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Re: Trouble with FirstUSA/BankOne and collection agency


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Posted by Judgmental (12.228.108.56) on January 07, 2004 at 04:10:25:

In Reply to: Trouble with FirstUSA/BankOne and collection agency posted by troubleintx on January 07, 2004 at 00:57:56:

Things you need to do:


Prepare yourself for a possible lawsuit.

a) Clean out your bank accounts of money you can't afford to give up. I don't know how much of a debt you owe, but anything can happen when these people want their money. Minimize what they can do to you--protect your money.

b) Make sure the CA knows you're current address and phone number. Let them call you all day in a hurry to collect prior to SOL. Why? Because, they are bound to walk into violations of the FDCPA and possibly FCRA which you can later use as leverage to get this thing off your back.

Another good reason to do this is... If they choose to sue you, you will know about the suit and when and where to show up to defend yourself. If they are stupid enough to give you sewer service, you'll have some proof that they acted in bad faith by not serving you at your last known address.

c) Answer the phone when they call and tape the conversation. (Tell them you are taping the call if your state requires it.) Believe me. They don't want to sue you. They want you to pay NOW. So, if you talk to them and give them the impression that you are eventually going to cave, they will keep calling. They will get bolder. Don't make any promises and don't offer to pay. Just sound vulnerable. It will get worse and they will rack up violations.

d) Keep a log of everything that happens for use later.

If you have until October of this year before the SOL is up, you have a good piece of time before they will file suit IF you can keep them talking on the phone.

Get your dad to give you the run down of what they've said on the phone. Try to identify violations that you can corroborate later with what they will do with you directly.

You can use these violations and threaten to sue the CA later as leverage to get this problem out of your life.

Unless you have it to spare, don't pay a cent right now. You're almost out of the woods on this. A payment plan of some kind now could extend this matter for years!

Others can give you pointers on how to make use of the violations they will no doubt rack up.

You just have to wait it out. Make that waiting game work for you by following the steps above.





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