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Judgement threatened

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stillfighting View Drop Down
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    Posted: 29/December/2009 at 11:39am
Hi all,
I have read several pages of the Collectcorp forums. Although our situation is slightly different I am sure I can get some great advice from you folks. My wife and I met in 1995 and in approximately 1996 my wife had gotten a Mastercard through Canada Trust in her name prior to our marriage. We made our payments through the years and were married in 1999.
 
I was in the U.S. Navy and stationed onboard submarines. Needless to say once married I took orders to a boat out of Hawaii and we had our first child. She had to quit her job to care for our boy and her student loans and mastercard payment had to give. As a lowly enlisted sailor I wasn't making enough money to provide for everything and we prioritized. We moved several times and after a few years I lost track of the creditors and they lost track of us.
 
Fast forward to the present recently (spring 2009) we took out a loan from Wells Fargo so I could attend a school. Wells Fargo pulled my wifes credit report ans saw a debt reported for $3800.00 and another for roughly $6000.00. We immediately new what they were and used our savings and income tax returns to pay off the $6k for the student loan. Wells Fargo wanted us to pay off our collections with a portion of the loan. After several phones calls I learned that the debt was sold several different times ultimately ending up in the caring hands of our friends at Collectcorp!
 
I contacted collectcorp with the intention of making a settlement on this 10+ year debt.  I offered $2000.00 with the stipulation that I recieved a letter from Collectcorp stating the debt would be considered settled upon reciept of the 2K and that I needed an answer that the amount was in agreement in 2 days time or I would use the money to take care of other debts.
 
The two days came and went with no word from Collectcorp so the money was used elsewhere. Approximately 5 days later I recieved a call from Andre Arias at Collectcorp indicated the settlement was accepted all I needed to do was send the money. I informed Andre the 2 days had lapsed and the money was no longer available. This is where things go south! They began with the harrassing phone calls completely filling up our voice mail. After a couple of weeks of leeting them brew this over Mr. Arias and I were able to speak on the phone again and he immediately began with the guilt tactics.
 
I informed hime that he knew what my stipulations were and that he failed to meet the time conditions of the arrangement. I then informed j=him that this was a 10 year old debt and that soon enough it would have to go away anyway, but I would be able to pay $1800 dollars to settle. They told me the answer was "NO" and that now I had to pay the amount of $6800. I told him that the credit report said we had a collection account in the amount of $3800 and did not owe anyone 6800 and hung up.
 
Since then my wife has recieved several phone calls at her place of work and she has repeatedly told them to stop all calls to her place of employment. So they rotate who calls her at work now ( never the same person twice). Recently she has been recieving calls from people representing Noel Daley and associates stating that they are filing a judgement and they are calling for due dilligence.  Now that you have a condensed version of our story, here are my questions. By admitting we had a debt and trying to structure a settlement did we risk losing stas barred ( I recently discovered we may have been)? Secondly can they really file for a judgement on a debt this old? To be honest my discussions with theese people have been very unpleasant, and they constantly lie ( shocking right???).
 
I don't intend to pay them a dime unless I absolutely have to as the damage to our credit report has already occured and we've weathered the storm so to speak. Any advice would be great. These people don't scare me and they can't play mind games with me as they mean nothing to me. Once again your advice would help me determine just how far they can actually go! Thanks.
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Johnny View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 30/December/2009 at 4:07am
How far they go is determined by: a) what avenue of execution they have available, and; b) whether or not they are actually able to action it. Right now they are threatening it. Every collection agency in Canada right now has these threats spewing out to the indebted population that is feeding on.
 
You are dealing with a collection agency who is going to do everthing in their power to overcome your objection to what they are demanding of you. I can give you lots of advice but this will require a lot of time. These problems cannot be solved with some quick advisory session about duking it out with debt collectors. To effectively handle these problems you need to be able to understand and address the formal and informal issues. 
 
Call me if you want that help.
 
Johnny  
 
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

solvestudentdebt.com
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stillfighting View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote stillfighting Quote  Post ReplyReply Direct Link To This Post Posted: 30/December/2009 at 9:22am
Johnny,
Thanks for the reply. The contact from Noel Daley and associates yesterday prompted me to actually post on here. At that moment I did some quick research and saw that the phone numbers and addresses didn't line up with another Noel Daley I found on lawyerlocate.ca. I sent an e-mail to the former briefly outlining that I have been contacted by someone claiming to represent his law office about an account I could not recall ( as I don't want to acknowledge this account without documentation) and that I feared that I was either being conned or someone may be misrepresenting his firm. He sent me an e-mail and thanked me and asked that I cantact him to discuss what was going on. I called ( rookie mistake) it turns out that he does in fact own this office as well. I have read posts in forums that they are two different entities. Bottom line is this although he was a pleasant man to speak with as compared to collectcorp he says he does intend to take this to court unless we can reach an arrangement. We agreed that he would provide written documentation of the debt and we move forward from there. What i'm driving at is this. I understand that collection companies are in business to collect on debts ( legitimate work) the methods used, however are not always forthcoming and underhanded. My fear is this: if I work with this man I may be able to settle this out of court for a fraction of the debt, but still may end up having to pay a large sum of money I do not have to keep this out of court, if I go against the grain I may end up in court paying a lot more money and doing more long term damage to our credit file. I am still a bit baffled on the legitimacy of filing judgement on a debt over 10 years old as stats barred in Ontario is 6 years, and Federal is 10. I don't want to waste your time for something I may be able to handle quite easily if it only means ignoring empty threats and changing my phone number. So how do I figure out if this is a stats barred debt or if I need to play well with Mr. Daley. Once again i'm not trying to dodge a debt, but the truth is several people have made money off of this debt over the years and we have suffered our share by paying extremely high interest rates for the last 10 years. I am defintiely willing to pay some of this , but definitely not all. So can your truly help me achieve the end result I am looking for or are we talking typical debt restructuring/settlement? Thanks again for your input.
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Johnny Quote  Post ReplyReply Direct Link To This Post Posted: 31/December/2009 at 3:29am

Have you actually been served? THis all could be a ploy to get you to acknowledge the debt. This sort of thinmg happens. Collection agencies are creative. You really have to undertstand this stuff. Right now, you are are blindfolded, and being told to walk through a mine field. If I help you, then the blindfold is removed and you know where all the landmines are. THere will be no need to even walk through the field though because I will create a safer pathway for you to travel so you can get to where you need to be without incident. You follow? I can help you solve this, for sure.

Have a safe and happy New Year!
 
Johnny
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

solvestudentdebt.com
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