them.filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!Comment
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Even, if they sue you and winOriginally posted by rooster0330 View Post
it doesn't happen over night and in most states the most they can do is put a lien (doesn't mean you have to sell it just that you don't own clear title) on your property (in some states they can't even do that), attach your bank account (so deal in cash, pay bills with money orders and keep as little cash as necessary in the bank) or garnish your wages which in most states is a total for all judgments of 25%-(some states they can't garnish wages either.)
Also note: They can't touch public benefits including food stamps, HEAP, Unemployment, Social Security) and most retirement income. Here is a god link about wage garnishment: http://www.ineed2know.org/life/garnishment.htm
If you are low income you can file for an exemption and if you quit your job (like dead-beat dads often times do) and job hop then good luck getting a new wage attachment. All judgments are time-limited and in some states can not be renewed. Here is a good table you can review about that: http://www.bcsalliance.com/y_debt_sol_judgments.html.
Relax. Stay focused and remember do your homework and stay informed.
C7L
As catleg said if you can spin a good tale you can string them along. I have a feeling CAs though aren't as willing to buy a tale of woe as opposed to OCs.Comment
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I dont think that creditor is the worst there is to deal with.Discharged- pro se- chapter 7~!Comment
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PS- that collection agency seems to only have Indian people working it.
I once could not come to the phone because I was tending to my camel. The "awe" was priceless!!!! LOL.
Now I admit- I am me- once I know it is a collection call- I very quietly set the phone down and go about my happy carefree day! YeHAAAAAAAAA!Discharged- pro se- chapter 7~!Comment
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send them some money - that will confuse them for sure.Originally posted by rooster0330 View Post
and it will slow them down because they are so confused.Comment
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