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  1. #101
    Relic Shield
    Join Date
    Sep 2010
    Posts
    1,795
    BG Level
    6
    FFXI Server
    Titan

    If you talk to them on the phone to try and make arrangements, never say "I refuse to...." 7-8 years ago I got a call regarding a bought CC debt. I didn't have a regular source of income, so couldn't make a plan to pay X on the Y day of the month. I made sure to say "I'm unable to make those terms." The lady on the other end kept asking "So you refuse to...", and I countered with "I'm not refusing, I am just unable to..." This went on for several minutes, and I could tell she was getting agitated because I wouldn't say I refuse to pay. Finally, she snapped and said "You need to step up and be a man and take care of your business". At that point I calmly told her that I didn't like being talked to like that and would be hanging up now. They haven't called me since, and I really hope they were recording the call. I would love to see it played in front of a judge.

  2. #102
    Human Being
    Join Date
    Apr 2007
    Posts
    3,169
    BG Level
    7

    I remember this thread. I don't remember if I responded in this thread back when it started, but I had an experience with the whole "proof of debt" thing.

    I was called to small claims court over a credit card debt that I did owe, and that had been purchased by a collections agency. I went to the courthouse twice as part of the once-a-month small claims cattle call, and both times I spoke with the attorney representing the collections agency. Each time, I informed him that 1) I was aware of the debt, 2) I did not agree with the amount I was told I owe, and 3) I needed proof that the credit card company I did owe money to had sold the debt to this agency.

    The first time I discussed this with the attorney himself in mediation.
    The second time I discussed this with the attorney in front of the judge.

    The judge was a total dick, but I guess since most small claims defendants are losers and dirtbags, it has an effect of people who have to work with them.

    At any rate, I was prepared to go to trial over it on the basis that, if the collections agency could now show proof of ownership of my debt, then I can't be assured that any payment I make to them will settle the account. However, I was very lucky for two reasons. First, the collections agency was very slow to respond. They never responded to my certified letters requesting proof of ownership, and the attorney on behalf of them never received the information either. Second, my father is a lawyer, so when he sent a letter after the second mediation, they responded a bit more quickly.

    Long story short, about two weeks before I had to show up to trial, my dad helped me settle for about $.50 on the dollar after they sent him proof of ownership of my debt. The documentation was presented to the clerk ahead of the trial date, trial was cancelled.

    The whole ordeal is fucked up. Collections agencies pay some pencil pushing lawyer and his assistant to sit in the courtroom with stacks of files, and collect these people who have defaulted on small loans one by one, make them sign promissory notes for payment of the inflated amount, and the whole thing is just creepy. The judges who preside over these cases are bored, or angry, and often times have little patience for anyone's stories or excuses. Not that I'm mad at any one person, just the process.

    It was a good lesson for me on how to deal with this kind of shit, and I've responded since by not defaulting on a loan since.

  3. #103
    Ridill
    Join Date
    Jul 2008
    Posts
    11,255
    BG Level
    9

    So according to Williams & Fudge they didn't purchase the debt, they are working for the school to collect the debt

    Williams and Fudge Inc. did not purchase this debt we work for the school.
    Therefore they say the bill from the college is enough proof if their "ownership" of this debt. They also claim that I had made an agreement to settle at $1,000.00 which I never did, I was merely talking to her about coming to terms on a settlement arrangement.

    I sent out my certified letter a few days ago asking for proof of the debt, but i'm not sure what to make of this. Can the college have a collections agency coming after me over a debt that they have not sold off to a collections agency? I hear a lot of shady things about Williams & Fudge just by looking around online.

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