Anyone ever been sued by a debt collection agency
Posted By: nonnie on 2009-01-02
In Reply to:
My husband and I have an account which we feel we don't owe. We cancelled it within the amount of time we thought we had to cancel, but were later told the contract for services was not cancellable (a vacation timeshare). The original amount was only $1,000.
Since that time, the timeshare company has sold our "debt" to a third party collection agency, Apelles. They call at all hours and even on weekends. Since I have caller ID, most of the time I don't even answer. This morning, however, they called at 8:45 and woke up my kids. I was a little annoyed, to say the least, and I'm just wondering: Does anyone have any personal experience with this company. I'm thinking about sending a Cease and Desist letter, but I'm worried that that will trigger them to take me to court. Has anyone ever been sued by Apelles? I would think our amount is too small to be worth their time and that they would just try to sell it to another agency. Any thoughts?
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Collection Agency Tactics??
Does anyone know who I should contact, or if I have anything to complain about regarding a collection agency out of Texas. I used to actually work for a collection agency 20+ years ago out of Florida, and we would NEVER have been able to say what these people have said to me via phone, let alone in a letter I just opened. Long story short, yes, I owe HSN $200+ for a computer I bought on a payment plan of $135 a month. Before I was done with payment #2, it broke, and thus began months and months of me sending this junk back and forth with Gateway. It was a lemon model, thus why it was offered for 5 payments on HSN. After I made payment #2 and Gateway had the computer for repairs more than we had it to use, I called HSN. In no uncertain words, the sales rep told me "you bought it, you deal with it". There were lots of reviews at this point on HSN and all buyers were furious, as it was junk. HSN quickly removed the computer and reviews. So, yes, I have been lax in paying it, but it didn't even last 2 months. At any rate, they throw me to a collection agency, who calls at least 15 times a day. I am sending them payments. I get a letter today that actually says they are going to "ASSEMBLE AN INVESTIGATIVE REPORT WHICY WILL OR MAY INCLUDE...INFORMATION AS TO MY CHARACTER AND GENERAL REPUTATION"... the caps and bold are their writing. It then goes on to say that I should send $$ immediately as they have "NO DESIRE TO CAUSE ME EMBARASSMENT"... Can they word things this way? I have never in all my life seen anything worded to this effect, as obviously, even though they use the word "may", it is a direct insinuation to scare me that they are going to ruin my reputation and are questioning my character, and threatening embarassment. Seriously, has anyone ever seen this before? I don't have a lot of experience with agencies, other than working for one decades ago, and hearing horror stories on TV shows about stuff like this, which I could not believe! Does anyone have any thoughts on who I could contact? I wonder if HSN knows this agency is saying personal stuff like this? I know companies just farm out their old debts to agencies. Again, its a tough one for me to swallow, as the computer never lasted even halfway thru their 5 easy payment plan, but I have recognized the debt and am paying, albeit at $50 every 2 weeks. But this insulting letter was just the icing on the cake for me. Do you think its legal?
Collection agency guy told me as long as make any
x
Do your homework on debt collection (sm)
laws also - you just may have yourself a $1000 piece of paper in your hand.
Have you requested validation of this debt? If not, I would do that right away. Send it certified mail, return receipt requested. Depending on the age of the debt, I would be very careful about sending the canned "do not contact me letter." If the debt is not that old, that can sometimes trigger them to sue. I bet if you send the "please provide me with full validation (not verification that you have my name, address and soc. sec#) of this alleged debt. Short and sweet.
She told me that it won't go to a collection
agency it is just there and it won't affect my credit. They are trying to squeaze it out of me. I just told H that if he ever goes there to pay anything make sure he looks at the date of service and tell them he is not responsible for anything in 1987. I still hate it that it is on my record.
Facility was so ticked with agency, no way you
x
Seems to me, agency so glad to hire out MT, just
x
Collection agencies rub me the wrong way.
I have never worked for one, but all I know is that my husband and I have had the same phone number for over 7 years. Neither him nor I have anything that has ever gone to collection. However, we have gotten many calls from collection agencies. Most of the time it is just a recording telling us that they are looking for so-and-so and to call this number immediately and blah blah blah. The person they are looking for is never anyone we know and so I don't know how our number is getting involved here. Generally, you call the number, tell them you aren't the person they are looking for, and they take you off of the list.
One collection agency, Premiere Credit, is harrassing us with phone calls. We get an automated message telling us that they are looking for someone at that number who has a contractural relationship with Premiere Credit and owes money. They never give who they are looking for and they tell us that if we are not that person (which we are not) to just ignore the message and not listen. Hello? How can I ignore the message when you are calling my phone and calling me repeatedly, mostly on the weekends. I have called the number they have given two times and told them that neither my husband or I owe them money and to stop calling. Yet the phone calls continue. My question is this....how do I get these harrassing phone calls to stop? We do not owe them money and yet this automated call keeps coming to our house.
My "boys" are 18 and 20, and I have a collection of things for them.
My oldest will be moving to off-campus housing next September. I've just collected practical things, mostly my old household items, and put them in boxes and Rubbermaid bins. These include my extra kitchen gadgets, pots and pans that I've replaced, sheets and towels, and even some furniture odds and ends that are stored in the attic. Of course, all of their "junk", old baseball cards, Little League trophies, etc. are also in the attic. I can't wait to do a thorough cleaning of all that stuff when they move. What they don't take, I'm donating or tossing! I can just feel the house rise up an inch or two from the foundation with all that weight gone from the attic!
Dear Collections Agency:
Have you heard of the recent economic crisis? I'm sorry I had to go to the ER without insurance, but honestly, your doc saw me for five minutes and couldn't even remember why. I think $750 for laying on a gurney for two hours is pretty unreasonable. I didn't go there to buy his next Corvette.
If you ever call me at 9:00 pm again while I'm finally having a good nights sleep, I will find you.
Also, just for that, you have now been rotated down to the bottom of the list of people I owe. Pity, you were next in line.
Thanks,
Broke MT
Dear Collections Agency:
Have you bothered to learn the laws governing your job? In case you had not noticed, people are getting laid off left and right these days.
I have explained to you for the last time that the bill you have called me about 12 times this week went on a bankruptcy filed and discharged 9 years ago. YOU CAN NEVER COLLECT ON IT.
When I am currently considering myself lucky to have a job at all and struggle to pay my bills, why would I pay you for something the Courts said I no longer needed to worry about?
Please leave me alone. Harrassing me will not help you keep your job and may in fact cause you to lose it.
Thanks
Dear Collections Agency,
Please stop calling my phone number looking for Dave. I do not know Dave. I am not related to Dave. I have never heard of Dave except from the last collections agency who kept calling me. I understand that Dave had this phone at some time in history, but I have had this number for FIVE YEARS now. Dave isn't coming back. If I knew who and where he was, believe me I would tell you so that you would stop calling me.
I have the all the Soprano DVDs and Sex and the City collection...
I jump on my elliptical every day and trade off episodes. Makes my workout fly!
I have a small collection of these, too. The plastic glitter ones
s
My take is agency knew of vaca. but didnt tell
x
Maybe, if agency lying, you can get any fees back
x
Hayseed how do you crop your pics? I'd like to add to the collection of animal angels here.
Or can I send you mine and you'll do it for me, pretty please? 
Might do that one day, but have some debt to get rid of first - sm
So putting out $6500 for a TT will have to wait; in a year I may be able to think about it, then save up the $$$ for it. I have done some research into this and know I first have to lose the weight and be stable at my goal weight for a while before I can have that done if I want to do this right. Guess I will just have to wait and see just how bad it looks after I shed the 70+ pounds. Feeling good right now, just went outside did some yardwork that I usually never have time to do (really didn't now either but work can wait), felt good to be active for a change, though I must now sit on my big butt and work for the next 4-6 hour! My thing is that I have to get more physically active, sit way too much!
Out of debt
Congratulations!!! Isn't it a wonderful feeling?
debt
I agree with transferring to 0% when the offers come. I have been doing that for years. Now, I just got an offer for 6.99% for the life of balance up to 12,000 dollars. Going to take that offer, (we are going to remodel our main but small bathroom) and pay off 2 1/2 cc; then what is left over, oh, and going to give my hubby 1000 to get out bike out of shop, so, what ever is left over, which should be 6 to 7000, will redo bathroom, payments won't be bad, like 190 a month and don't use your cards for a good while, just steadily pay. Hope this helps, and life is too short to stress over bills. Keep them in mind but at the same time, think of what you have. 
I am totally out of debt -
house, cars, motorcyles, credit cards. Everything!
It feels great!
Paying down debt
It is getting harder to make ends meet because of all the straws in our bank account. I have 17k in CC dept alone. It is with 4 different CC companies. One CC has $200, #2 has about 4K, #3 has about 2K, #4 has 10k. The 10K one has a 15 % APR, the others I believe range from 24% to 29% APR. My biggest monthly payment is my house and I owe only $4700 on it and it has 6.3% APR. I sold some things and am getting $5K and that will be enough to pay off my house. I would love to finally, officialy own this house and get rid of that $350 monthly pmt, but I wonder if I should not pay down on the CC because of the high interest rates. Any opinions. TIA.
Paying Down Debt
I feel you, believe me. First, Bravo to you for facing this. That's the hardest part. I think if you are so close to paying off your house, you wouldn't want to take out yet another loan against it. Additionally, the interest rates aren't that great. What is the total of payments you are making on your credit cards? If you can slap that 5000.00 on your debt first on all of the higher interest ones perhaps paying some of them off. That will free up extra money to put on the rest of your credit cards. Then once the credit cards are paid off, you can then work on the mortgage (I WISH I had your mortgage..). Also we work in an industry where it is easy to pick up extra work---have you thought of that just to get extra money to pay off the debt? That's what I'm trying to do. Things are just so bad right now. Good luck, hope this helps...
credit debt
Wow thanks for all the good tips.
As this got off the subject and onto other things, I just wanted to say I have heard Al-Anon is excellent for people dealing with alcoholism in a spouse or other loved one. It might be a great place for support for you and your kids. Just a thought.
Well, the only debt we have is our house...
so I would put it towards the principal on our mortgage.
Did you go into debt over the holidays?
C'mon, fess up!
Did you use credit to buy things for the holidays, or did you pay in cash?
I'm happy to report that for the 13th year, we paid in cash.
credit card debt
Not sure what will happen, but I do wish you luck. Credit card debt is an unsecured type of debt. I don't know what more they can do to you other than a judgement. Not sure you can put that under a bankruptcy either once the judgement has been placed. I know a lawyer that handles a lot of bankruptcies -- did some work for him. He always asked his clients if late payments had gone to judgements. If they had not gone that far he was pleased about it. I guess it made things easier legally. Not really sure.
Completely out of debt today!
I have paid all of my big bills off and now only have the monthly ones. Need to pop a cork!
debt consolidation/relief
I'm seriously considering going with one of those debt relief companies to get myself out from under a mound of credit card debt. I feel like I'm drowning. Has anybody had any experience with these companies, good or bad?
Strive to become debt free...
yes, that means living on a budget, telling the kids (and yourself and your spouse) no to impulse buying and splurges. You really can live below your wage if you WANT to and it is better to do it before you HAVE to due to job loss, etc. We are debt free but our home, no car payments, all credit cards paid off, only have the utilities and food each month. It feels great not to write checks to anyone. My DH just finished his obligation of 700 a month child support (Yay!!) which means more towards the mortgage to pay it off sooner. We are content with what we have...too many Americans want it all and want it now, no matter what the price, just charge it or take out a loan for it...crazy!
Oops, should have been paying off a debt
/
Before considering the CCCS or debt relief (sm)
places, first call the companies. If you haven't been charged off yet, most will work with you and have hardship programs. The accounts will likely be closed, but after 3-4 ontime payments they will "re-age" to show as current, will lower the interest rate so payments are lower and you will pay off over a 4-5 year period (in most cases, you can't use the cards as acct will be closed to further charges in exchange for drastic reduction in interest rate). Going with CCCS or similar, has the same effect as a BK, even worse, on your credit rating. The accounts will report as "closed, paying under debt management plan." While bankruptcy is an option I suppose, if you're a homeowner or have any assets, you'd have to file Chapt. 13 which will allow for some payback. I'd call the companies first and lay out your situation and see what they suggest. The credit industry is in a mess right now so they are willing to work with you if you're upfront and showing good faith.
Anyone ever use a debt settlement company - sm
like DebtAmerica or something like that, one that eliminates 30% or more of your balance owed, consolidates it and gets each cc to settle on an agreed amount, etc. I am thinking of going that route instead of CCCS company which is just a DMP (consolidates it but you still pay back every penny and interest). Either way you have a big black mark on your credit. I owe a substantial amount and this way I can probably be debt-free in 3-4 years instead of 8 years. I know they charge a fee, and you have to pay taxes on the settled amount but it will be a lot cheaper for me in the long run and I can afford it a lot better. So if anyone has gone this route, please give me your input and who you used and if you were happy with their service, etc. TIA! 
Why would you take vacations when you're in such debt?
The money for those planned vacations could be paid towards your credit card. If you're income in increasing soon, why not apply the increase to the bills until the debt is gone and then reward yourself with a nice vacation that you save up for?
If it is an old debt, I've been told that the place that
the court with the original document that you signed before they can get a judgment to garnish wages. Usually they can't come up with it if the account was taken out a long time ago. I would look into it a little maybe even just online. Try consumer affairs website. Good luck.
I know it's popular, but don't put unsecured debt on your home.
No way, never ever do that. It's a huge mistake, you could end up losing your home. The risk is too great.
credit card debt relief
Does anyone have any experience with those companies claiming to reduce debt by up to 70%, etc. ?? I'm drowning in debt. :(
Credit Card Debt Counseling
http://www.cccsatl.org/index.asp?_method=view&sc=43&cn=486&md=debtmanagement
Here's what you want to use... It is called Consumer Credit Counseling Services. They are legit. Now back when hubs and I did it about 15 years ago, there were no computers, per se, so we went on site to an office. I don't know what state you're in or if there is an office local to you, but it looks like you can do this online.
We did it, completed it, and it was great. However, they cut your credit cards up in front of you and put them in a huge jar (at least they did back then). Once you join, there are no more credit cards. What CCCS does is works with your creditors to reduce interest rates, payment size, etc. because they are networked. You then make one lump payment to CCCS and they disburse the money. They also take into consideration your income. I think that's what makes it all work. Also, this is what tells them how long it will take to pay off the debt. Just beware though that if you are "behind" on payments, sometimes certain creditors do not accept CCCS, so they may hassle you still and some just plain won't accept CCCS's offer.
Believe me, even though we are not late on payments, we had in the past 3 years so much personal stuff go on (sickness, death, etc.) that we have racked up some debt ourselves and may try CCCS again, as one card we have raised the rate to 33% interest because we have a high balance. We make regular payments.
All in all, it's a great plan and it does work, but you no longer have credit cards (they close the accounts), and you will have a "bad mark" but yet a good mark on your credit report for using CCCS. Check with them about that though, as I do not know the specifics. It is way better than bankruptcy...
Hope you find some relief soon! My thoughts are with you... I'm not judgemental because I've been there and done that.
Love him! We are debt free but the house....
on an income of around $100,000 a year. DH may be getting laid off in the coming months but we just refinanced to a great below 5% rate, all our credit cards are paid off, we have savings built up to see us through tough times and we don't really worry about what may come. Sure, our cars are a few years old but guess what, they drive just like brand new ones. We still eat out several times a week, we take a month long vacation every year and we are happy with the things we have. We buy what we want when we want, but we aren't slaves to the newest TV, cell phone, i-phone, etc.We have no one to impress and really don't care what others have. We have the peace of mind that we can go to bed every night without much worry, the phone doesn't ring nonstop from creditors and we can go to the mailbox and not cringe when the bills come in. The country is in this financial mess because of greed, plain and simple; fat cat greed, greedy consumers in this I have to have it NOW society, and most think the free ride is never going to end. Sad....
credit card debt lawsuit question
If there is anyone out there who has been sued and had a judgment placed for credit card debt....
What happens when you go to court?? I don't own a house and live week to week (part-time IC, not very supportive husband) so they can't get blood from a stone so to speak. But I was wondering if anyone has gone to court and what actually happens.
credit card debt lawsuit question
Anyway you can declare bankruptcy, chpt 7? I am going that route. :(
Do you have a lot of monies owed where bankruptcy is a real possibility?
I'm going through a similar time......talk about stress!!!!!!!
I posted back in late August about cc debt - sm
in response to someone else giving advice on what to do. I told you about how I had a ton of debt my DH knew nothing about, how I was afraid of him, etc. and that I just did not know how to tell him. I consulted a lawyer and got some insight and advise in case things went really bad when I did tell him. Well I finally bit the bullet and told him on Monday. He was off from work, kids were in school, I wrote a 4 page letter laying it all out. I went out in the LR and I asked him if he loved me and was happy in our marriage, I got yes's to both questions. Then I handed him the note (bawling at this point) and said I was going out for a little while and we would talk when I came back. He called me 10 minutes later, upset yes, but not nuts as I expected. We ended up talking for 2 hours. He was quite good about it which really surprised me, he was in shock though. Later last night after he got drunk not horribly so but enough, though he did not turn nasty. I had asked him not to drink but he ignored that, so as a result he broke down said a few things which I probably deserved, though he does not believe I was scared of him....denied ever threatening to kill me, said if he did he was kidding and it was his sick sense of humor. I told him I take all death threats seriously. But comes down to he does not want to divorce over it, for which I am happy and grateful, and I think this will ultimately help us. We are taking a 401K loan for the debt on his cards, and I will go to a credit consolidator for the debt on my cards......any recommendations on that front? My credit is in the dump so this is not going to make it much worse. In five years we will be free and clear, paid off debt and house at that point. I have a huge breach of trust to heal and don't know how to go about it, that is what is hurting him the most and the fact I waited so long to tell him, couldn't understand why I felt I could not come to him when it all started. So he learned what a conniving wife he has and I learned that I had what I wanted all along, just didn't know it. We still have a lot to work out, and I am in for 5 or more years of snide backbiting remarks at times I am sure, but I think there is hope for us actually.
I used Debt Free Today. Pretty good
company. Never had any troubles with them. Just sent them a check once a month and they distributed among my creditors on the agreed amount. I think we paid off in 4 years. Was really nice!
Yeah, stay out of that family debt deal, if ya can. :) nm
nm
Pay off highest interest rate debt first, then the next, and onto the next. The house can wait. Do
dd
Have U renogiated credit card debt when minimum payment got too high? Do they take your card away,
s
it is wonderful to see how many people have such strong opinions about people in debt.
I thought that the purpose of this board was to be able to post without being judged unfairly or have somebody tell you how wonderful their personal life is, and therefore you are causing their life to be less wonderful with your irresponsibility. Well, the saying "walk a mile in my shoes" is a good one in this case. Since you have no personal information about the person you are lambasting because they are looking for information on their debt, you can feel superior. Had you had personal information about them, you might act in a more human manner. Consider fighting cancer for 4 years, working and being debilitated while you do, suffering the effects of chemo, going into debt to maintain your home for your children and looking for a way out of debt SHOULD YOU EVEN LIVE THROUGH THIS!! Thank you for the kind comments. To the judgmental people I say please take a step back before you judge. You do not know who you are talking to and if you knew the personal information maybe your comments would be kinder.
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