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Credit Card, Attorney sent letter, Please help me! Thnks

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ccmmjjoo

Junior Member
What is the name of your state? South Carolina.
Hi, I had a credit card with Household Bank. In 2003, I lost my job. I tried to pay what I could monthly, but I ended up not being able to pay. In June 2004, I was trying to get a payment schedule set up to where I could pay it off in 6 months. I ended up not being able to make the last 2 payments. I tried to tell the Credit Card comp. but they said I was defaulting. Now, within 2-3 months, my card has been sold 2 times and now a lawyers office has it. I have a letter from an attorney ( this is not a summons ) telling me that I am going to be sued. They said they were filing a summons. I called the attorneys, and they told me," Well we tried to call you (they tried to call me at my parents house, I have not lived there in 6 months), and you never responded, we began to file with your county in which you live." They told me that I would be sued for the amount + court costs, attorney fees, etc. I was settling with Household for $1400. I cannot even remember what the actual balance was, but the attorneys are telling me that it is for $4500. Well, I faxed them a letter telling them I dispute this and that I should not owe anything. I told them I needed more information (mainly where all this extra money came from), before I can get this figured out. I tried to get this settled with Household Credit Cards. Also, the attorneys office said "you had better call anyone who really cares about you and tell them you need the money now!!, They said we will give you 2 hours to come up with the money $4400". Also, the attorney's office had pulled a credit report on me, and for some reason, my dads credit card comes up on my credit report. It has a $10,000 limit. The attorneys office said, "well your dad has a credit card with a $10,000 limit and you had better get him to pay this off, if not, you will have to pay roughly $7500-$8000 for the card balance, and for court costs, etc.." I have a few questions, How much should I expect to have to pay? I tried to get this settled with the credit card company. 2nd what should I do, should I contact an attorney?, 3rd Was anything they were telling me threatening or illegal(By them telling me I was going to be sued, get your dad's card, etc..?, 4th What should I expect to have to pay, the original settlement with Household minus what I paid Household Credit, or some other charges? Also, I have no idea where this "Extra" charges came from. The balance they say I owe is $4400. Not even with Interest and fees, it should not have been this high, I think they added to it, or some other company added to it that bought out the card, 5th does my state have laws that prohibit my wages from being garneshed. I found a law in South carolina, that stated, for a consumer debt, that wages cannot be garnished, the law was SC Code of Laws,, s37-5-101 et seq,,Section 37-5-104 says that no garnishment. It says with respect to a debt arising from a consumer credit sale, a consumer lease, a consumer loan, or a consumer rental purchase agreement, regardless of where made, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings. Also, the lawyers office that I spoke to, the lady said, "YOUR STATE WILL GARNISH YOUR WAGES". 6th Should I wait to be summoned and take a lawyer, or will they try to get me to settle for lessor amount (i.e. $.10 on the dollar) 7th, what happened to the settlement money that I paid Household credit cards. PLEASE HELP ME. Thank you for any and all advice!!!
 
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They may well sue you and get a judgement but it sounds like they are not complying with Fair Debt Collections Practices Act. Read everthing you can about the act.
 
relax - things r not that bad

ccmmjjoo said:
.....Hi, I had a credit card with Household Bank. ....I was settling with Household for $1400. I cannot even remember what the actual balance was, but the attorneys are telling me that it is for $4500.....Also, the attorneys office said "you had better call anyone who really cares about you and tell them you need the money now!!, They said we will give you 2 hours to come up with the money $4400"......

I am familiar with the situation as one of my creditors back in the US is Household.

They tried the same tactics with me. Listen to this now.

1) They ARE violating Fair Debt Collection, I'd advise u to record your chats with the attorney and let them listen to the recording. Your father's CC has NOTHING to do with u!!!! Your best case scenario is to ask them what's gonna happen next and pray to God they r gonna say that a warrant for your arrest will be issued by the court. Then play it back and see their reaction. I did actually only 2 days ago :) Mentioning arrest is ONE OF THE BIGGEST violations of Fair Debt Collection in the US (does not apply to Canada or UK though). They will excuse themselves and hang up. After that REPORT THIS IMMEDIATELY to fair Debt Collection watchdog in the US!

2) Since they r asking for money money than u actually owe, ENSURE u send them a Certified letter demanding validation of debt owed.

3) That will stop them pestering u BUT will not stop your original creditor trying to get a court judgement against u. HOWEVER that will guarantee that even if push comes to absolute shove, u will be held responsible ONLY for the amount u actually owe, not for what they "clocked up" in their greedy minds.

I know I am in a slightly better situation as I am working in the UK and they know perfectly well that they cannot get hold of my British paycheque. I have already advised my British employer to fully adhere to UK's Data Protection Act by which any employer in the UK has to tell creditors to "zap off" if they try simply to access my employment information.

I know how twitchy u r feeling about your paycheque in the US but do not worry - it is a long uphill battle for your creditors to try to touch it.
 

JETX

Senior Member
Gee, you have gotten so much BAD information in this thread, I don't know where to start in trying to CORRECT these idiots!!

So, lets start with:
1) They ARE violating Fair Debt Collection, I'd advise u to record your chats with the attorney and let them listen to the recording. Your father's CC has NOTHING to do with u!!!!
The inclusion of your fathers credit card information in YOUR file is NOT a violation of the FDCPA (by the collector). The collector has NO control over that.

Your best case scenario is to ask them what's gonna happen next and pray to God they r gonna say that a warrant for your arrest will be issued by the court.
And of course, that is not likely. This idiot is just throwing crap against the wall to see what will stick. Hell, he can't even use full words... and is using that lazy 'shorthand' typing.

Then play it back and see their reaction. I did actually only 2 days ago Mentioning arrest is ONE OF THE BIGGEST violations of Fair Debt Collection in the US (does not apply to Canada or UK though).
And of course, that isn't true either. It is ONE of the more common 'threats and intimidation tactics' that SOME debt collectors use.... but, by far, NOT the biggest.

They will excuse themselves and hang up. After that REPORT THIS IMMEDIATELY to fair Debt Collection watchdog in the US!
Gee, and what 'watchdog' are you trying to refer to?? Hell, you don't even live in the US.... so why the hell are you trying to offer US legal advice??

Since they r asking for money money than u actually owe, ENSURE u send them a Certified letter demanding validation of debt owed.
HUH?? Care to put that into legible English???
And you don't DEMAND a validation!!
For a good sample PROPER validation letter, go to: http://www.creditinfocenter.com/forms/

That will stop them pestering u BUT will not stop your original creditor trying to get a court judgement against u. HOWEVER that will guarantee that even if push comes to absolute shove, u will be held responsible ONLY for the amount u actually owe, not for what they "clocked up" in their greedy minds.
And that is also NOT true. If this goes to court, the debt owner can recover their legal fees, court costs, accrued interest, etc.

I know I am in a slightly better situation as I am working in the UK and they know perfectly well that they cannot get hold of my British paycheque. I have already advised my British employer to fully adhere to UK's Data Protection Act by which any employer in the UK has to tell creditors to "zap off" if they try simply to access my employment information.
Since you clearly have NO idea what you are talking about.... and have NO legal knowledge or experience.... I suggest that YOU 'Zap Off', you wanker!!
 

JETX

Senior Member
Now that we got rid of that stupid 'wanker', lets get back to trying to give you some legally accurate answers:

ccmmjjoo said:
Well, I faxed them a letter telling them I dispute this and that I should not owe anything.
That FAX does nothing. You should send them a 'validation request'. A good sample letter can be found at: http://www.creditinfocenter.com/forms/

Also, the attorneys office said "you had better call anyone who really cares about you and tell them you need the money now!!, They said we will give you 2 hours to come up with the money $4400".
Clearly, that does NOT sound like an 'attorneys office'. Have you verified that the number is in fact to an attorney and not just to another debt collector??

Also, the attorney's office had pulled a credit report on me, and for some reason, my dads credit card comes up on my credit report. It has a $10,000 limit. The attorneys office said, "well your dad has a credit card with a $10,000 limit and you had better get him to pay this off, if not, you will have to pay roughly $7500-$8000 for the card balance, and for court costs, etc.."
Their statements are ridiculous... but not 'illegal'. I suggest that you and your father take whatever steps are necessary to remove his information from your file. Contact the CRA (Credit Reporting Agency).

I have a few questions, How much should I expect to have to pay? I tried to get this settled with the credit card company.
Of course, no one can answer that. We don't know how much your bill is, how much you have paid, how much interest has accrued, etc.

2nd what should I do, should I contact an attorney?
Why?? I see nothing that would even suggest an attorney can help you.

3rd Was anything they were telling me threatening or illegal(By them telling me I was going to be sued, get your dad's card, etc..?,
It wasn't the brightest thing they could do.... but it does not appear to be illegal. They can tell you that they can sue, and your fathers credit information being available to them was not their liability.

4th What should I expect to have to pay, the original settlement with Household minus what I paid Household Credit, or some other charges?
They have the right to bill you for the amount you owe (outstanding debt, plus interest, plus allowed fees), plus their 'damages' (attorney fees, court costs, etc.).

5th does my state have laws that prohibit my wages from being garneshed.
Yes. Wages in SC are exempt from garnishment.

Should I wait to be summoned and take a lawyer, or will they try to get me to settle for lessor amount (i.e. $.10 on the dollar)
That is your decision. If you want to try to negotiate a settlement, call the debt owner.

what happened to the settlement money that I paid Household credit cards.
The money that was paid should have been credited to your outstanding balance. I suggest you review your records against the information they provide (as a result of your validation) to try to see what you do owe.
 
be careful listening to ppl

JETX said:
.... I suggest that YOU 'Zap Off', you wanker!!

A very nice quote for someone who pretends to be helping others :) goes to show what sort of ppl sometimes post here - and how careful everyone needs to be listening to "impartial advice" (mine included).

I wud suggest we try to be professional (or at least sensible) here as we r trying to help ppl in real trouble (not boost our dented ego). However I do understand that professionalism is perhaps not something taught in Southsh*t University where my respected opponent claims to be coming from :) No do they seem to have a chair in politeness either.

Anyway - even though I reside in the UK, my debts r in the US, which makes me fully aware of the necessity to apply US law to our problems.

As for the "critique" (filth rather) thrown at me, yes - do try to get the person on the other side of the telephone line to slip up. I did - like I said only 2 days ago - and they did mention the taboo word of "arrest" which put them in clear violation of Fair Debt Collection.

Plus, going from 1400 dollars of debt to 4500 is a long way, and no court fees etc.... wud ever account for that. Additionally no one can possibly clock up court fees BEFORE the court actually happened - so however u slice it, it is a pile of r*bbish.
 
look at this - rather amusing :)

JETX said:
Now that we got rid of that stupid 'wanker' ........

TERROR ALERT upgrade from France:
In light of the Madrid bombings, France has upgraded its terror alert level from "run" to "hide."
According to the French government, the only two higher levels are "surrender" and "collaborate."


I am sorry but this is more amusing (in a pathetic way) than I thought.

I will be fair - this chap DOES give some good advice. he does indeed remember the name for the US body that handles reports of violations of Fair Debt Collection for one instance.

However - look at his posts - if he were the brightest lawyer in the world, wud u like your lawyer to spit that filth and crack that sort of jokes in the courtroom???

I am sure he wud do well in the job of a clown. I hope this site is not exactly a circus though.
 

djohnson

Senior Member
Actually this is a legal website and not an impartial opinion website. I actually agree with JETX on this one as you have continually been obtuse and down right ignorant in advising people to the law. Everything you told this person was wrong, and there were others. Please refrain from answering if you don't know.
 
response

djohnson said:
..... Everything you told this person was wrong, and there were others. Please refrain from answering if you don't know.

I have never claimed I know all the twists and twiddles of the law - I wudn't be here if I did. I mentioned a few times that my posts r MY OPINION ONLY and in no way r solicitation for ANY course of action.

What I told here is what ACTUALLY worked in a similar situation in my particular case - that being a matter of FACT, not a matter of a theoretical discussion.

I will be very grateful to ANYONE who will correct me on something I misinterprete or plainly do not understand. However, u wud perhaps agree with me that there are more polite and professional ways to do so.

Many thx
 

djohnson

Senior Member
This is for legal advice. If you don't know the law or the 'twists and tuddles' then don't advise. If someone takes your advice as accurate it could cause them harm.


vgmhilliard said:
I am familiar with the situation as one of my creditors back in the US is Household.

***This site is for US law. Having Household as a creditor does not make you a lawyer, or even familiar with the law.

They tried the same tactics with me. Listen to this now.

1) They ARE violating Fair Debt Collection, I'd advise u to record your chats with the attorney and let them listen to the recording.


***Do you even know if that is legal in this OP state?
***You state for sure they are violating, how?

Your father's CC has NOTHING to do with u!!!!

***They can advice to borrow the money, that is not illegal.
especially if they know family member has it available.


Your best case scenario is to ask them what's gonna happen next and pray to God they r gonna say that a warrant for your arrest will be issued by the court.

***This would be dumb of them. However they can file for judgment.

Then play it back and see their reaction.

***umm, would you be breaking the law here?

I did actually only 2 days ago :) Mentioning arrest is ONE OF THE BIGGEST violations of Fair Debt Collection in the US (does not apply to Canada or UK though). They will excuse themselves and hang up. After that REPORT THIS IMMEDIATELY to fair Debt Collection watchdog in the US!


**you are an idiot and they probably had a good laugh at your expense.

2) Since they r asking for money money than u actually owe, ENSURE u send them a Certified letter demanding validation of debt owed.

***ok, but the more money (not money money I think) is collection costs and perfectly legal.

3) That will stop them pestering u BUT will not stop your original creditor trying to get a court judgement against u. HOWEVER that will guarantee that even if push comes to absolute shove, u will be held responsible ONLY for the amount u actually owe, not for what they "clocked up" in their greedy minds.

***If original agreement said collection/court costs then greedy minds or not, it is collectible.


I know I am in a slightly better situation as I am working in the UK and they know perfectly well that they cannot get hold of my British paycheque. I have already advised my British employer to fully adhere to UK's Data Protection Act by which any employer in the UK has to tell creditors to "zap off" if they try simply to access my employment information.

I know how twitchy u r feeling about your paycheque in the US but do not worry - it is a long uphill battle for your creditors to try to touch it.


ugg !!!stop answering if you don't know the RIGHT answers.
 
idiot?

let me quote something u said before we go into discussion who is an idiot here:

QUOTE:
Mentioning arrest is ONE OF THE BIGGEST violations of Fair Debt Collection in the US (does not apply to Canada or UK though). They will excuse themselves and hang up. After that REPORT THIS IMMEDIATELY to fair Debt Collection watchdog in the US!

**you are an idiot and they probably had a good laugh at your expense.
END OF QUOTE.

Now let me quote something from the government web site itself (http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm) which I am sure u will have a harder time of accusing of idiocy:

QUOTE:
Debt collectors also may not state that:

-you will be arrested if you do not pay your debt;
-they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
-actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
END OF QUOTE.

They probably did have a laugh as u mentioned (since they r so stupid to have mentioned arest in the 1st place) but hardly at my expense.

As for "idiot", u may want to take a look in the mirror. U may see one there. With all due respect of course.
 
a suggestion

Personally I suggest we stop bickering and concentrate on the matter we r discussing. Exchanging verbal fire and calling each other names is NOT helping anyone, ppl who asked for advice in the 1st place.

If the person who originally asked for advice here ("ccmmjjoo" I believe) reckons that my advice is not useful (or outright detrimental) I wud ask him/her to say that. I will stop posting my experience and views at once.

Many thx
 

cyana24

Member
vgmhilliard said:
If the person who originally asked for advice here ("ccmmjjoo" I believe) reckons that my advice is not useful (or outright detrimental) I wud ask him/her to say that. I will stop posting my experience and views at once.

Many thx
Please stop posting "your experience and views". You are only confusing people.
 
RIGHT answers

djohnson said:
....stop answering if you don't know the RIGHT answers.

ok - but wud u mind giving the "RIGHT answers"? I wud be interested to know myself. I do not think the original post has been ever addressed by anyone in the middle of our "discussion". Thx in advance.
 
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