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RE: [tips_and_tricks] Collection problem

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  • *
    The collection agency MIGHT purchase the debt, so do and some don t. I don t think a collection agency purchasing the debt will extinguish the debt. If
    Message 1 of 14 , Apr 2, 2003
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      The collection agency MIGHT purchase the debt, so do and some don't. I
      don't think a collection agency purchasing the debt will "extinguish" the
      debt. If they purchase it, they will try to collect it and may bring suit
      for the collection, it's done every day.

      There is a theory that only the original creditor has standing to sue but I
      have not seen anyone present any evidence, case law or statutes that say
      that.

      Gary

      -----Original Message-----
      From: Tim Kiley [mailto:tjk9161@...]
      Sent: Wednesday, April 02, 2003 10:46 AM
      To: tips_and_tricks@yahoogroups.com
      Subject: Re: [tips_and_tricks] Collection problem


      Won't a collection agency purchase the "debt" thus extinguishing it?

      Tm Kiley

      ----- Original Message -----
      From: "Tom Kearse" <tkearse@...>
      To: <tips_and_tricks@yahoogroups.com>
      Sent: Tuesday, April 01, 2003 10:08 PM
      Subject: Re: [tips_and_tricks] Collection problem


      > Demand the contract making your wife liable.
      > Your son might want to sue the agency for the amount in question for
      selling
      > him insurance that didn't pay.
      > ----- Original Message -----
      > From: "drbradb1" <drbradb1@...>
      > To: <tips_and_tricks@yahoogroups.com>
      > Sent: Sunday, March 30, 2003 9:26 AM
      > Subject: [tips_and_tricks] Collection problem
      >
      >
      > > Hello all,
      > > I want to get the groups take on a collection matter.The sum in
      > > dispute is 3600$Here are the facts.My wife called a truck rental
      > > agency and reserved a moving van for my son to use to
      > > move.She gave a credit card # to the person making the
      > > reservation over the phone in order to reserve the truck.During
      > > the course of the move the truck was damaged by hitting an
      > > overhead train trestle.The damage to the truck ,they claim is
      > > 3600$.My son signed the contract,not my wife,my son purchased
      > > the insurance from the rental agency.My son claims he was told,
      > > at the time of rental ,the insurance covers any and all damages.I
      > > was not a witness to that remark.Scince my son is young and
      > > has a family and is just starting out in life he has no assets nor
      > > much of a credit record.I think the company is going after the
      > > deeper pockets.The rental company gave my wife 10 days to pay
      > > or the sum gets sent to a collection agency.My thought would be
      > > to ask the collection agency to verify the claimed debt.There is no
      > > signed contract by my wife.any other thoughts on the matter
      > > would be welcome.Thanks in advance.
      > > Brad
      > >
      > >
      > >
      > >
      > > To unsubscribe from this group, send an email to:
      > > tips_and_tricks-unsubscribe@yahoogroups.com
      > >
      > >
      > >
      > > Your use of Yahoo! Groups is subject to
      http://docs.yahoo.com/info/terms/
      > >
      > >
      >
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    • Edwin Clements
      I had the same kind of thing happen about 7 years ago. I paid $70 extra for insurance and then the truck ran into an over-covering in front of a hotel. It
      Message 2 of 14 , Apr 2, 2003
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        I had the same kind of thing happen about 7 years ago.
        I paid $70 extra for insurance and then the truck ran
        into an over-covering in front of a hotel. It caused
        some damage to the hotel over-covering and a small
        dent, almost unnoticeable, on the roof of the truck.
        I thought it was supposed to be covered by that
        insurance that I paid $70 for and they tried to tell
        me that it was "secondary insurance" meaning that my
        car insurance policy should have taken care of it.
        Well, I checked with my insurance agent before renting
        the truck and he said that it would not cover a rental
        truck and that was why I got the extra insurance in
        the first place. So I wrote them back and told them
        that I had been told that there was nothing else I
        needed to do, and I never heard any more from them.
        (I can't say that was the exact sequence of events, it
        has been 7 years after all.) But I am sure that if I
        had filed a claim on my car insurance they would have
        raised my rates, so I think they were just trying to
        rip me off. This was U-Haul that tried to do this.
        I suggest you demand verification and I hope you
        fight this. If they are going to sell this expensive
        "insurance" and then try to make you pay for this,
        then they are just trying to rip you off. It probably
        would not be a bad idea, when renting these things, to
        have a small tape recorder going when you ask the
        rental guy "does this insurance cover everything?" and
        he says "yes". Or witnesses.





        --- Tom Kearse <tkearse@...> wrote:
        > Demand the contract making your wife liable.
        > Your son might want to sue the agency for the amount
        > in question for selling
        > him insurance that didn't pay.
        > ----- Original Message -----
        > From: "drbradb1" <drbradb1@...>
        > To: <tips_and_tricks@yahoogroups.com>
        > Sent: Sunday, March 30, 2003 9:26 AM
        > Subject: [tips_and_tricks] Collection problem
        >
        >
        > > Hello all,
        > > I want to get the groups take on a collection
        > matter.The sum in
        > > dispute is 3600$Here are the facts.My wife called
        > a truck rental
        > > agency and reserved a moving van for my son to use
        > to
        > > move.She gave a credit card # to the person
        > making the
        > > reservation over the phone in order to reserve
        > the truck.During
        > > the course of the move the truck was damaged by
        > hitting an
        > > overhead train trestle.The damage to the truck
        > ,they claim is
        > > 3600$.My son signed the contract,not my wife,my
        > son purchased
        > > the insurance from the rental agency.My son claims
        > he was told,
        > > at the time of rental ,the insurance covers any
        > and all damages.I
        > > was not a witness to that remark.Scince my son is
        > young and
        > > has a family and is just starting out in life he
        > has no assets nor
        > > much of a credit record.I think the company is
        > going after the
        > > deeper pockets.The rental company gave my wife 10
        > days to pay
        > > or the sum gets sent to a collection agency.My
        > thought would be
        > > to ask the collection agency to verify the claimed
        > debt.There is no
        > > signed contract by my wife.any other thoughts on
        > the matter
        > > would be welcome.Thanks in advance.
        > > Brad
        > >
        > >
        > >
        > >
        > > To unsubscribe from this group, send an email to:
        > > tips_and_tricks-unsubscribe@yahoogroups.com
        > >
        > >
        > >
        > > Your use of Yahoo! Groups is subject to
        > http://docs.yahoo.com/info/terms/
        > >
        > >
        >
        >
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      • Bill Bauer
        Don t ever believe that if a collection agency purchases a debt that it will be extingushed. Nothing on earth could be further from the truth and if you doubt
        Message 3 of 14 , Apr 2, 2003
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          Don't ever believe that if a collection agency purchases a debt that it will be
          extingushed. Nothing on earth could be further from the truth and if you doubt
          that then please be so kind as to give me a court case number wherein the judge
          denied the collector the right to collect on a debt he had purchased.



          Tim Kiley wrote:

          > Won't a collection agency purchase the "debt" thus extinguishing it?
          >
          > Tm Kiley
          >
          > ----- Original Message -----
          > From: "Tom Kearse" <tkearse@...>
          > To: <tips_and_tricks@yahoogroups.com>
          > Sent: Tuesday, April 01, 2003 10:08 PM
          > Subject: Re: [tips_and_tricks] Collection problem
          >
          > > Demand the contract making your wife liable.
          > > Your son might want to sue the agency for the amount in question for
          > selling
          > > him insurance that didn't pay.
          > > ----- Original Message -----
          > > From: "drbradb1" <drbradb1@...>
          > > To: <tips_and_tricks@yahoogroups.com>
          > > Sent: Sunday, March 30, 2003 9:26 AM
          > > Subject: [tips_and_tricks] Collection problem
          > >
          > >
          > > > Hello all,
          > > > I want to get the groups take on a collection matter.The sum in
          > > > dispute is 3600$Here are the facts.My wife called a truck rental
          > > > agency and reserved a moving van for my son to use to
          > > > move.She gave a credit card # to the person making the
          > > > reservation over the phone in order to reserve the truck.During
          > > > the course of the move the truck was damaged by hitting an
          > > > overhead train trestle.The damage to the truck ,they claim is
          > > > 3600$.My son signed the contract,not my wife,my son purchased
          > > > the insurance from the rental agency.My son claims he was told,
          > > > at the time of rental ,the insurance covers any and all damages.I
          > > > was not a witness to that remark.Scince my son is young and
          > > > has a family and is just starting out in life he has no assets nor
          > > > much of a credit record.I think the company is going after the
          > > > deeper pockets.The rental company gave my wife 10 days to pay
          > > > or the sum gets sent to a collection agency.My thought would be
          > > > to ask the collection agency to verify the claimed debt.There is no
          > > > signed contract by my wife.any other thoughts on the matter
          > > > would be welcome.Thanks in advance.
          > > > Brad
          > > >
          > > >
          > > >
          > > >
          > > > To unsubscribe from this group, send an email to:
          > > > tips_and_tricks-unsubscribe@yahoogroups.com
          > > >
          > > >
          > > >
          > > > Your use of Yahoo! Groups is subject to
          > http://docs.yahoo.com/info/terms/
          > > >
          > > >
          > >
          > >
          > > ---
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          > >
          > >
          > >
          > > To unsubscribe from this group, send an email to:
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          > >
          > >
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          > >
          >
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        • Brian Brooks
          I go to court 5-1-03 for a judement with discover....what do i say ... From: Tim Kiley To: tips_and_tricks@yahoogroups.com Sent: Wednesday, April 02, 2003
          Message 4 of 14 , Apr 3, 2003
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            I go to court 5-1-03 for a judement with discover....what do i say
             
            ----- Original Message -----
            From: Tim Kiley
            Sent: Wednesday, April 02, 2003 10:45 AM
            Subject: Re: [tips_and_tricks] Collection problem

            Won't a collection agency purchase the "debt" thus extinguishing it?

            Tm Kiley

            ----- Original Message -----
            From: "Tom Kearse" <tkearse@...>
            To: <tips_and_tricks@yahoogroups.com>
            Sent: Tuesday, April 01, 2003 10:08 PM
            Subject: Re: [tips_and_tricks] Collection problem


            > Demand the contract making your wife liable.
            > Your son might want to sue the agency for the amount in question for
            selling
            > him insurance that didn't pay.
            > ----- Original Message -----
            > From: "drbradb1" <drbradb1@...>
            > To: <tips_and_tricks@yahoogroups.com>
            > Sent: Sunday, March 30, 2003 9:26 AM
            > Subject: [tips_and_tricks] Collection problem
            >
            >
            > > Hello all,
            > > I want to get the groups take on a collection matter.The sum in
            > > dispute is 3600$Here are the facts.My wife called a truck rental
            > > agency and reserved a moving van for my son to use to
            > > move.She gave a credit card #  to the person making the
            > > reservation  over the phone in order to reserve the truck.During
            > > the course of the move the truck was damaged by hitting an
            > > overhead train trestle.The damage to the truck ,they claim is
            > > 3600$.My son signed the contract,not my wife,my son purchased
            > > the insurance from the rental agency.My son claims he was told,
            > > at the time of rental ,the insurance covers any and all damages.I
            > > was not a witness to that remark.Scince my son is young and
            > > has a family and is just starting out in life he has no assets nor
            > > much of a credit record.I think the company is going after the
            > > deeper pockets.The rental company gave my wife 10 days to pay
            > > or the sum gets sent to a collection agency.My thought would be
            > > to ask the collection agency to verify the claimed debt.There is no
            > > signed contract by my wife.any other thoughts on the matter
            > > would be welcome.Thanks in advance.
            > > Brad
            > >
            > >
            > >
            > >
            > > To unsubscribe from this group, send an email to:
            > > tips_and_tricks-unsubscribe@yahoogroups.com
            > >
            > >
            > >
            > > Your use of Yahoo! Groups is subject to
            http://docs.yahoo.com/info/terms/
            > >
            > >
            >
            >
            > ---
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            >
            >
            >
            >
            > To unsubscribe from this group, send an email to:
            > tips_and_tricks-unsubscribe@yahoogroups.com
            >
            >
            >
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            >




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          • Tom Kearse
            is this in regards to the rental truck referenced below? ... From: Brian Brooks To: tips_and_tricks@yahoogroups.com Sent: Thursday, April 03, 2003 10:10 PM
            Message 5 of 14 , Apr 4, 2003
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              is this in regards to the rental truck referenced below?
              ----- Original Message -----
              Sent: Thursday, April 03, 2003 10:10 PM
              Subject: Re: [tips_and_tricks] Collection problem

              I go to court 5-1-03 for a judement with discover....what do i say
               
              ----- Original Message -----
              From: Tim Kiley
              Sent: Wednesday, April 02, 2003 10:45 AM
              Subject: Re: [tips_and_tricks] Collection problem

              Won't a collection agency purchase the "debt" thus extinguishing it?

              Tm Kiley

              ----- Original Message -----
              From: "Tom Kearse" <tkearse@...>
              To: <tips_and_tricks@yahoogroups.com>
              Sent: Tuesday, April 01, 2003 10:08 PM
              Subject: Re: [tips_and_tricks] Collection problem


              > Demand the contract making your wife liable.
              > Your son might want to sue the agency for the amount in question for
              selling
              > him insurance that didn't pay.
              > ----- Original Message -----
              > From: "drbradb1" <drbradb1@...>
              > To: <tips_and_tricks@yahoogroups.com>
              > Sent: Sunday, March 30, 2003 9:26 AM
              > Subject: [tips_and_tricks] Collection problem
              >
              >
              > > Hello all,
              > > I want to get the groups take on a collection matter.The sum in
              > > dispute is 3600$Here are the facts.My wife called a truck rental
              > > agency and reserved a moving van for my son to use to
              > > move.She gave a credit card #  to the person making the
              > > reservation  over the phone in order to reserve the truck.During
              > > the course of the move the truck was damaged by hitting an
              > > overhead train trestle.The damage to the truck ,they claim is
              > > 3600$.My son signed the contract,not my wife,my son purchased
              > > the insurance from the rental agency.My son claims he was told,
              > > at the time of rental ,the insurance covers any and all damages.I
              > > was not a witness to that remark.Scince my son is young and
              > > has a family and is just starting out in life he has no assets nor
              > > much of a credit record.I think the company is going after the
              > > deeper pockets.The rental company gave my wife 10 days to pay
              > > or the sum gets sent to a collection agency.My thought would be
              > > to ask the collection agency to verify the claimed debt.There is no
              > > signed contract by my wife.any other thoughts on the matter
              > > would be welcome.Thanks in advance.
              > > Brad
              > >
              > >
              > >
              > >
              > > To unsubscribe from this group, send an email to:
              > > tips_and_tricks-unsubscribe@yahoogroups.com
              > >
              > >
              > >
              > > Your use of Yahoo! Groups is subject to
              http://docs.yahoo.com/info/terms/
              > >
              > >
              >
              >
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              >
              >
              >
              >
              > To unsubscribe from this group, send an email to:
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              >
              >
              >
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              >
              >




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              ---
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            • Tim Kiley
              Get and study the Richard Cornforth materials... FAST! Tim Kiley ... From: Brian Brooks To: tips_and_tricks@yahoogroups.com Sent: Thursday, April 03, 2003 8:10
              Message 6 of 14 , Apr 4, 2003
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                Get and study the Richard Cornforth materials... FAST!
                 
                Tim Kiley
                ----- Original Message -----
                Sent: Thursday, April 03, 2003 8:10 PM
                Subject: Re: [tips_and_tricks] Collection problem

                I go to court 5-1-03 for a judement with discover....what do i say
                 
                ----- Original Message -----
                From: Tim Kiley
                Sent: Wednesday, April 02, 2003 10:45 AM
                Subject: Re: [tips_and_tricks] Collection problem

                Won't a collection agency purchase the "debt" thus extinguishing it?

                Tm Kiley

              • Tom Kearse
                Cornforths matrials on void judgements are excellent, but one needs to know procedure first, and that is the only way to make a void judgement argument stick.
                Message 7 of 14 , Apr 4, 2003
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                  Cornforths matrials on void judgements are excellent, but one needs to know procedure first, and that is the only way to make a void judgement argument stick.
                  If i were in that situation, i would procedurally establish the validity (or lack thereof) of the judgement before court date.  Then you go into court and present the judge with the agreement of the parties, no controversy, no case.
                  ----- Original Message -----
                  From: Tim Kiley
                  Sent: Friday, April 04, 2003 12:13 PM
                  Subject: Re: [tips_and_tricks] Collection problem

                  Get and study the Richard Cornforth materials... FAST!
                   
                  Tim Kiley
                  ----- Original Message -----
                  Sent: Thursday, April 03, 2003 8:10 PM
                  Subject: Re: [tips_and_tricks] Collection problem

                  I go to court 5-1-03 for a judement with discover....what do i say
                   
                  ----- Original Message -----
                  From: Tim Kiley
                  Sent: Wednesday, April 02, 2003 10:45 AM
                  Subject: Re: [tips_and_tricks] Collection problem

                  Won't a collection agency purchase the "debt" thus extinguishing it?

                  Tm Kiley



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                • Bill Bauer
                  The best advice I have to offer is don t go and don t argue with them. Let them get their judgment then once the judgment is memorialized go get copies of the
                  Message 8 of 14 , Apr 4, 2003
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                    The best advice I have to offer is don't go and don't argue with them. Let them get their judgment then once the judgment is memorialized go get copies of the paperwork in the judgment and look for ways to get it vacated on motion to vacate void judgment. Since there are at least 23 reasons why a judgment might be null and void upon it's face its not all that tough to get them vacated.

                    That's the way I go after them. Works for me.

                     

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