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[ARCHIVED THREAD] - Debt collector suing me (Page 5 of 5)

Posted: 12/14/2015 5:08:28 PM EST

[#1]

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Tango1978, I am not trying to avoid a debt. I did borrow money with a credit card from best buy, I believe it was for 500 dollars, I'm not exactly sure as it was several years ago. I made mistakes in the past stopped paying to have money for fun as I was young and dumb. But now I'm older and taking responsibility even though it's biting me in the ass hard especially right now. I'm ready with the money to pay it, but The problem is this so called company sounds very sketchy. So that's why I am here to verify things out. I rather pay back to the people I borrowed from not to someone that bought it for 100 dollars and if I pay them they get 900 dollar profit. That doesn't sound right here. Would you want to do that? Pay to some company that paid pennies to the dollar on it? Especially when they refuse to show proof of debt to them? Or pay the company you borrowed from?

I am getting unloaded right now, then I head home for 3 days. I should know more by noon central time if I have some sort of letter from Michael phillips and associates that I overlooked. If there isn't one, I'll report to FTC with a copy of what I posted in op. Then I'll send Michael phillips and associates a letter to show proof otherwise if no proof they are to stop.

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As long as you continue to think like that, you're going to have issues. It isn't your business what they paid for the debt, if you owe it and they own the debt, then you're obligated to pay it. I don't argue with the care salesman about what he paid for it and what gross margin I will "accept". I just know what price I think is fair and i'll pay that.

I know that I have a contract with my bill collector that I can't accept payment for an account placed with them unless I still pay them the agreed on amount (30% unless it goes to court then 50%).

Refusing to show proof? Valid and common complaint with bill collectors. Especially if the debt is old and changed hands a lot.

Posted: 12/14/2015 5:21:49 PM EST

[#2]

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Those lawyers usually buy debt that is about to drop off your credit or passed/close to pass legal statue of limitations. They cant have sued you already and then claim that they will sue you if you don't pay right then. Figure out last payment you made, since 30 days from that would be the date of default. Check your state laws and see how long someone has to sue over civil debt ( 4 or 5 yrs most likely). If it has been past the limit then tell that debt collector that he cannot sue you since statue of limitations has passed. Contact the original creditor if you want to pay them back. If they don't want to deal with you directly then don't worry about it.

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The part in bold is not quite true. The debt collector can certainly file the lawsuit. The statute of limitations would be the OP's defense. If the OP doesn't defend then the debt collector will win by default. If the debt collector is truly scummy then he'll play games with getting the OP served as already described.

ETA: Saw the agreement was from January, 2010 and the OP can't remember if he paid it off or not. So, the SOL isn't even in play until next year. That's probably why the collector is pushing now.

Posted: 12/14/2015 5:29:30 PM EST

[#3]

Can you get a credit report, it would list the debts owed and to whom. May straighten who if the debt has been past and if Mr Phillips is real.

Posted: 12/14/2015 5:35:03 PM EST

[#4]

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The part in bold is not quite true. The debt collector can certainly file the lawsuit. The statute of limitations would be the OP's defense. If the OP doesn't defend then the debt collector will win by default. If the debt collector is truly scummy then he'll play games with getting the OP served as already described.

ETA: Saw the agreement was from January, 2010 and the OP can't remember if he paid it off or not. So, the SOL isn't even in play until next year. That's probably why the collector is pushing now.

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Those lawyers usually buy debt that is about to drop off your credit or passed/close to pass legal statue of limitations. They cant have sued you already and then claim that they will sue you if you don't pay right then. Figure out last payment you made, since 30 days from that would be the date of default. Check your state laws and see how long someone has to sue over civil debt ( 4 or 5 yrs most likely). If it has been past the limit then tell that debt collector that he cannot sue you since statue of limitations has passed. Contact the original creditor if you want to pay them back. If they don't want to deal with you directly then don't worry about it.

The part in bold is not quite true. The debt collector can certainly file the lawsuit. The statute of limitations would be the OP's defense. If the OP doesn't defend then the debt collector will win by default. If the debt collector is truly scummy then he'll play games with getting the OP served as already described.

ETA: Saw the agreement was from January, 2010 and the OP can't remember if he paid it off or not. So, the SOL isn't even in play until next year. That's probably why the collector is pushing now.

Quoted:
Can you get a credit report, it would list the debts owed and to whom. May straighten who if the debt has been past and if Mr Phillips is real.

I pulled my credit report, it does not show HSBC Best Buy or Michael Philips and Associates. It only shows my student loan as negative (which will be brought to current status this month) and my 2 current loans. That's it.

Posted: 12/14/2015 5:52:20 PM EST

[#5]

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I gather you didn't read the OP where he admitted to the account with debt?

A credit report issue will clear after 7 years. The collection period depends on the states statute of limitations. If debt is sent to a 3rd party to collect or sold off, the collection company can continue to try and collect the debt up until the statute of limitations from last account activity, and even after if they so choose to not follow laws.

I understand you have no clue of how this works, and that is fine, but OP 100% admitted to being a deadbeat on the delinquent account. Legalities aside, don't try to slice it or dice it any other way, as it is clear as day that he didn't pay his debt.

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Or the whole thing is an clerical error that had its origin in somebody failing to update their records, and OP owes them nothing.

That's plausible.

Except OP admitted to the debt.

I gather you didn't read his update from today:

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I pulled my credit report as the last time was in April, had a score of 680, now it's 703, that feels good! I started with 450 oops, it's been a long journey.

There's nothing on there about HSBC Best Buy. Only negative account left on there is my student loan which is supposed to clear as current sometime this month.

I gather you didn't read the OP where he admitted to the account with debt?

A credit report issue will clear after 7 years. The collection period depends on the states statute of limitations. If debt is sent to a 3rd party to collect or sold off, the collection company can continue to try and collect the debt up until the statute of limitations from last account activity, and even after if they so choose to not follow laws.

I understand you have no clue of how this works, and that is fine, but OP 100% admitted to being a deadbeat on the delinquent account. Legalities aside, don't try to slice it or dice it any other way, as it is clear as day that he didn't pay his debt.

The SOL doesn't prevent them from attempting to collect a debt that has aged beyond the time limit, it only provides an affirmative defense in the event they decide to file suit beyond that point.

Posted: 12/14/2015 5:54:53 PM EST

[#6]

Doesnt sound right then. Usually a debt that is sent to a collection agency has a 30 day period to pay or it goes on your report. I collected for a St Paul company for the worst 3 months of my life. There are way too many misconceptions with debts and collectors. Can you record his call, stating and getting the permission to record his collection call might help. I worked for a legit company (not saying an agent can't break the law) but they really tried to hammer us with following the law.

Posted: 12/15/2015 10:10:13 AM EST

[#7]

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I pulled my credit report, it does not show HSBC Best Buy or Michael Philips and Associates. It only shows my student loan as negative (which will be brought to current status this month) and my 2 current loans. That's it.

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You need to find cancelled checks, bank statements, or whatever you can find from 2010 showing that sucker was paid off ASAP in case you do get sued. I wouldn't be surprised if HSBC sold a "bad" bad debt.

Posted: 12/15/2015 1:33:45 PM EST

[#8]

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You need to find cancelled checks, bank statements, or whatever you can find from 2010 showing that sucker was paid off ASAP in case you do get sued. I wouldn't be surprised if HSBC sold a "bad" bad debt.

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I pulled my credit report, it does not show HSBC Best Buy or Michael Philips and Associates. It only shows my student loan as negative (which will be brought to current status this month) and my 2 current loans. That's it.

You need to find cancelled checks, bank statements, or whatever you can find from 2010 showing that sucker was paid off ASAP in case you do get sued. I wouldn't be surprised if HSBC sold a "bad" bad debt.

Based on homeboy earlier in this thread, looks like debt collectors who buy debt up don't care about accuracy of the information of the debt they are buying either.

Posted: 12/15/2015 1:35:44 PM EST

[#9]

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I pulled my credit report, it does not show HSBC Best Buy or Michael Philips and Associates. It only shows my student loan as negative (which will be brought to current status this month) and my 2 current loans. That's it.

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Just pay them. Get it over with.

You will fit in with the 2 other people I received reports from yesterday. Same thing. Scammed into believing they had debt and paid it.

Posted: 12/15/2015 1:40:15 PM EST

[#10]

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It's would still show as a nice dent in his credit.

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Yeah they bought your account for probably $100. They're legally entitled to pursue it.

You can cut a deal for super cheap and it'll go away. Getting a letter of satisfaction from them will be tough.

If you're unsure if they legally own it, the OC can probably confirm, or you can send a DV letter. Head over to creditboards.com and do a little reading.

It's would still show as a nice dent in his credit.

If he pays it or not it still leaves the dent on his credit unless it plays out just right. Go to the above forum creditboards.com and do some reading.

Posted: 12/15/2015 1:42:02 PM EST

[#11]

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Yes, I got a letter from someone claiming I originally owed Sears some money, and now they want me to pay them. I haven't had a Sears card in 15 years, and the SOL in Texas is 4 years. Even if I did default on a Sears card, that debt has been sold and resold so many times without proof, and multiple companies think they own it. It's common for debt collectors to not actually own the debt that want you to pay them for.

Yes, they are pissing in the wind. Sometimes people are scared and pay them, so it's is profitable to send debt collection letters for time-barred debts.

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How old is the debt? There is a statute of limitations on credit card debt. Plus he cannot tell anyone but you anything. If he told your father he was going to sue you, it's illegal.

We got a letter the other day about an old credit card debt. On the letter it said that because of the age of the debt they could not sue or reported to the credit score people. Sounds like in our case they are pissing in the wind.

Yes, I got a letter from someone claiming I originally owed Sears some money, and now they want me to pay them. I haven't had a Sears card in 15 years, and the SOL in Texas is 4 years. Even if I did default on a Sears card, that debt has been sold and resold so many times without proof, and multiple companies think they own it. It's common for debt collectors to not actually own the debt that want you to pay them for.

Yes, they are pissing in the wind. Sometimes people are scared and pay them, so it's is profitable to send debt collection letters for time-barred debts.

It's out of the SOL and is a zombie debt. They can bug you about but they have no legal grounds to take you to court over it. Doesn't stop them from contacting you though.

Posted: 12/15/2015 1:43:51 PM EST

[#12]

if someone you don't know contacts you and starts asking you for every piece of your info that can be used to confirm your identity, it is either

1) a scam

2) a zombie debt company (and I'm being redundant)

Make no payments, confirm no debt, and stop giving your info out to any asshole who asks for it.

Posted: 12/15/2015 1:46:42 PM EST

[#13]

I work in this industry. If there was a default judgement you would know about it. He has your number.
This was a debt bought at pennies on the dollar. Check the limitations in your state, then either pay a
decreased amount or tell them to kick rocks.

Sounds scammy to me.

Posted: 12/15/2015 1:55:37 PM EST

[#14]

As a former soulless collection agent, I have to say you need to contact a local lawyer that specializes in the FDCPA yesterday (they normally take a % of the winnings, "no fee unless we win" type of thing).

Not only will the debt go away, but you will make a tidy sum of money on this one. There are several clear violations of the FDCPA, if everything you describe is accurate.

DO NOT tell the collector you know or understand anything about the FDCPA. That acronym in and of itself will spook most shady collectors. If it's legal in your state without needing to inform the collector, record all conversations. Ask questions like "will I be sued" and "are you going to garnish my wages" talk about the messages left with your father. If they admit they released ANY info about your debt to your dad, you've got them again.

You could get a lot of your bills paid by exposing dirty collection agents and taking collection companies with shady to illegal collection practices to court.

Posted: 12/15/2015 1:57:34 PM EST

[#15]

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I used to have a debt collecting company, but closed up shop in 2008 after new legislation was passed. So yea, past "debt collecting scum" right here, who got to deal with the dirty, disgusting, lying cheats of the world on a daily basis, that is, THE DEBTOR.

The scummiest people are the ones that skate through life racking up revolving debt with no intention on paying back, or intention that some day that will be able to pay them back but never care to commit, all while continuing to rack up debt. It's fucking pathetic and people that don't make good on debt are pieces of shit.

Sorry, you don't get to call debt collectors scum when it takes an important step to get legitimate debt collectors involved. I guess STEALING is just fine by your own moral and ethical code? Because that is exactly what it is when you don't pay your debt. The fucking free shit army is everywhere these days. It's a sad, sad world we live in when people think racking up debt without repaying it is okay. Congratulations on your ranks and/or support of the free shit army.

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Near as I can tell we have some debt collecting scum on this very board. They come to these topics like flies to shit, and they stink just as bad through the internet as they do through the phone.

I used to have a debt collecting company, but closed up shop in 2008 after new legislation was passed. So yea, past "debt collecting scum" right here, who got to deal with the dirty, disgusting, lying cheats of the world on a daily basis, that is, THE DEBTOR.

The scummiest people are the ones that skate through life racking up revolving debt with no intention on paying back, or intention that some day that will be able to pay them back but never care to commit, all while continuing to rack up debt. It's fucking pathetic and people that don't make good on debt are pieces of shit.

Sorry, you don't get to call debt collectors scum when it takes an important step to get legitimate debt collectors involved. I guess STEALING is just fine by your own moral and ethical code? Because that is exactly what it is when you don't pay your debt. The fucking free shit army is everywhere these days. It's a sad, sad world we live in when people think racking up debt without repaying it is okay. Congratulations on your ranks and/or support of the free shit army.

Hopefully you're in a more respectable business now, like running an escort service or a strip club.

[ARCHIVED THREAD] - Debt collector suing me (Page 5 of 5)

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