     Eric Lammle (Ericmn) | Friday, June 16, 2000 - 05:30 am 
I am currently dealing with a collection agency that acquired my car debt after a repo (I signed for a car for my mother that she didn't pay for). With the original creditor (before it was charged off), I retained an attorney and told them via phone and in writing not to call me, they stopped.
Well, when the debt was acquired by the current company, they started calling again and sending their little "bills" sometimes demanding payment in full, sometimes offering a 50 percent settlement. They have the car, at best I'd offer 10 percent. Well, I advised my attorney and called them on the phone to tell them I was represented and not to contact me. The phone calls stopped, but I still get their goofy letters. About a month ago, I sent a letter to them demanding that the correspondence stop as well. I didn't send the letter certified, but I sent a copy to my attorney at the same time.
Well, surprise in my mailbox today. Another one of their stupid little bills. I'm sick of this. Can I file a complaint at this point with the FTC? or should it be done on the state level? Or should I give them one more chance and send a certified letter this time, then wait for them to mail another 'bill' before filing a complaint?
I have retained all correspondence from/to them and logged all phone calls I've received. My main goal is to get their conduct to stop.
Another side question: This debt is actually my mother's - basically I signed for her car since her credit was so awful, although her name appears no where on the purchase agreement. (I believe her name was listed on the title of the car). My mother's said she's more than willing to assume the debt if it would help my credit report, which is pretty damn good before this came about (though obviously they'd collect nothing from her). Is there a way she can do this that would get it off my credit report and on to hers if she's willing to sign something for it? |
| John Shimmer (Jshimmer) | Monday, June 19, 2000 - 07:10 am
Basically, you're asking the creditor to transfer a not-paid-as-agreed loan from one person to another. Since your mother was no where on the original loan, they think you purchased a car, defaulted, and now you want to clean your credit history by transferring the "bad" debt to her. Even if she had perfect credit, I find it hard to believe that they'd be willing to do that. Even if they did, they would probably be less than willing to erase your bad history -- remember, you owned the loan, you defaulted (as far as they know).
But I would not let that deter you in trying. Every credtior has different protocols. If they are certain that YOU aren't going to repay it and your mother is willing to pay it, they just might go for something like that. Make certain that you get the entire agreement IN WRITING, including the clearing/transferring of the credit histories. If not, you'll end up with your mom having this debt, bad history on her report and the bad history remaining on your report.
There are no guarantees with any creditor. The only thing you can do is ask and see what they say. Again, get it all IN WRITING before you or your mother send them a dime. |
