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Can I DV a CA after phone only contact?

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Basic back-story: I'm under-employed right now. Got behind on my Chase account. Called Chase and asked if I could be on a hardship program. They said no. Debt charged-off at the end of February. I start receiving phone calls from a 500-000-0000 number. When I answer, no one there. If it goes to the machine, they leave a number. I googled the number and found out it's Creditor's Interchange.


Have received nothing in the mail from them.


Today, a family member in a different state with a different last name calls to tell me he got a call on his answering machine looking for me. I called the number and found it was Creditor's Interchange. Didn't speak to anyone though.


I have lived in the same place for 10 years. I just spoke to the OC not a week and a half ago. Why are they calling family members looking for me already? And why haven't they sent a letter yet?


Should I go ahead and DV them anyway? Or wait for a letter from them?


I am going to continue to try to work something out with the OC in the meantime.

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From Bud Hibbs:


Bud Says...


These dirt bags have a history of not being able to control their collectors. Below is the results of an action taken against them last year in Minnesota;



Against: Collection Agency

Action: Cease & Desist/Consent

Signed: 2/2/2004 $10000 Fine

File # CA 2303834 KRJ


Respondent allowed collectors to threaten actions they had no intention of taking and allowed unlicensed collectors to contact MN residents.


We have just recently received another interesting piece of information about Creditors Interchange. The State of New York is fed up with the unlawful practices of these knuckle-heads. Because of complaints from consumers about Creditors Interchange they were forced to sign a Assurance of Discontinuance to the New York AG. In other words; "We promise not to break the law again". I have attached a copy of the court document in .pdf format. If anyone has problems with this guys please send a letter to the New York AG office, I'm sure they can make sure you are heard.


New York Assurance of Discontinuance against Creditors Interchange.pdf


August 1, 2003 — BUFFALO, NY - Creditors Interchange, Inc. has announced the acquisition of its business operations by two Chicago, Illinois-based private equity firms; Prairie Capital, LP and Caffery Capital Partners, LLC.


Creditor's Interchange is located in (where else) Buffalo, NY, however they have a large collection operation across the river in Canada (ayhh!) where the wages and worker benefits are even smaller. CEO David Young must have gotten one hell of a bonus for pulling this off.


VERY aggressive debt collectors who will lie, threaten and do any illegal act imaginable, just to separate you from your money. These are nasty, desperate conmen, and con-women that should NEVER be trusted. They have posed as bankers, lawyers and other professionals to scare consumers into believing something bad would happen, if monies were not immediately forthcoming.


In reality, these low-life's of the collection industry are nothing but a fraud! Any debt collector from Buffalo, New York is desperate, however Creditors Interchange apparently is hiring the WORST of the WORST! Stay far away from this ship-wreck of out of control rats, they are desperate and dangerous.



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Quick Update:


I had another thread here that I can't seem to find, where I mentioned that I had spoken to them, just to keep them from calling all my relatives. I didn't say much to them other than to say I'd respond when I received their written communication. The dunning letter arrived within the next day or two.


I sent the DV off this weekend.


Today, I answer the phone without looking at the caller ID and it's the CA again, same woman.


She starts off by saying, "I talked to you last week and I'm about to sign off on this account for legal pursuit in Hazzard County..." (I live in 'Hazzard' county)


I told her I had only gotten the letter from her company late last week and I have written a letter in return.


She said since I had 'hung up' on her last time, she noted that I refused to pay.


I said that I did not refuse to pay, I have sent a letter in return.


She asked what my letter said.


I said that I did not wish to discuss it on the phone.


She said, "Then you can discuss it with the judge in Hazzard County" And hung up.


Wow. They cannot sue me without sending a validation first, can they?

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Can they?


Sure... why not?


But if they filed against you after they got your DV, that would be a violation right there.


If you recorded that convo with her, you techincally have another violation as well. (False and misleading info)





ETA: I love it how they ask what was in the letter. I always say the same thing - I was very clear in my letter which you received on blah blah blah date and I don't wish to discuss it on the phone.


They keep trying to talk about it... :dntknw:

Edited by RacerX780
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I don't know what to do now.


I looked through my paperwork and noticed that the last statement from the OC had a payment due date of March 19, which was just a few days ago. So I thought perhaps this CA was just assigned to the account since the OC statement gave the appearance the account was still with them.


I called the OC this morning and was referred to their in-house collections dept where I was told that the account was sold February 27.


Not what I wanted to hear. That means the CA has actually bought the account and now I'm stuck dealing with them.


I told the OC person that the statement I had showed a payment due date of some 20 days after the date the account was sold; what if I had already sent a payment to the OC? She said that they would forward it to the new account owner.


I what they would do if I sent them any payments at all and she said, "I wouldn't send a payment on an account that's been sold." And then said she could give me the CA's number to call them.


Now what?


I can't talk to the CA on the phone. From all I'm reading, I'm not supposed to make any deals with them, etc. I can't make any arrangements with the OC.


I just have to sit here and wait until I'm served a summons?

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Is the debt within SOL?


They can't file suit that easily, and by threatening to do so, it's a violation....


Please stop talking to them!!


Yes, the debt is within SOL. It was just charged off and sold at the end of February.


I guarantee that I will not be talking to them on the phone again. Even if I accidently pick up and it's them, I'll hang up immediately.


I'm just spinning in circles trying to figure out what I can do. I'm supposed to be preparing for a weekend trip to see family and all I can do is stress over this.

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Chase's in-house collections dept won't do anything for you?


I really don't know how to answer this, I haven't had any experience with current derog's that are within SOL... anything within SOL on my reports I've left alone so far.

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Chase's in-house collections dept won't do anything for you?


I really don't know how to answer this, I haven't had any experience with current derog's that are within SOL... anything within SOL on my reports I've left alone so far.


They said the account was sold and I have to deal with the new owners of the account now.




The frustrating thing is, I want to pay on the account. I can't pay it off by any stretch and I couldn't make the minimums when it was with the OC, but they wouldn't help me back then. I just sent in what I could, when I could. Stupid interest of 32% once it was late just made the whole thing impossible to contain after a certain point.


Now they've sold it to a group who will probably sue me; though I don't know what they think they are going to gain from that other more debt that's over my head.


I try to live positively, even in the face of adversity; but this situation is so depressing that I can't even find the words to express it.

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