Alcoholism Recovery - debt collectors

Author

debt collectors

Darren

2005-05-10, 11:53 am

typical. I'm almost three months sober, clinically depressed, have some form
of bipolar disorder, on a a big downer and on anti depressants strong enough
to put an elephant to sleep and now the dept collectors come after me about
a student loan. for the last 11 months they have been trying to track me coz
i moved house. I filled in the house moving form and sent it off but they
claim they never got it. I haven't worked in over two years so I can't give
them a penny and even if i could I wouldn't on principle. They can take me
to court, it won't cost me anything.

Sorry if this is OT but i was told if I share my problems then it helps my
sobriety.

Thanks for listening.

Darren

dan mcgown

2005-05-10, 11:53 am

"Darren" <darre@notathome.net> wrote in message
news:R4Hfe.19241$wu2.3947@newsfe1-gui.ntli.net...
<snip>
> to put an elephant to sleep and now the dept collectors come after me
> about
> a student loan. for the last 11 months they have been trying to track me
> coz

That's a tough one because the government always protects itself first.
"unless excepting such debt from discharge under this paragraph will impose
an undue hardship on the debtor and the debtor's dependents" student loans
are usually not even dischargeable in bankruptcy. [11 U.S.C. Section
523(a)(8)]
Sometimes, if you can convince them that they are trying to get blood
from a stone, you can make a deal to repay the principal in installments
over time and get them to waive the interest.
Dan

El Greco

2005-05-10, 11:53 am

Darren wrote:
> typical. I'm almost three months sober, clinically depressed, have some form
> of bipolar disorder, on a a big downer and on anti depressants strong enough
> to put an elephant to sleep and now the dept collectors come after me about
> a student loan. for the last 11 months they have been trying to track me coz
> i moved house. I filled in the house moving form and sent it off but they
> claim they never got it. I haven't worked in over two years so I can't give
> them a penny and even if i could I wouldn't on principle. They can take me
> to court, it won't cost me anything.
>
> Sorry if this is OT but i was told if I share my problems then it helps my
> sobriety.
>
> Thanks for listening.
>
> Darren
>
>

Darren,

Simply get a forbearance. All you have to do is fill out a form, you
can do it online. Best to call though and make sure you qualify.

If you don't qualify, they will still work something out. like, paying
twelve bucks a month for a few moths, or something like that. They know
most people don't always have the cash on hand to start mailing in
payments. They are more interested in having all the paperwork in order.

A slight headache, but better than agonizing over yet another needless
worry in life.

Going to court over a student loan will haunt you forever and cost you
even more. The effects are legally the same as bankruptcy, and it's
like declaring bankrupcty over not paying the corner grocer for a can of
peas. It will come out of your tax refunds, wages, disability, whatever
income you might have.

If creditors are hounding you, check out the Fair Debt Collection
Practices Act at:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

or even a commercial site like:

http://www.fair-debt-collection.com/fair-debt-act.html

Most debt collectors use illegal tactics, such as threatening to sue you
(better double check that one) and listing the dire consequences that
may befall you. Also, many fail to provide acurate proof of debt within
five days of a timely response (809a - 809b).

You also have the right to tell them when and how they may contact you:
such as, not at work, not before 8AM CMT, etc. And if they speak to a
third party about the debt(wife, child, rommate, secretary, boss), they
have definitely broken the law. At least that's how it was when I got
them off my backs ... the law is AFAIK still the same.

Get informed and get those problems out of the way. Should take a day
or two? Then a few follow up headaches. But nothing to sweat over.

NutSoFast@hotmail.com

2005-05-10, 11:53 am

On 9-May-2005, El Greco <mike_elgreco_3@hotmail.com> wrote:

> Darren wrote:
>
> Darren,
>
> Simply get a forbearance. All you have to do is fill out a form, you
> can do it online. Best to call though and make sure you qualify.
>
> If you don't qualify, they will still work something out. like, paying
> twelve bucks a month for a few moths, or something like that. They know
> most people don't always have the cash on hand to start mailing in
> payments. They are more interested in having all the paperwork in order.
>
> A slight headache, but better than agonizing over yet another needless
> worry in life.
>
> Going to court over a student loan will haunt you forever and cost you
> even more. The effects are legally the same as bankruptcy, and it's
> like declaring bankrupcty over not paying the corner grocer for a can of
> peas. It will come out of your tax refunds, wages, disability, whatever
> income you might have.
>
> If creditors are hounding you, check out the Fair Debt Collection
> Practices Act at:
>
> http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
>
> or even a commercial site like:
>
> http://www.fair-debt-collection.com/fair-debt-act.html
>
> Most debt collectors use illegal tactics, such as threatening to sue you
> (better double check that one) and listing the dire consequences that
> may befall you. Also, many fail to provide acurate proof of debt within
> five days of a timely response (809a - 809b).
>
> You also have the right to tell them when and how they may contact you:
> such as, not at work, not before 8AM CMT, etc. And if they speak to a
> third party about the debt(wife, child, rommate, secretary, boss), they
> have definitely broken the law. At least that's how it was when I got
> them off my backs ... the law is AFAIK still the same.
>
> Get informed and get those problems out of the way. Should take a day
> or two? Then a few follow up headaches. But nothing to sweat over

El Greco gave you some pretty sound advice Darren.
Granted, I'm not familiar with all the 'ins and outs' of Student Loan
collection procedures... But you are within your rights to demand
that debt collectors stop all phone contact with you.
You must do so in writing though.

The 'Fair-Debt Collection.Com" El Greco mentions above
is a good source with lots of info. Know your rights!!!
You'll find they have a sample 'cease and desist' letter
and detailed instructions on how send it and so on...

One useful term you might want to research there is
'judgment proof'. If your creditors can't collect
it's not usually worthwhile for them to take you to court.
But as E.G. implied... student loans are forever.

---
NutSo

Darren

2005-05-10, 11:53 am

"dan mcgown" <dmcgown@adelphia.net> wrote in message
news:msWdnWdOGImpy-LfRVn-hg@adelphia.com...
>
> "Darren" <darre@notathome.net> wrote in message
> news:R4Hfe.19241$wu2.3947@newsfe1-gui.ntli.net...
> <snip>
>
> That's a tough one because the government always protects itself
first.
> "unless excepting such debt from discharge under this paragraph will
impose
> an undue hardship on the debtor and the debtor's dependents" student loans
> are usually not even dischargeable in bankruptcy. [11 U.S.C. Section
> 523(a)(8)]
> Sometimes, if you can convince them that they are trying to get blood
> from a stone, you can make a deal to repay the principal in installments
> over time and get them to waive the interest.
> Dan
>
>

Thats not the issue Dan. I agreed to pay back the studentloan ONLY if i was
earning over a certain amount. 18k I think. I have not been earning at all
let alone over 18k, I have done nothing wrong, they are in the wreong and I
am willing to go to court over it.

Darren

Darren

2005-05-10, 11:53 am

<NutSoFast@hotmail.com> wrote in message
news:krVfe.14421$ye1.13943@okepread06...
>
>
> On 9-May-2005, El Greco <mike_elgreco_3@hotmail.com> wrote:
>
some form[vbcol=seagreen]
enough[vbcol=seagreen]
about[vbcol=seagreen]
me coz[vbcol=seagreen]
they[vbcol=seagreen]
give[vbcol=seagreen]
take me[vbcol=seagreen]
helps my[vbcol=seagreen]
order.[vbcol=seagreen]
>
> El Greco gave you some pretty sound advice Darren.
> Granted, I'm not familiar with all the 'ins and outs' of Student Loan
> collection procedures... But you are within your rights to demand
> that debt collectors stop all phone contact with you.
> You must do so in writing though.
>
> The 'Fair-Debt Collection.Com" El Greco mentions above
> is a good source with lots of info. Know your rights!!!
> You'll find they have a sample 'cease and desist' letter
> and detailed instructions on how send it and so on...
>
> One useful term you might want to research there is
> 'judgment proof'. If your creditors can't collect
> it's not usually worthwhile for them to take you to court.
> But as E.G. implied... student loans are forever.
>
> ---
> NutSo

Good advice but as I said, I meet the requirements for deferment and its not
my fault. the change of address got lost either by the post office or
student loans themselves. I can proove I wasn't earning for the period they
are claiming for. I have done nothing wrong. I am not guilty of breach of
contract or anything else they might throw at me. Innocent until proven
guilty and all that jazz. My offer to them will be that i will pay wwhat i
am supposed to when I am earning the required amount and not before. They
can take me to court as I qualify for legal aid.

Darren
..

Darren

NutSoFast@hotmail.com

2005-05-10, 11:53 am

On 10-May-2005, "Darren" <darren@notathome.net> wrote:

>
> Good advice but as I said, I meet the requirements for deferment and its not
> my fault. the change of address got lost either by the post office or
> student loans themselves. I can proove I wasn't earning for the period they
> are claiming for. I have done nothing wrong. I am not guilty of breach of
> contract or anything else they might throw at me. Innocent until proven
> guilty and all that jazz. My offer to them will be that i will pay wwhat i
> am supposed to when I am earning the required amount and not before. They
> can take me to court as I qualify for legal aid.

I guess I misunderstood you Darren. I thought you were
saying that you wanted these people off your back... in light of
all you've gone through recently. When in fact you're
saying, BRING IT ON!

Go get 'em Tiger. Grrrrrr.

--
NutSo

Darren

2005-05-10, 11:53 am

<NutSoFast@hotmail.com> wrote in message
news:wn2ge.14441$ye1.9523@okepread06...
>
> On 10-May-2005, "Darren" <darren@notathome.net> wrote:
>
not[vbcol=seagreen]
they[vbcol=seagreen]
of[vbcol=seagreen]
i[vbcol=seagreen]
They[vbcol=seagreen]
>
> I guess I misunderstood you Darren. I thought you were
> saying that you wanted these people off your back... in light of
> all you've gone through recently. When in fact you're
> saying, BRING IT ON!
>
> Go get 'em Tiger. Grrrrrr.
>
Sorry if I seemed ungrateful for your advice. beleive me, I'm not and I will
take your's and everyone elses advice. it into hand depending on the outlook
of the CAB and solicitors etc. However I am the innocent party and I hope
when you did the "Grrrrr" you also did the clawing motion with you hands

.

Darren

NutSoFast@hotmail.com

2005-05-10, 11:53 am

On 10-May-2005, "Darren" <darren@notathome.net> wrote:

> I hope
> when you did the "Grrrrr" you also did the clawing motion with you hands

.

Of course! Why? Is there another way to Grrrrrrr???

--
NutSo