Dealing with a collector? threatening lawsuits?

Question

i never heard from this out fit until last week and this guy named MR. Toff from a company called PALISADES. Mr. Toff demanded 2348 from me today from a providian card that i had. He told me that if i do not pay it today he will file a law suit against me. I know i did have a providain card years ago and it was charged off. I ran in to some financial problems after a accident. So i pulled my credit report up and this was my findings. It showes Providian was charged off and the date of the last activity was on 12/2000 and no date of last payment was on there. Now this Palisadas is on there showing date of the last activity 12/2000, date major deliquency reported on 8.2007. it also showes the balance 1665. Just looking at some of these numbers something is illegal. I live in the state of MN if that helps. Never been in this situation.

Answer 1

the date of last activity is 12/2000 meaning it will stay on there until 12/2007 plus a few months.

there is nothing illegal about the balance because additional fees have been added.

one responder mentioned "recording and telling", recording must be disclosed and telling them to not call you does NOT protect your rights under the regulations. you must send a letter to them ask that they conduct any further communication by mail only.

in a very few states the fact that you simply talked to them means your SOL for collections could be restarted.

stay off the phone, write the letter and find out the regs for the SOL for collections in your state.

comment

that payment plan by sugar bear is very likely going to extent your statute of limitations for collections as discussed above.

Answer 2

first off, CHANGE YOUR PHONE NUMBER. This guy Mr. Toff is nothing more than an employee of that Collection Agency Palisades. So, him threatening you lawsuit is HIS JOB. That's how they do it, trust me. My suggestion to change your phone number is a good idea b/c if not, he will be calling you all day, every day. I'm not saying to ignore this debt, but what you should do is LOOK INTO IT & try to pay little at a time, say $40 per month or whatever you can afford. First off, find out what the amount is, if it's different from your credit report to what Mr Toff is saying, most likely some interest has been added to the balance. As long as your making payment on it, they can't sue you. Another way to get him to stop calling you is to write them a letter requesting NO PHONE CALLS, by law you are able to do this. And by law, they have to stop calling you & harassing you upon receiving that letter of yours. Pay the bill in installments, tell them that's all you can do. Besides, you can't get in trouble from not paying a bill unless it's illegal (meaning you ran up the bill doing something illegal).

Answer 3

Start by getting this clown's name, company, address and phone number. If he will stop to listen, tell him you have gotten the credit report and are contacting Providian (get their phone number from him if he will or from the credit report or from the internet.)
Call Providian and keep a log of every phone number and the name of everyone you talk to with dates and times. Whenever somebody wants to transfer you, ask who you are being transferred to and their phone number and make sure you can get back to the person sending you with a name and phone number.
File a block with the credit company indicating you have nothing to do with the charges.
If he keeps calling you and you have an answering machine, change the message to out him publicly - like "Excuse me but a Mr. Toff from a company called Palisades has been harrassing me about a credit card I closed years ago and demanding immediate payment. While I deal with the company and the false entry on my credit report, he keeps calling all hours, breaking the law, so I am putting all calls on this answering machine. Leave your name and phone number and please excuse the inconvenience." Reduce the ring count for immediate pickup if you don't have Caller ID.
I have done this latter when a bunch of kids started calling my number and when someone refused to believe I was not hiding his girl at my place. Making it public stopped the calls pretty quick.

Answer 4

First..Get debt validation from that Palisades company make sure you send the letter return receipt requested...If you get the card back they will have 30 days to respond to you.The validation latter must have a detailed list of charges and dates
if it was more then seven years ago call the big 3 credit reporting agencies and dispute the negative trade line.

Was this debt more then 7 years ago? Then the collection company can not touch you ask them to stop calling you also ask for a address so you can send a letter to stop calling you as well

Answer 5

Record your next call with him where you wish him not to call in compliance of the Telephone Consumer Protection Act. Failure for him to stop calling will result in you filing a complaint. Let him know the calls are recorded and will be turned over with your complaint. Be polite but firm. Repeat your message and do not answer any of his questions (he will just try to lead you away from your resolve).

Then, ignore him. Pay him nothing. He is working commission and will only annoy people he thinks will pay. The odds of him suing are very small. He won't make anything off of a suit, the credit card company will. He also won't have time for a suit as they take a long time to complete. He will move on to another opportunity. Two grand is small potatoes compared to other people.

He can pull your credit report. That is common. Credit card companies pull reports of people constantly looking for opportunities for new customers.

Check your rights on the link below.

Answer 6

i googled your states statute of limitation - its 6 years from date of last activity - consult an atty - you are not legally liable for this debt if your date of last activity is 12/00 like you say.