Emily
Chandler,#2Consumer Suggestion
Sun, January 07, 2007
Perhaps the person who told you, that Vanderbuilt can not collect from you, should check out the laws and rights of a company before she gives you bad advice. If I am a company and I loan you money, and you do not pay it. I will charge off the balance as a bad debt, this does not mean you don't owe it, it means that I the company received a tax break on it. I then place your account with a 3rd party collection agency, they have the right to collect on it, if they can not get the funds collected on it, I may pull it back and place it again, and again and again, and finally may sell the debt to a completely other company for a profit of some sort for them to collect. Every time that I pull the file and place it elsewhere, starts the 7 year clock again, and each time it can legally be placed on your credit as a debt, the only way to get out of this legally is pay the bill or file bankruptcy, just because you try to dispute it, means that it if it is reported by 2 separate companies you can have one removed. You owe the debt, you did not read the contract when you signed it, and I am sure if you have a copy of the orriginal contract no where in there did it say you could trade up in 2 years. That is just something the salesman told you to buy the home, so he could get it off his books and he could make a commission, you just happened to be the sucker who fell for it.
Georganna
Palmer,#3Consumer Suggestion
Wed, December 28, 2005
You need to know: Vanderbilt can not get a judgement against you because of Oakwood's Bankruptcy and Kansas Statute of Limitations on debt collections. No judge would ever order a judgement against you. Vanderbilt knows they will never have the opportunity to legally collect from you. They will however, try to get you to pay as much as possible, what do they have to loose? They are going to harrass you, you family, your employers and anyone else they can think of. They will report negatively on your credit reports, threaten you with court action, etc. They will turn you over to a debt collector (they like SYNCOM out of TX) who will do the same thing, jus more rudely. Of course, you can make it all stop if you just pay them. . . . . You should know that if you do pay them even 5 dollars, they will consider you the fish that just took the worm on the hook and they will reel you in. What to do: 1. Write a letter addressing both Vanderbilt and Oakwoood. (sending it to both Maryville TN and Greensboro NC and any debt collector they have sicked on you) State that you dispute all debts and claims against you. Ask to be presented with copies of all contracts, reciepts of moving, sales, set up, maintinance and work orders commissions etc. and to stop contacting you and attempting to collect from you until this has been sent to you. Vanderbilt once requested a copy fee for this info from me. NO WAY, do not send money, those copies are thier legal obligation. 2.Get on the internet and find all 3 credit reporting agencies. File a disbute with all 3. Let them know you have never done business with Vanderbilt and the attempts to collect money from you is fraudulent. You can send them a copy of your dispute letter. 3. While on the internet, Look up and print off the complaint forms for the State Attorney Generals of TN, NC KS and the Federal Trade Commission, Consumer Fraud Protection. Write a cover letter explaining everything. Make copies of all the paperwork you have between you and Oakwood and Vanderbilt (most importantly, the dispute letter asking for copies/proof of alleged debt) and send it to them. In your cover letter; make sure you ask for help and grant permission to use the information you are sending. Privacy laws will not permit them to help in less you do. That's at least 4 copies of everything plus postage and time. It is worth it. Remember, no matter what they say, no matter what is in the letters they send. They cannot legally collect anything from you. (if it were a real debt, $30,000 would have motivated them to drag you through the courts already)