The Daily Complaint: DEBT COLLECTOR

Monday, September 14, 2015

Tick-tock goes the clock on old debts

September 10, 2015

by Cristina Miranda

Consumer Education Specialist, FTC

Here’s a fun way to think about a tricky topic. You know the scene in Lewis Caroll’s Alice in Wonderland when the white rabbit hops off saying “I’m late! I’m late! For a very important date!”? Imagine the rabbit is a debt collector. The important date? It’s his last chance to legally make you pay money you owe. Why he’s late? The debt collector has run out of time to sue you for an old and unpaid, or time-barred, debt. For more, follow me down the rabbit hole...

What is a time-barred debt?
It’s a debt that’s too old for a debt collector to sue you to make you pay. Debt collectors have a limited number of years – called the statute of limitations – to sue you to collect on money you owe. Statutes of limitations vary by state, and by type of debt.

What can I do if a debt collector calls about an old debt?
Debt collectors can contact you about time-barred debts at any time. If you get a call from a debt collector, they might come right out and say they can’t take you to court to make you pay a time-barred debt. If a debt collector doesn’t tell you this, ask for the date when you made your most recent payment. Then, ask for a validation notice – a legally required letter detailing the amount owed, and the creditor name. Once you receive the notice, send a letter back within 30 days explaining that you are 'disputing' the debt and that you want to 'verify' it. Debt collectors must stop trying to collect until they give you verification.

What if I’m sued for an old debt?
Don’t ignore it. Defend your debt collection rights. Consider talking to an attorney in order to prove that the debt is time-barred, and have the lawsuit dismissed. To do this, you may be asked to provide a copy of the verification from the collector, or any information you have that shows the date of your last payment.

Do I have to pay a time-barred debt?
It’s up to you. Here’s what can happen:

Pay nothing. Not paying a debt may lower your credit rating. So check your free credit report first to see if a time-barred debt has been reported. If the debt appears on your credit report, this could make it harder and more expensive for you to get credit, insurance, or loans. Debts stay on your credit report for seven years after you stop paying. Although debt collectors can no longer sue you for a time-barred debt, it won’t make it go away. Debt collectors can keep contacting you to pay because you still owe the money. If you want them to stop, send a cease communications letter.
Partially pay. If you make, or promise to make, a debt payment, the statutes of limitations clock may reset and your debt will no longer be considered time-barred. A debt collector can then sue you for the full debt amount, plus interest and fees.
Pay it off. Before making a full payment, get a signed letter from the debt collector saying that your entire debt is being settled to release you from further obligations.

Debt or debt collection issues on your mind? Talk to us! Write your questions in the comments section below, and we will pick a few to answer. To report a scam, visit ftc.gov/complaint.

Tagged with: credit report, debt, debt collection

Blog Topics:

Money & Credit

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Please contact us if you need help or resources as we are here and happy to help!

Respectfully,

Dana Shafman

Managing Member

END Consulting

(888) 234-7006 Ext 101

Dana@ConsultingEND.com

www.TheDailyComplaint.com

Wednesday, November 12, 2014

SELENE FINANCE (B OF A)

SELENE FINANCE COMPLAINT:

Submitted: October 2014

Reported By: Putt79 in Plantation, FL

Report Link: CLICK HERE

BOA sold my mortgage to these idiots in July 2014. In August 2014 I received a monthly statement from Selene for my 08/01/13 payment of 935.85 that was due. Thinking it was a typo, I started calling them. The automated service tells me every time that the person handling my account is not available and to leave a message. I did that five times with no returned call. I finally get someone in Customer Service who tells me I owe them 11, 182.20 because BOA told them I had not paid my mortgage since July 2013. I explained to the CSR that their records were incorrect as I called BOA every month directly to have them process a ACH directly from my account. I also told them that my payment amount was not 983.85, but 741.85 due to an approved loan modification. He claimed that the paperwork provided from BOA shows it was never processed or approved, even though I have the agreement dated 11/01/2012. I called back several weeks later when I got another letter stating I needed to answer to the validity of my debt for the August 2013 payment not made. At first, she offered to put me in touch with an adviser that could tell me about their load forbearance program since I haven't paid in over a year. I explained to her again that I made my payments directly to BOA via a live person and she told me it was an error because BOA had not given them the whole file regarding my mortgage and to disregard the letter. I have yet to hear anything back from them and I have not received any statements from them either. I have just registered on their website to see that according to them, my payment due is for 08/01/2013 in the amount of 935.85. I WISH someone would call and try to harass me so that I could go off on them!!

END CONSULTING ADVICE:

While I am sorry for the abuse that you have suffered at the hands of Selene Finance after your mortgage was transferred from Bank of America, you might be surprised to learn just how easy it is to fix a problem of this nature. In order to resolve your issues, you simply need to prepare a Qualified Written Request (QWR) and attach both the modification agreement along with proof of payment per the modified terms to Selene Finance as well as the CFPB.

You have overlooked a key aspect to your fight, which is putting your valid objections and servicing abuses in writing in the form of a proper QWR and attaching proof your consumer and Constitutional rights; they have certainly been violated in this case as I see it. All of the mortgage lending and debt collection companies, including Selene Finance, MUST answer your Qualified Written Requests (QWR) and if they refuse to then you take your fight to all the regulatory agencies outside of Selene that assist in fighting for your rights like the CFPB; it’s a shame that these more than profitable and previously bailed-out companies engage in this type of consumer abuse.

I routinely look for posts to answer in hopes that it will not only bring optimism to those homeowners and borrowers in distress but also some basic information to assist in fighting the banks that are "too big to fail" but yet don't appreciate the bailout that we provided in their time of need. The debt collectors like Selene, SPS, SLS, Green Tree, Ocwen and Nationstar are simply just piranhas but they can be beat at their own game too just like the big banks can be defeated. You CAN win this fight!!!

We would be more than happy to educate you as to how to fight for your rights. My firm routinely seeks out complaints online so that we can educate as to how to fight back on our weekday show called "The Daily Complaint” where we review a complaint and how to tackle it successfully.

We reviewed your complaint on the show if you would like to listen, visit www.TheDailyComplaint.com

You can learn more by visiting the CFPB's website and becoming educating about the rights afforded you under the FDCPA, Dodd-Frank and RESPA via the CFPB. Let me point out that Green Tree has violated your rights under the CFPB's new mortgage servicing rules as afforded you via the Dodd-Frank Act. Here is a link to the new rules: http://www.consumerfinance.gov/newsroom/consumer-financial-protection-bureau-rules-establish-strong-protections-for-homeowners-facing-foreclosure/

In the event you have further questions, you can contact me via email at Dana@ConsultingEND.com or via the website at www.ConsultingEND.com or via phone (my full contact information is below) as I would be more than happy to contact Selene on your behalf or with you to determine the status of your loan as well as what options exist for you as a borrower/homeowner!

Every new beginning comes from some other beginning's END