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Wifes debt
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Posted by Wondering Husband on February 27, 2002 at 18:58:00:
Hello again,
I would like some furhter advice on this matter and to fill you in on the events of today.
Prior to leaving for work I told my wife what info to get from the collection agency if they were to call while I was gone. Well they called and by the time I got to work, within 5 minutes had a distraught wife on the line. They stated to her that they were going to ruin my military carreer and my credit if she did not commit to a payment. She asked them about the letter they are supposed to send 5 days after initial contact with us and the CA told her they need not send such a letter.
I called the CA on behalf of my wife on my lunch break and was instantly directed to a manager. He was polite, once the word games started and I made it know I can play also. He kept trying to get me to allow them to take my wife to court. To which my response was, "I can not tell you or your company what you should do only that we are going to dispute this claim and have you validate it." He stated at that point that they were not a CA but now "the creditor" since they bought the account and need not validate any debt except in a court of law.
I told them they must do what they must as I also will do what I must to help my wife. He then added that looking on the web and the FDCPA have little to no application in this matter and that they would report it to the CRA's and cancel her credit then they would go to court for judgement. At this point I told him to direct any further contact about this debt to my lawyer and gave his name and phone number and he hung up on me.
1. Should I continue with the Validation of debt letter and then follow with the C&D?
2. I checked the BBB for anything on this company and I could only find a name and phone. Company name is Capital Acquisitions & Management.
3. He let slip that they bought my wife's debt for a fraction of the original amount. Does this mean that if we do go to court like he indicated, that she could possibly settle the account to pay less?
4. I'm kind-of running out of things to settle my wife and my Army lawyer is trying to keep up with what I've been learning. I've been trying to keep him posted as to what's happening but he is advising me to just haggle then down in price and pay. At this time we can't afford to do this but may be able to get a loan from a relative to make it happen.
Again, as before, I thonk you for any input you can offer as sound advice.
please see previous post for more information.
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