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A Long Story About a JudgmentA Long Story About a Judgment
saulsx said: "So, here's the situation, and I'll try not to make this story too incredibly long:
In '95, I got a Best Buy card, kept it for about 3 years, was rarely ever late or over the limit, and I used it once or twice a month. In '98, I lost my job and got a little behind. When I moved across the country, I had my mail forwarded but never received a statement. After about 3 months, I got a statement, which apparently floated around for a while before being forwarded to the new address, and I was even more behind and stupidly didn't bother calling to see what was going on. I tried to work something out but couldn't manage getting it paid down, so the account was charged off and ended up in the hands of Arrow Financial.
I don't have any of the letters or statements I received from Arrow, since it's been a while, but over 6 years later, an attorney's office in the state I'm living in now contacts me trying to collect this debt. Now, the debt has magically jumped from less than $600 to more than $3000. I did read the original letter and saw that I had 30 days to dispute the validity, etc. etc. I didn't really give it much thought since I knew I owed the debt. I thought the amount they were trying to collect was ridiculous, but I didn't think, at that time, there was much point to try and dispute anything. Now I know better.
I've never spoken with anyone from this lawyer's office, or from Arrow, on the phone and I never signed anything saying that I agreed to whatever they're claiming I agreed to. My wife did, however, receive a phone call in June or July of 2005 from someone at the law office and she, according to a recent letter, agreed to make 3 payments of $50 dollars each, which meant that I/we were entering into an agreement with them. She only made one of those payments and she paid by check. I never authorized her to act on my behalf, nor did I sign anything saying I authorized that, her name is not on the account, my name was not on the checking account at the time, and, besides a copy of the check, I doubt they could prove I agreed to anything. I didn't hear the conversation, but I'm sure they pressured my wife into making those arrangements.
So, that's my first question. Can my wife make decisions and enter into agreements on an account that's not hers, that her name is not on, without my authorization? Second question is in regards to the SOL. I live in WA but lived in GA when I had the card and everything sort of went to hell. I'll have to double check, but I think the SOL in GA is 2 years and 3 years in WA. Also, aside from a recent inquiry and a judgment, Best Buy and Arrow do not show up on my CRs (checked TU & EX, still waiting on EQ). If my wife made that $50 payment last year, does that start the whole thing over and do away with the SOL?
Lastly, and I'll wrap up here soon, is that I received a letter from this attorney's office stating that on this particular date (not sure of exact date since I'm not looking at the letter right now), they agreed to settle and the amount I owed was $0.00. I thought that was great. Shortly thereafter, my wife and I both get a summons to appear in court because they've filed a judgment against me and my marital community. So, I fax them the letter stating that I owed $0.00. They send back a letter, which was chock full of typos, stating that the first letter was incomplete, a mistake had been made, and that if I didn't contact them and make arrangements to pay in full, by a certain date, they'd see me in court.
What happens? Somebody from that office calls 2 days before the court date and, of course, my wife picks up and I'm not around to hear the conversation or do anything about it. She tells them that she'll talk to me and call them back. They temporarily drop the suit and send a new letter saying that now I've entered into and agreement to pay $150 a month for 7 months with an increase after that, which I did not agree to. I'm not trying to weasel my way out a debt that I owe, but I want to fight this and have it in writing that I owe nothing. If I go to court with them, will any of this hold up? And, what would be my first action? Write a letter to the attorney asking to provide proof that I entered into these agreements?
Sorry this post was so long. Thanks for any responses."
TScott said: "Whew.........yeah.........that was long, buddy. :p
I'm hoping I absorbed it all because it's late but from what I can tell........this is out of SOL. The SOL clock will not restart because your wife talked to them. If this debt is from 1998 (do you know what the DOLA is?)......then it should be out of the 7 year reporting period. They can't touch you.
You should send them a DV letter and see what they can provide. Make it a simple letter just asking for proof that the debt is yours. See what they can come up with.
Another thing you might want to know is ARROW IS SCUM.
[url]http://www.budhibbs.com/debtcollectorpages/arrow_financial_services.htm[/url]
You may want to read up these guys."
saulsx said: "[QUOTE=TScott]Whew.........yeah.........that was long, buddy. :p
I'm hoping I absorbed it all because it's late but from what I can tell........this is out of SOL. The SOL clock will not restart because your wife talked to them. If this debt is from 1998 (do you know what the DOLA is?)......then it should be out of the 7 year reporting period. They can't touch you.
You should send them a DV letter and see what they can provide. Make it a simple letter just asking for proof that the debt is yours. See what they can come up with.
Another thing you might want to know is ARROW IS SCUM.
[url]http://www.budhibbs.com/debtcollectorpages/arrow_financial_services.htm[/url]
You may want to read up these guys.[/QUOTE]
I had been on the Bud Hibbs site earlier today and was surprised to see that a couple of the CAs that are/were wreaking havoc on my financial life are on the "America's Worst" list: Arrow and NCO.
I'm not sure what the DOLA is. I don't have any records, besides the most recent ones from this attorney's office. Would there be a way to find out? I know it's had to have been 6 years and, like I said, Arrow and Best Buy aren't showing up on my CRs, which tells me it's been 7 years at least. I don't know; I'm just guessing.
I have looked at a few sample DV letters and some are more detailed than others, so I think I'll try a simple letter first and keep you posted on what happens. I'm kind of new to this game and am still learning, but is this kind of thing typical? I've had some bad dealings with another CA and Capital One, which, oddly enough, is one of the accounts showing up as being in good standing.
Thanks for taking the time to read my post and for the response. :)"
saulsx said: "OK. So, I was studying up on the FDCPA and under Section 809, I have 30 days to dispute the validity of the debt. Since the initial letter is dated 1/26/06, does this mean that time's up?
Is there any way to find out what the DOLA is and if they've made any violations by filing a judgment? I'm trying to figure out if this is out of the SOL. They did send a supposed copy of my cardmember agreement, dated 7/03, but it doesn't have my name, signature, contact info, SSN, account number or anything. I see at the top what appears to be a reference # and a date. To the best of my knowledge, I had no dealings in any form with HSBC (OC), or Arrow (CA) at that time. And, I see that the law office representing Arrow has underlined the section regarding lawsuits. I know that I originally got this card in 1995, not in 2003, and had not signed anything to re-open the old account or open a new one. I think the copy of the a agreement is generic and bogus.
This whole situation is a mess. I was re-reading the summons and some other documents and realized that they've been referring to my wife as Jane Doe. I'm not a spelling Nazi or anything, but almost every letter they've sent is full of typos, one letter contradicts the next, and they're making claims that I know aren't true, like I agreed to this, then agreed to that.
I don't want to hire an attorney since I'm close to being dirt poor, but I'm starting to feel a little lost with this thing.
Thanks.
[QUOTE=TScott]Whew.........yeah.........that was long, buddy. :p
I'm hoping I absorbed it all because it's late but from what I can tell........this is out of SOL. The SOL clock will not restart because your wife talked to them. If this debt is from 1998 (do you know what the DOLA is?)......then it should be out of the 7 year reporting period. They can't touch you.
You should send them a DV letter and see what they can provide. Make it a simple letter just asking for proof that the debt is yours. See what they can come up with.
Another thing you might want to know is ARROW IS SCUM.
[url]http://www.budhibbs.com/debtcollectorpages/arrow_financial_services.htm[/url]
You may want to read up these guys.[/QUOTE]"
TScott said: "[QUOTE=saulsx]OK. So, I was studying up on the FDCPA and under Section 809, I have 30 days to dispute the validity of the debt. Since the initial letter is dated 1/26/06, does this mean that time's up?
Is there any way to find out what the DOLA is and if they've made any violations by filing a judgment? I'm trying to figure out if this is out of the SOL. They did send a supossed copy of my cardmember agreement, dated 7/03, but it doesn't have my name, signature, contact info, SSN, account number or anything. I see at the top what appears to be a reference # and a date. To the best of my knowledge, I had no dealings in any form with HSBC (OC), or Arrow (CA) at that time. And, I see that the law office representing Arrow has underlined the section regarding lawsuits.
This whole situation is a mess. I was re-reading the summons and some other documents and realized that they've been referring to my wife as Jane Doe. I'm not a spelling Nazi or anything, but almost every letter they've sent is full of typos, one letter contradicts the next, and they're making claims that I know aren't true, like I agreed to this, then agreed to that.
I don't want to hire an attorney since I'm close to being dirt poor, but I'm starting to feel a little lost with this thing.
Thanks.[/QUOTE]
Where do you get the date 7/03? is that what they dated the letter when they sent you the cardmember agreement? or is that supposed to be when you signed the agreement?
*just so you know........it's not valid proof unless you see your signature.
If you don't have the actual paperwork showing your last payment (or first delinquency) on this acct..........and it's not being reported on your CRs.........then you may need to contact the OC and see if they can still access your acct and tell you when the last time you paid was. Let them know about the problems you are having and why you need the information and see if someone can help you.
Also.........did they actually get a judgment on you? Or did they just file?
I would be interested to see the letters they have sent you.........because I'm sensing all kinds of violations here.
Edited to add:
ps........regarding your first question. You always have the right to request validation. So no........your time is not up."
saulsx said: "The date, 7/03, appears on the cardmember agreement, which looks to me like a copy of a standard/generic agreement. At the top of the agreement itself, there's a box with the OC's info, some info about changes to the balances on the account that have been highlighted, and a #: AG1819 (7/03). Following that is the full agreement and disclosure statement. But, nowhere in or around it does my name, or whose account this actually is, appear.
They filed a judgment but dropped the suit 2 days before the court date when they called and tried to muscle my wife, again, into paying something. It kind of seems like the judgment they filed was just another scare tactic and they realized that they could just call and try to push my wife around some more, like they did before, or get me to settle becuase they knew I'd be shakin' in my boots, because the suit wouldn't stand in court. It sucks because now it's appearing on my CRs and is a public record.
I'm going to send the DV letter and contact the OC to see if they can still access my file, and I'm going to keep doing some more homework.
Thanks so much for the informative responses. ;)
[QUOTE=TScott]Where do you get the date 7/03? is that what they dated the letter when they sent you the cardmember agreement? or is that supposed to be when you signed the agreement?
*just so you know........it's not valid proof unless you see your signature.
If you don't have the actual paperwork showing your last payment (or first delinquency) on this acct..........and it's not being reported on your CRs.........then you may need to contact the OC and see if they can still access your acct and tell you when the last time you paid was. Let them know about the problems you are having and why you need the information and see if someone can help you.
Also.........did they actually get a judgment on you? Or did they just file?
I would be interested to see the letters they have sent you.........because I'm sensing all kinds of violations here.
Edited to add:
ps........regarding your first question. You always have the right to request validation. So no........your time is not up.[/QUOTE]"
TScott said: "It does sound like they are trying to scare you into paying.
One thing..........if it is being reported on your CR........does it show the DOLA?
If not, you can call one of the CRAs and ask them what the DOLA is being reported as. By law, that has to be provided by the CA/OC.
If/When you speak to one of the reps at the CRA..........they will ask you if you want to investigate it...........tell them no......you just want the info. Do all of your disputes via US mail.....certified. Never by phone or online.
Also.......make sure that this lawfirm and the CA are licensed and bonded to collect in WA.
[url]https://fortress.wa.gov/dol/dolprod/profquery/[/url]"
saulsx said: "Only the judgment they filed is showing up on my CR's as a public record. This is the first time I've checked my CR's in a while, but it looks like anything that had been reported from the original account, along with whatever the CA was reporting, have dropped off.
Thanks for the link. I had actually searched the DOL site previously and couldn't find anything on this law office. Arrow is listed as active and there are 2 attorneys from the law office listed as active, but not the actual office itself. Don't know if that means anything, other than the fact that some of the people I'm trying to deal with are licensed to collect here.
I'm going to send the DV letter. By the way, should I send it to the law office or the CA? I'm going to try and track down a real human at the OC that can maybe help with accessing the original account, or should I find an address and do that by mail too? It's my understanding that you should never talk to Ca's on the phone. What about OC's?
Thanks again for taking the time to respond and for the helpful info."