Beginner needs help, please.

I everyone. This is my first post and I am new to this forum. I have been reading through trying to figure out how all this works. If I do or say something, well stupid, please forgive me. From what I have read so far, I know I need to do a lot of studying, but I don't know where to begin. This is my story.
I had surgery, signed a promisorry note to pay $51 per month, but at the time of signing, did not know that I would receive 15 different bills for the same surgery, so I reduced the payments so I was able to make payments to everyone. I wrote all the people I was receiving bills from, advised them my financial situation, gave them copies to prove I had the bills and advised that as I paid one debtor off I would increase my payments until they were all paid. Everyone has been extremely cooperative with me except for one company and that's the one I signed the promissory note to. Although I have never not made a payment, they still turned me over to collections. I disputed the collection with the agency and continued to make payments to the original debtor. They have now turned me over to an attorney plus have added the cost of the collection agency and attorney fees, although I have never not made regular payments to them. And I am currently back up to paying them the original $51 on the promisorry note. Can anyone help me and tell me where I need to start? Thank you sooooo much to all you people out there that just care!

[seeker]

Sounds like you reaffirmed the note a time or two, but .... they did not provide you full disclosure either. Did you receive a reply to your validation request? If you have not, check the downloads regarding VoDs and become familiar with them, then, if you are comfortable, use them. You should be able to run a search and find some very informative threads within this forum to assist you in your learing process.
Start studying and then go forward.
Ask questions. It's the only way to understand what you read. But do READ!

Seeker

Thanks for your quick reply!! What do you mean by "they did not provide you will full disclosure" As far as validation, the collection company sent me a copy of the medical bill I was receiving from the surgery center. I has sent a copy also to the surgery center and asked that they both give me a full explanation of charges. All I ever got was a bill that said you owe this amount. Somewhere along the way, someone told me I did not owe money to the collection agency, so after that first payment to them, I stopped and resumed payments to the surgery center and they accepted all payments, but turned it over to an attoryney anyway. What type of search do I need to run for informative threads. Please excuse my ignorance, but I am new to this collection game. I just don't understand how you can make payments on a regular basis and still get turned over to collections and an attorney. At some point, does this not become harrassment? I thought there was suppose to be a law that said as long as you paid them something they weren't suppose to be able to bother you?! Thanks for your help. It is greatly appreciated!!!!

[seeker]

Go to the members only forum and look up downloads -- check the FDCPA -- this outlines who can do what, why and how -- and what your remedies are.
Collection agencies and attornies who do debt collection are subject to the FDCPA -- and you have the right to verified validation of the account -- not just copies of statements, etc. You have the right to see the original contract you signed;you have the right to know that they told you if you had choices r/t siging a promissory note -- you need to know if the hospital, etc has charged off the account, received any kind of compensation or credits for it, and how; what they risked, what they lost, lots of questions.

Collectors have no rights -- YOU do. Exercise them!

Seeker

Printed that out today and will start studying it tomorrow am. The last communication I had with the attorney was a letter saying thank you for the payment (which I did not send them one) and the balance must be paid in full by the 10th (which has now passed), but she (atty) did leave a voice mail on my phone the other day asking me to call. I did not. They have the balance as $753 when I only owe $250, the other amount are fees they have added on. They way I feel about it, even if they do sue, I'm going to take my documentation to the judge and say, why was i sued? I didn't ever not pay them. There has got to be something out there that calls this harrassment. Any ideas on that. Thanks for your response. I really do appreciate your help.

[seeker]

It's in the FDCPA -- phone calls -- Did you within the 30 day period ask for verified validation? IF not, and it isn't too far past, do it. Do it NOW. You must demand that they verify the validity of the debt they purport you own to them -- and how did you get to owe them? did you sign contract? Did you agree in writing?
You need to get this now. If you go into court with your current thoughts, you'll be paying them the 700+ FRNs and court costs -- guaranteed.

Get some documents together. They are in the downloads. VoD for the Debt Attorney (DA), the collector, and every one else. Do it through a notary who can witness the non-response -- and have them sign a certificate of non-response;then give them an opportunity to cure (if you choose) and give them three days to do so -- then have the notary witness the non-response to your generous offer and sign a Certificate of Default, Judgment by Estoppel. If you don't know what these terms are, you need to study more.

You need the verified validation to ensure that the correct holder is being tendered payment (no, I didn't say being paid), and that there are not a half dozen more out there waiting to get ya!

JMHO, not legal advice.

Seeker

Originally Posted by seeker

It's in the FDCPA -- phone calls -- Did you within the 30 day period ask for verified validation? IF not, and it isn't too far past, do it. Do it NOW. You must demand that they verify the validity of the debt they purport you own to them -- and how did you get to owe them? did you sign contract? Did you agree in writing?
You need to get this now. If you go into court with your current thoughts, you'll be paying them the 700+ FRNs and court costs -- guaranteed.

Get some documents together. They are in the downloads. VoD for the Debt Attorney (DA), the collector, and every one else. Do it through a notary who can witness the non-response -- and have them sign a certificate of non-response;then give them an opportunity to cure (if you choose) and give them three days to do so -- then have the notary witness the non-response to your generous offer and sign a Certificate of Default, Judgment by Estoppel. If you don't know what these terms are, you need to study more.

You need the verified validation to ensure that the correct holder is being tendered payment (no, I didn't say being paid), and that there are not a half dozen more out there waiting to get ya!

JMHO, not legal advice.

Seeker

I read the FDCPA, but didn't see anything about phone calls except what times they could call u and they can't use abusive language.

When the first collection agency contacted my I sent a dispute and requested verification, but it wasn't VOD form as I've learned here, but all I got was a copy of the bill the surgery center was sending me. Someone told me I didnt owe the CA any money so I started my payments back to the medical center. The CA called a few times but I never answered the phone. When I got a letter from the atty I sent them a letter back asking just what was required to satisfy this since I had always made payments, had never not made payments and did not understand why it was turned over to collections in the first place. That's when she sent the letter and said thank you for the payment, which I did not send her, and to pay the balance by 9/10. A few days later there was a msg on voice mail from the atty, but I never returned her call and I'm still sending payments to the medical center for the surgery. I tried to research MS law today but cannot find anything that speaks to my particular situation. I don't understand how they can turn it over to collections and to an attorney when I have been making payments all along.
The CA doesn't call anymore. Should I send the VOD to the attorney? I haven't heard from them in 2 weeks. I have been told that I don't owe the attorney any money either since I don't have a contract with them but if they are trying to collect a debt, does that matter. As far as a contract with the surgery center, I did sign a promissory note when they did the surgery which said I would be responsible for collection and legal fees if I did not pay according to the terms. There was a few months where I sent them less, but I also sent them a letter explaining why - I didn't know I was going to get so many bills from so many different offices. The amount that they billed me was also higher, not including the legal fees, than they stated on the promissory note without any notice of why or what it is for. Any and all suggestions are greatly appreciated.

[seeker]

Go into the downloads and open the Presentments file -- some good stuff there -- way at the bottom. It should give you some info.

It sounds like this may be a bit beyond your current capacity -- not trying to be mean, but you sound totally overwelmed. If you can take a deep breath and say to yourself -- "There is no money" I cannot pay a debt with more debt" I don't feel that you have this whole concept down, or your comments would be a bit different.

No, you don't own the attorney any thing, nor the collector. If it were me, I would not be sending any thing of value to any one until ALL parties answered the VoD request so I knew WHO was the Holder and who was blowing smoke up my skirt for a quick grab! LOL


The FDCPA says that they cannot contact you again except to provide the requested information. If you did not receive proof, send them another letter saying, "Thank you for your reply whichi si unresponsive. Please provide a certified copy of the contract you allege I have with you ...etc."

Keep asking. And use a notary to send the letters.

Get those files open and see if they make any sense. There are a couple by Dan Benham there that you need to read, and a link in another thread that has audio files of him -- do a search and go listen. Maybe it will all make more sense then.

Good luck!

Seeker

Originally Posted by seeker

Go into the downloads and open the Presentments file -- some good stuff there -- way at the bottom. It should give you some info.

It sounds like this may be a bit beyond your current capacity -- not trying to be mean, but you sound totally overwelmed. If you can take a deep breath and say to yourself -- "There is no money" I cannot pay a debt with more debt" I don't feel that you have this whole concept down, or your comments would be a bit different.

No, you don't own the attorney any thing, nor the collector. If it were me, I would not be sending any thing of value to any one until ALL parties answered the VoD request so I knew WHO was the Holder and who was blowing smoke up my skirt for a quick grab! LOL


The FDCPA says that they cannot contact you again except to provide the requested information. If you did not receive proof, send them another letter saying, "Thank you for your reply whichi si unresponsive. Please provide a certified copy of the contract you allege I have with you ...etc."

Keep asking. And use a notary to send the letters.

Get those files open and see if they make any sense. There are a couple by Dan Benham there that you need to read, and a link in another thread that has audio files of him -- do a search and go listen. Maybe it will all make more sense then.

Good luck!

Seeker

Overwhelmed? Gee, you think..lol....I started reading How I Conquered... tonight...wow, that has been an eye opener so far, and has raised a lot of questions, and right now I am doing the ACIM from the download page. Really need to go to bed, but can't seem to pull myself away. I'll take a look
at the Presentments and see what I get there.

Are you suggesting I send the VOD to all 3 involved or just the atty?
Again, thank you sooooo much.

Originally Posted by seeker

It's in the FDCPA -- phone calls -- Did you within the 30 day period ask for verified validation? IF not, and it isn't too far past, do it. Do it NOW. You must demand that they verify the validity of the debt they purport you own to them -- and how did you get to owe them? did you sign contract? Did you agree in writing?
You need to get this now. If you go into court with your current thoughts, you'll be paying them the 700+ FRNs and court costs -- guaranteed.

Get some documents together. They are in the downloads. VoD for the Debt Attorney (DA), the collector, and every one else. Do it through a notary who can witness the non-response -- and have them sign a certificate of non-response;then give them an opportunity to cure (if you choose) and give them three days to do so -- then have the notary witness the non-response to your generous offer and sign a Certificate of Default, Judgment by Estoppel. If you don't know what these terms are, you need to study more.

You need the verified validation to ensure that the correct holder is being tendered payment (no, I didn't say being paid), and that there are not a half dozen more out there waiting to get ya!

JMHO, not legal advice.

Seeker

What is the difference between the miracles doc in member downloads under debt collectors and new beginnings under ucc- they are extremely similar but not the same?