[cprems]

Guys/Gals, I have just gotten back for Christmas (Merry belated Christmas everyone) and have found a letter from an Attorney representing Citifinancial that my wife has pretty much sat on. My wife took out a loan for xxxx.xx dollars and started to pay it. We then had a child and things have been a strain financially as she had to quit her job due to health reasons. Its coming up on the 30 days to reply. I know this debt is hers, but the way Citifinancial treated her was beyond appalling. I am in Texas. I know the SOL is not close. Anyway they withdrew funds from MY account several time WITHOUT my authorization, have called her 4-5 times a day. In one incident they called her cell phone 14 times in a row. I have NO idea what to do or where to turn. They (attorney's) are threatening a "judgment" against her if she does not pay up. The letter says to write if we dispute it NOT to call. Can someone PLEASE help me and point me in the right direction.

Ian

[roybean]

Originally Posted by cprems

Guys/Gals, I have just gotten back for Christmas (Merry belated Christmas everyone) and have found a letter from an Attorney representing Citifinancial that my wife has pretty much sat on. My wife took out a loan for xxxx.xx dollars and started to pay it. We then had a child and things have been a strain financially as she had to quit her job due to health reasons. Its coming up on the 30 days to reply. I know this debt is hers, but the way Citifinancial treated her was beyond appalling. I am in Texas. I know the SOL is not close. Anyway they withdrew funds from MY account several time WITHOUT my authorization, have called her 4-5 times a day. In one incident they called her cell phone 14 times in a row. I have NO idea what to do or where to turn. They (attorney's) are threatening a "judgment" against her if she does not pay up. The letter says to write if we dispute it NOT to call. Can someone PLEASE help me and point me in the right direction.

Ian

I will look at the other thread or move it, but this is the original creditor (OC), right?

[roybean]

I read the thread and it's the same; I thought there was more info. Sounds like an attorney is collecting for citfinancial, right? Do you have copies of yours and your wife's credit report?

And if they took money out of your account and are still after you, then there wasn't enough in the bank to cover the entire debt, correct?

You need to move your bank account; I don't know if Texas is community property state, but one of our members will ring in on that part.

Send a DV to the attorney, get both credit reports (not online; the hard copies), make a folder for all letters you receive, and anything that you write to them send by certified mail asap. One more thing....STAY OFF THE PHONE unless you're recording.

Sounds like this has been going on for a while, do you have more details without putting any personal info on the board?

[neil5623]

Yes TX is community property. When you DV them, DO NOT say cease all contact. But do say please do not call.

I had a loan with them a few years ago. Maybe it was my local office that made the difference, but they were easy to work with. But then, it stayed local. When we hit hard times, they were willing to "re-age" (on your credit report that is a different story and a bad thing) the loan by doing a refinance when it reached a certain point. You might ask for something like that at some point.

[roybean]

The correct thing to say is that "It is an inconvience to contact me by phone anywhere or any time."

[cprems]

Originally Posted by roybean

I will look at the other thread or move it, but this is the original creditor (OC), right?

It looks like citifinancial sold it to NCO and they gave it to an attorney to collect on

Ian

[cprems]

After the way they treated my wife on the phone cussing and screaming and harassing her with all those phone calls, they can go to hell.

[roybean]

Originally Posted by cprems

After the way they treated my wife on the phone cussing and screaming and harassing her with all those phone calls, they can go to hell.

You need to get a recorder for your phone and if it were me (and this is just me ) I would send the DV letter and I wouldn't mention anything about it being an inconvenience to contact me by phone because I'd love to have a recording of that kind of stuff.

And if they took money out of your bank account, they would have to have a judgment???

We need some more information....How long has this bee going on and you didn't know anything about it????

When did this all start? Is it charged off? What does the letter head say on letters that you've received?

[cprems]

Originally Posted by roybean

I read the thread and it's the same; I thought there was more info. Sounds like an attorney is collecting for citfinancial, right? Do you have copies of yours and your wife's credit report?

I need to get hard copies, how do I do that

And if they took money out of your account and are still after you, then there wasn't enough in the bank to cover the entire debt, correct?

They illegally took money from my account and caused it to overdraw.

You need to move your bank account; I don't know if Texas is community property state, but one of our members will ring in on that part.

I have changed accounts & banks

Send a DV to the attorney, get both credit reports (not online; the hard copies), make a folder for all letters you receive, and anything that you write to them send by certified mail asap. One more thing....STAY OFF THE PHONE unless you're recording.

I am sending a DV today. I called them and they asked for the reason for the dispute, I told her I do not need one, she said I would when they replied, as she was the account holder.

Sounds like this has been going on for a while, do you have more details without putting any personal info on the board?

This has been going on for close to 2 years. The debt was sold off to NCO and the attorney's letter states they are collecting on behalf of their client.

Can this go against my credit, we were not married at the time and I know Texas is a Community property state.

Ian

[hannah]

NCO collects third party as well as buys debt. Are you sure they bought it? Did your wife send a DV? In TX if she send a DV letter, they have 30 days to validate.

Did you move your bank account? You need to do so or at least notify your bank not to honor any more withdrawals from them.

Not enough info to form a strategy. You need to find out if NCO actually owns it or is collecting 3rd party first and foremost.

[jlynn]

Originally Posted by cprems

It looks like citifinancial sold it to NCO and they gave it to an attorney to collect on

Ian

This is a whole different ball of wax then. Who withdrew funds from your checking account?

[cprems]

Originally Posted by hannah

NCO collects third party as well as buys debt. Are you sure they bought it? Did your wife send a DV? In TX if she send a DV letter, they have 30 days to validate.

Did you move your bank account? You need to do so or at least notify your bank not to honor any more withdrawals from them.

Not enough info to form a strategy. You need to find out if NCO actually owns it or is collecting 3rd party first and foremost.

How do I find this out. The attorneys are representing NCO, my guess is that they now own the debt.

Ian

[cprems]

Originally Posted by jlynn

This is a whole different ball of wax then. Who withdrew funds from your checking account?

citifinancial did. They withdrew funds on 2 separate occasions causing me to become overdrawn. The guy did this WITHOUT my permission and the Crdit union said there was nothing they could do to get the money back as it went through ACH.

Ian

[cprems]

Originally Posted by hannah

NCO collects third party as well as buys debt. Are you sure they bought it? Did your wife send a DV? In TX if she send a DV letter, they have 30 days to validate.

Did you move your bank account? You need to do so or at least notify your bank not to honor any more withdrawals from them.

Not enough info to form a strategy. You need to find out if NCO actually owns it or is collecting 3rd party first and foremost.

Let me know what information yall need. I am having a hard time with this. I believe they (citifinancial) broke a few laws and I want them to pay for what they have put my wife through.

Ian

[hannah]

Have your wife write those attorney a letter requesting validation and verification of the debt. Out right ask if NCO is their client and if they own the debt or are collecting for Citifinancial.

Call Citi and ASK if they still own the debt or if they have sold the debt.

Call NCO and ask if they own the debt and the date they purchased it if they did.

Run a recorder as you ask these questions. I'm not convinced Citi sold it as they seldom sell these debts.

I'm also not convinced they didn't have permission to withdraw funds from your checking account. How did they get the account number? Is your wife on the account? Is there a judgment for this debt? Did your wife authorize the withdrawals?