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BrokeBob

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Everything posted by BrokeBob

  1. They are required by Federal law FDCPA to send you a letter within 5 days of the initial call. If they don't, they have violated the law, and you can sue them in Federal court for $1000 plus attorney's fees and court costs. If they do send a letter, within 30 days send a demand for Validation of Debt. If they contact you after sending the letter, and before validating the debt, you can sue them for $1000 plus attorney's fees. Make sure you note that the debt is DISPUTED. If if shows up on the credit report as not disputed, you can sue under the Fair Credit Reporting Act. If they threaten to sue you on a statute barred debt, you can sue them for $1000 plus attorney's fees in Federal Court. You should also check out the Kansas state laws. Chances are, if you send them a demand for Validation of Debt, they will leave you alone and find someone they can bully more easily. If not, they are probably setting themselves up for a suit. Google debtorboards dot com. There are people there more knowlegable than I, and you might find someone from Kansas who knows the state laws there. If you suspect they have broken any Us or Kansas laws, consult an attorney.
  2. From the US: What state are you in? In some states, such as DE or VA, the local statute is 3 years. In Ohio, the statute is 15 years, but you may be able to fight it if the debt is statute barred in Austrailia. In the states of WIsconsin and Mississippi, it is ILLEGAL to attempt to collect a debt past the statute of limitations. YOU can sue THEM for violating your rights in those states. (I am in Wisconsin.) Whatever state you are in, look up the FDCPA (Fair Debt Collection Practices Act) and the FCRA (Fair Credit Reporting Act). In addition, check the state laws. Some states, esp. California and Wisconsin, have very tough laws. In a few states, such as Minnesota and some others, ignoring court appearances could land you in jail. Not joking. Be very careful if sued in those states. I would VERY strongly suggest checking out the best American debtors' web site. I cannot post links, but look up debtorboards on the US Google. That site has saved its users well over $1 million. The $1 million given there is a very conservative number. I know one person who has benifitied to the tune of between $600,000 and $700,000. I expect to come out over $100,000 ahead myself, based on alleged (I don't admit the debts) debts being wiped out and penalties collected from debt collectors. Know your rights, and you can make this go away! You may also be able to turn the tables and sue the debt collectors.
  3. From the US: First, for people in danger of getting sued in the US, the advice to look up the FDCPA (Fair Debt Collection Practices Act) is VERY wise. Let's just say I've had several cases dismissed in the US, and I cannot give details due to non-disclosure agreements. Second, for people living in the US, I want to give the same advice I gave on the original thread: look at the web site: http://www.debtorboards.com/ (I cannot post links now. Look up debtorboards on the USA Google!) This site will give LOTS of advice about statutes of limitations, FDCPA, FCRA (Fair Credit Reporting Act) and arbitration provisions. This is stuff I have used to make a lot of alleged debts (I won't admit them!) disappear.
  4. Senators are pretty useless in this regard. They are generally owned lock, stock and barrel by the large corporations. Especially the grumpy old men from Arizona, Jon Kyl and John McCain. Some congressmen are helpful, but your best bet may be to contact the attorney general. I don't know if the AZ AG is any good. Some of great, some are useless. The AG for my state is completely useless for consumer matters. The best bet is usually to find a private attorney.
  5. Did they send it to you personally at the employer's address, or did they send it to your employer? If they sent it to your employer, they are violating several US federal laws. If they threaten you with actions they cannot undertake, they may also be violating US federal law. I don't know enough about the law or your case to tell you if they are violating any laws. There are some good attorneys in Arizona. Go to the debtorboards or the credit-info-center forums web sites and ask people there for the name of a good attorney.
  6. May an American give a bit of advice on how to procede on this end? As far as how to deal with these con men in the UK, I cannot help you at all. The advice you will get from others is what you should pay attention to. Debtors in the US often have more rights than do debtors in the UK, but in this case it appears to be the other way around. If you owe money in the US, but move out before it is statute barred, the time freezes while you are out of the country, and is reset when you return. So, you could leave for 20 years, and still get sued. That does not appear to be the case in the US. If they somehow decide to file suit against you in the US, there are a few things you should know. First, if they sue you, the judge may be completely confused. Most American judges have no idea whatsoever how to handle overseas debt. So, your best bet would be to file a Motion to Dismiss based on the fact that the local court has no jurisdiction over the matter. Second, the statute of limitations on debt varies for different states, and for different types of debt. In Delaware, the debt is statute barred after only 3 years, but Ohio it would be 15 years. So, if you are in Delaware or Virginia or some other state with a shorter statute of limitations than back home, file for dismissal if the debt is any older than the local SOL. Otherwise, file for dismissal if the debt is older than the statute back home. IMPORTANT: The judge will not dismiss the case if you do no bring up the point. If you live in Wisconsin, it is illegal for they to try to collect statute barred debt. You can counterclaim for damages, or $1000, whichever is greater. Third, in virtually every state in the US, you can demand they prove that (a) the debt is real and (b) they actually own the debt. Most of these debt buyers, what we in the states call junk debt buyers, don't HAVE the proof required to win a case in court. Fourth, there is a very good chance they will violate US and state laws in debt collection. Read up on the Fair Debt Collection Practices Act, and the corresponding state statutes. They ALWAYS violate the FDCPA. The penalty is $1000, and/or damages, plus attorney's fees. So, if you spend $3000 on an attorney and $500 on court costs to file a claim against a debt collector for FDCPA violations, they will wind up having to pay $4500, of which $1000 goes to you. Finally, realize that a number of judges just plain hate anyone accused of being a debtor, and may well ignore all the laws. In that case, you would need to appeal to a higher court. For more information about American debt laws and courts, I would suggest the forums at http://www.debtorboards.com/
  7. May an American give a bit of advice on how to procede on this end? As far as how to deal with these con men in the UK, I cannot help you at all. The advice you will get from others is what you should pay attention to. Debtors in the US often have more rights than do debtors in the UK, but in this case it appears to be the other way around. If you owe money in the US, but move out before it is statute barred, the time freezes while you are out of the country, and is reset when you return. So, you could leave for 20 years, and still get sued. That does not appear to be the case in the US. If they somehow decide to file suit against you in the US, there are a few things you should know. First, if they sue you, the judge may be completely confused. Most American judges have no idea whatsoever how to handle overseas debt. So, your best bet would be to file a Motion to Dismiss based on the fact that the local court has no jurisdiction over the matter. Second, the statute of limitations on debt varies for different states, and for different types of debt. In Delaware, the debt is statute barred after only 3 years, but Ohio it would be 15 years. So, if you are in Delaware or Virginia or some other state with a shorter statute of limitations than back home, file for dismissal if the debt is any older than the local SOL. Otherwise, file for dismissal if the debt is older than the statute back home. IMPORTANT: The judge will not dismiss the case if you do no bring up the point. If you live in Wisconsin, it is illegal for they to try to collect statute barred debt. You can counterclaim for damages, or $1000, whichever is greater. Third, in virtually every state in the US, you can demand they prove that (a) the debt is real and (b) they actually own the debt. Most of these debt buyers, what we in the states call junk debt buyers, don't HAVE the proof required to win a case in court. Fourth, there is a very good chance they will violate US and state laws in debt collection. Read up on the Fair Debt Collection Practices Act, and the corresponding state statutes. They ALWAYS violate the FDCPA. The penalty is $1000, and/or damages, plus attorney's fees. So, if you spend $3000 on an attorney and $500 on court costs to file a claim against a debt collector for FDCPA violations, they will wind up having to pay $4500, of which $1000 goes to you. Finally, realize that a number of judges just plain hate anyone accused of being a debtor, and may well ignore all the laws. In that case, you would need to appeal to a higher court. For more information about American debt laws and courts, I would suggest the forums at http://www.debtorboards.com/ http://www.debtconsolidationcare.com/social-answers/popular-questions.php
  8. May an American give a bit of advice on how to procede on this end? As far as how to deal with these con men in the UK, I cannot help you at all. The advice you will get from others is what you should pay attention to. Debtors in the US often have more rights than do debtors in the UK, but in this case it appears to be the other way around. If you owe money in the US, but move out before it is statute barred, the time freezes while you are out of the country, and is reset when you return. So, you could leave for 20 years, and still get sued. That does not appear to be the case in the US. If they somehow decide to file suit against you in the US, there are a few things you should know. First, if they sue you, the judge may be completely confused. Most American judges have no idea whatsoever how to handle overseas debt. So, your best bet would be to file a Motion to Dismiss based on the fact that the local court has no jurisdiction over the matter. Second, the statute of limitations on debt varies for different states, and for different types of debt. In Delaware, the debt is statute barred after only 3 years, but Ohio it would be 15 years. So, if you are in Delaware or Virginia or some other state with a shorter statute of limitations than back home, file for dismissal if the debt is any older than the local SOL. Otherwise, file for dismissal if the debt is older than the statute back home. IMPORTANT: The judge will not dismiss the case if you do no bring up the point. If you live in Wisconsin, it is illegal for they to try to collect statute barred debt. You can counterclaim for damages, or $1000, whichever is greater. Third, in virtually every state in the US, you can demand they prove that (a) the debt is real and (b) they actually own the debt. Most of these debt buyers, what we in the states call junk debt buyers, don't HAVE the proof required to win a case in court. Fourth, there is a very good chance they will violate US and state laws in debt collection. Read up on the Fair Debt Collection Practices Act, and the corresponding state statutes. They ALWAYS violate the FDCPA. The penalty is $1000, and/or damages, plus attorney's fees. So, if you spend $3000 on an attorney and $500 on court costs to file a claim against a debt collector for FDCPA violations, they will wind up having to pay $4500, of which $1000 goes to you. Finally, realize that a number of judges just plain hate anyone accused of being a debtor, and may well ignore all the laws. In that case, you would need to appeal to a higher court. For more information about American debt laws and courts, I would suggest the forums at http://www.debtorboards.com/
  9. It happens here as well. You would be amazed at how many people, SMART people at that, completely roll over to the debt collectors. This in spite of the fact that the laws are stronger here, especially in Wisconsin. The fact of the matter is, the US and UK are similar in another way. The main weapons of the debt collectors are the fear and ignorance of the alleged debtors. With the knowledge I have gotten from US forums, I can face the debt collectors without any fear, and with full knowledge of my rights. They tend to fold after that. Some of the British tradition of not talking about money matters is in the US as well. I won't reveal my family name, but it is a very English name. My father's family was from a part of the US called New England, and so they preserved the British customs even more, so I don't even have a clue how much money either of my brothers have, or what their houses are worth, etc. . My great-grandfather's second cousin, Jenny Jerome, even went to England and married Lord Randolph Churchill. It doesn't surprise me to see Brits finally standing up for your rights. You stood up to the Nazis alone for a while, and your and my ancestors been fighting for your rights since the time of the Magna Carta. So, to steal from my famous distant cousin, let's fight them on the beaches, fight them on the fields and streets, and fight the [email protected]@rd$ in the court rooms.
  10. I was afraid of the umbrella part. My good luck can't last forever. Still, the last time I was in England, a little over a year ago, it was pleasantly cool in England, and about -30C back home. My flight out fo Heathrow was delayed because it was too darn cold to fly planes in the US. I spent an hour in -22C weather in Chicago, in row 1A, with the door wide open. Then, when I got back to Wisconsin, it was -23C and VERY windy. I was dressed for England. My car locks had frozen shut, and it took me about 15 minutes to open my car. I thought I would get frostbite. So, when you complain about your weather, just remember it could be worse. I have looked over this forum a little. It appears that debt collectors are **** in both the US and the UK. Many seem to be the schoolyard bullies all grown up, and still with the same mentality. There is rather satisfying to casually mention at some point in the conversation, "Oh, by the way, I'm recording this call". Their bluster often quickly turns to fear.
  11. Something to be said for that. These days, the enemy is crossing borders quite easily. One collection agency that has committed violations against me is based in Ontario, with their main US office just across the border in Buffalo, NY. That part of NY is notorious for its dodgy collection agents. So, I got a lot of calls from Canada. I looked them up in a Canadian forum, and found that they violated laws there, but a different set of laws. I also used to get a lot of calls from collection agents in India, some of whom could barely speak English. Also, one of the fellows in the Credit Information Center forums is being sued in California for debt aquired in England. He is trying to get that removed from the California courts, since only the English courts have jurisdiction.
  12. I stumbled onto this site, and this thread, from Google. I am in the US, so I may be able to give you folks a bit of a perspective from an American debt warrior. This fellow Cunningham frequents the Debtorboards forum, run by Steven Katz, aka flyingifr. I sometimes post on that forum. I more usually post on another forum, the Credit Information Center forums. Steve Katz posts a lot on that forum as well. These are forums for those of us who want to know our rights, and are willing to fight the creditors and collection agencies. I don't know about the debt collectors in the UK. In the US they tend to be absolute pond ****. And those are the good ones. Some debt collection outfits are actually criminal enterprises. Some states are worse than others. New York has tended to have to worst debt collectors. Now, the Atorney General for the State of New York, Andrew Cuomo, has declared war on them. He has shut down a few debt collectors, is suing some others, and is investigating still more. There have been times when he has sent police into the phone rooms of debt collectors and have the supervisors dragged out in handcuffs. Also, the state laws and state courts vary so much, there are often huge differences in the protection. All of us in the US are protected by the FDCPA. The fines are rather low, because they were set more than 20 years ago. Still, there are also ways to collect attorney's fees, which are often substantially higher than the fines. A fine of $1000 is nothing to some of these debt collectors, but paying a few thousand for the debtor's attorney's fees is. That is why sometimes the debt collectors will settle for a few thousand. This fellow Cunningham is in Texas, which has some of the best consumer protection in the world. Florida also has a lot of protection. Texas also has no income tax, and anyone in the US can become a Texas resident. That is why we have a certain number of nomadic pensioners who travel around the states, and have a postal box in Texas as their official residence. They don't pay state taxes, and it is hard to collect their debts. Right now Wisconsin is a good place to be a debtor. I will probably be able to completely walk away from over $100,000 in (alleged) unsecured debt. (NOTE: Sometimes lawyers in the US monitor these boards. That is why we never admit that the debt is real. They say I owe the money, I say I don't, now they have to prove it!) If anyone has any questions about how things are done here in the US, please let me know. BTW, I do sometimes travel to England for business or holiday. The strange thing is, the weather is almost always truly lovely when I am in England. I don't know why. One time I came after the worst flooding England had had for about 400 years, and the rain stopped between the time my plane landed and when I disembarked. Then bright and sunny the rest of the time. I tell folks in England that the stories of England being a rainy place are just a myth. However, I will visit England for a couple of weeks in March. Should I bring an unbrella?
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