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Re: more questions - Can anyone help?
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Posted by Keyser Soze
(64.12.113.174) on February 22, 2004 at 10:33:36:
In Reply to: more questions - Can anyone help? posted by sherry on February 22, 2004 at 02:19:01:
The answer to your questions is simple, the whole being less than the sum of its parts. A CA must validate the debt, producing every statement from beginning to end, which they generally cannot. You may have this confused with chargeoff. If a CA owns or is assigned the debt it is assumed to be chargedoff. Considering CA's lie as matter of 'best practice', you are wise to question whether the 'alleged' debt is chargedoff.
Forget about interest, settling, starting points, negotiating. Why? Because you must never, ever pay a scumbag thug extortion ring hiding behind a CA anything. Ever. Let them charge you the moon with a platinum-seated outhouse in the Crater of Copernicus. Pay them nothing, ever. You will trash your credit forever. That's right. Better your credit report shows a bunch of unpaid scumbag CA's rather than your having 'settled' with them 'by agreement.
Those with whom to settle are OC's, most won't. Their choice. You tried, they refused. Tough. As for CA's, here's a good starting point for 'negotiation': Their names go to the FTC, BBB, your state AG - and theirs - atop a laundry list of violations. Document the distress caused by these baboons and the resulting detrimental effects to health with your physician. Make sure they know. Can they spell 'liability'? Probably not but they know what it means.
You BK debts dismissed 7 years ago are probably long past SOL. Yes, they can grab these debts and try to collect. Hope they do. More FTC violations for which you may be able to countersue for damages.
CA's don't always sue. When they do they hope you won't answer. Gets them a default judgement. When you answer vigorously you stand a better chance they'll go away. Let them know you'll not be trifled with. Why fight you when they can move on to softer targets? As with any housebreaker, rapist, paedophile, or other criminal, amongst which CA's are proudly counted.
If CA pukes and their shower-mate CRA's don't drop SOL reportings you should immediately dispute the listing via CRRS mail, report to FTC for FCRA violations, and offer to sue. If these bugs add SOL listings they are illegally trying to collect on, again it's FTC complaint time. Called 'running the statute', good for you. Too bad for them. Stomp these piles of semi-dessicated dog droppings with the boot of every legal method at your disposal. Methodically, Keyser Soze "Have ye a valediction, Boy-o?"
- Det. Captain Dudley Smith,
"L.A. Confidential, c. 1997
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