How to Contact a Debt Collector for Cach LLC Without Getting Harassed for Payment
I sent a question yesterday/couple days ago in regards to my situation. To refresh the memory, I received a phone call several days ago from the Law Offices of Michael K. Sipes and have been bothered by it since. I received another phone call today (12/5).
I live in California, am currently 8 months pregnant, and will be ready to go on maternity leave soon, thus being unable to pay the debt. Last year I had a problem with my previous job which prevented me from paying 5 different credit cards/creditors on time to the point where I simply had to stop paying them. My total debt is about $3k now (just pulled my free credit reports, although TransUnion says I've already done it), and am just trying to settle each debt one at a time. Currently, I'm on-call with my job as a private caregiver, and with this particular debt collector call, it's already rattling my nerves.
The original question was: how do I contact these people without getting harassed (since I do not want to aggravate my pregnancy to the point where I get hospitalized) and finding out which debt they purchased?
The majority creditor list (that you've requested) that I pulled from my credit reports and are the current info are:
CACH, LLC
original creditor - Citicorp Trust Bank./Sleep Train/GECRB
Amt. owed - $1686
First Premier Bank (original creditor, currently working on a deal w/them)
Owed: $391
Capital One (credit report says purchased by another lender as of Oct 2012)
original creditor - HSBC
Owed: $740
Bill Me Later (still update my information there and keep in touch w/the company)
Owed: $1002.84
Comcast
Owed: $334
Again, not sure which particular credit Michael K. Sipes has of me; I'm leaning more towards the Capital One or CACH, LLC. accounts. I simply want to deal with this situation w/o getting further into a judgment like they have, and I'm assuming been harassing with others. No, I have not received any physical mail to have further proof of this as well.
What should I do? I have the information available to me via credit reports, do I write my other creditors a letter?
Thank you so much for your help,
Jackie
How do I contact this so called law office without getting harassed and get overly stressed (with my current health situation)? (Please see other questions above)
—Jackie
Short answer
Make one phone call and find out which account the law firm is actually collecting on. That single fact decides everything else, because a debt validation request buys real time against one owner and almost none against another.
Key points on this page
- Cach LLC is a debt buyer that does some of its collecting through attorneys. You can settle a Cach owned debt with whichever collector they place it with.
- Against a collection law firm on a Cach account, a realistic settlement target is 40 to 60 percent, and a single lump sum payment is best if you can manage it.
- A collection attorney licensed in your own state is a clear signal that your risk of being sued has gone up.
- A validation request, sent certified mail with return receipt, stops further collection efforts until they answer. That can take a couple of weeks or far longer, and some never validate at all.
- The same request buys little time on a Capital One account, because Capital One sells little debt and can respond quickly. If the original creditor was HSBC and you fell behind before Capital One took over that portfolio, the account may have been sold, so call the original creditor to find out who owns it.
- Deal with the account causing the most stress first. Small balances and accounts you already have arrangements on can wait until the main one has a plan.
First things first: You need to accept that you can only do what your finances allow. What the debt collectors for Cach LLC, or others, do or say will not change your finances. Take every single collection effort in stride while you focus on a having a problem free delivery and healthy child in this last month. Unless you want to lock in a settlement in this final month of your pregnancy, or have a time sensitive deal that would be to your benefit to work out an agreement with, maybe setting aside any concerns for the debts and not responding to debt collectors for the next month is the best idea.
Having said that, let’s drill into the details of reaching your goals of settling the debts using the details you provided. Doing so should set you at some ease, and allow you to relax about the debts a bit for the next several weeks.
Cach LLC is a Debt Buyer and Does Some Collecting Through Attorneys
You can settle a debt owned by Cach LLC with any debt collector they place it with. If the Michael Kittel Sipes collection law firm is contacting you on the Cach account, I would set a realistic target of between 40 and 60 percent for the settlement. I would encourage you to settle the account in one lump sum payment if at all possible.
I rarely suggest sending a debt validation request to a debt collector when you know the debt is legitimate to begin with, and all you want to do is resolve the account for an affordable amount. In this instance, you are in California and so is the attorney debt collector. This would be a clear indication that you have an increased risk of being sued for the debt. Sending a debt validation request certified mail return receipt requested will accomplish a couple of things:
- The debt collector is precluded from making additional collection efforts until they resolve your request. This can take time. How much time will vary, but anywhere from a couple of weeks to eternity (they may never validate the debt and cease collection efforts all together).
- You could find that the Sipes collection law firms client cannot provide the needed validation of debt elements and they would stop collection efforts.
Capital One Collecting on an HSBC Credit Card Account
If the Michael Sipes collection firm is not collecting for Cach LLC, but on the Capital One account, the debt validation letter, in my experience, will not buy you much time at all. Capital One does not sell much debt now, or for the last several years. This would mean the information needed to respond to a debt validation request would be readily available and reposnded to quickly. You did say that the original creditor on the Capital One accounts was HSBC. Capital One took over the HSBC credit card portfolio. If your account fell behind before that acquisition, it could have indeed been sold off to a debt buyer, as that is consistent with HSBC practices. If the debt was purchased, you need to know by whom. You can call into the original creditor to find out.
It would be helpful to know when the last payment was made on the Capital One – HSBC account.
Find Out Who Michael Kittel Sipes Collection Law Firm is Collecting For
You can make one phone call and find out which account the Michael Sipes law firm is collecting on. Once you know that, you can then evaluate whether you want to send a debt validation request, or assess your available cash flow in order to get an agreement to resolve the debt in place prior to delivery of your child.
I am suggesting you do this now so that you can not only approach delivery without the stress of the Sipes firm collecting now, but also while you and the baby get to know each other better after delivery. This would mean calling the Sipes firm in order to learn who they are working for. I do not think it will lead to anything harassing. The goal will be to get something arranged with them in order to eliminate the concern. I can help you for no charge if you would like, but you would still need to make the call and learn who they are collecting for first.
If you can post updates with what you learn about who Sipes is collecting for, I will have some more feedback. My comment feedback will come quicker too. Your question came in while I had some travel commitments that took up most of my time.
First Premier, Comcast, and Bill Me Later Debt Collection
It sounds like you have things well in hand with the First Premier collection account. I am not sure you need any feedback on that, but if you do, let me know the details of what you are working on with them in a comment reply.
Comcast is a fairly small balance and not all that likely to raise its head with an aggressive collection action in the next couple of months. Unless you have the money to address the account Sipes is collecting on, while simultaneously settling, or setting up payment agreements on this account, I would encourage you to focus on what I read as your biggest source of stress, the Sipes debt.
If you are in touch with Bill Me Later and that account is not a source of stress, I see no reason to place this account in a priority over the Sipes collection account.
Conclusion:
Focus on identifying who the Michael Sipe firm is collecting for. Once you know who that is, lets look at delaying things, or coming up with a plan that you can afford so that this stress is removed.
Identify your available resources to tackle the other debts once you have a plan for the Sipes collection account and implement.
If you can tell me when the debts were last paid, and answer other questions in a comment reply, I will have more feedback.
Readers dealing with a Cach LLC account, or with the Michael Sipes firm collecting, are welcome to post in the comment section below for feedback. If you would like to speak with me about your situation you can call me at 800-939-8357, option 2 rings to me.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
What can you do with Collins group when they bought my loan and then they have been harrassing me even though I told them to send to attorney. The judge on case looks at no paperwork sent when I had fraud done on my accounts I tried to settle with 250 dollar monthly payment they refused. They sent letter saying going to take my income tax money which is how I live. What to do about these people??
I would talk to an experienced debt collection consumer law attorney in your state about this. You can find some using the menus here: https://www.consumeradvocates.org/attorney-directory/
Mike, a little different scenario. Avant sold my debt ($6012) to CACH LLC and they had First Step Group contact me about a settlement. At that time I did have a little money saved up and excepted their offer of 50% lump sum payment. I just didn’t want to got through the horror stories. Once I made the payment, I called and asked CACH if they had reported my account in collections and they had not. I pulled my report and they were correct. I then asked them if they would report it paid in full but less than the original amount with a zero balance. They told me since they were not on my credit report they would not report anything at all. They went on to say was the only thing I could attempt would be to contact Avant and ask if they would remove the “charged-off”, even they stated it was very unlikely.
So, to update my credit report, do I send my settlement letter to all three and ask them to show a zero balance, paid in full, less than the amount, or do I do nothing. Just wanting to know where I get credit for settling and paying $3006 on my credit reports.
P.S. I’m assuming it’s a good thing CACH LLC/collections never showed up on my credit report.
Yes, it is a good thing Cach is not on your credit.
Avant is not likely going to remove the charge off. If it is showing with a zero balance owed (as it should be since they sold the rights to the debt to Cach LLC), that is all you need to begin to recover and move on with your credit.
Thanks Mike for the quick reply. It is indeed showing with a zero balance and as a matter of fact it doesn’t even show “charged-off”. It shows purchased by another lender.
Last Reported
Dec 21, 2016
Creditor Name
AVANT
Account Type
Unsecured Loan
Account Status
Closed – Transferred
Opened Date
Jun 17, 2015
Closed Date
Dec 21, 2016
Limit
—
Term
60 Months
Monthly Payment
$0
Responsibility
Individual
Balance
$0
Highest Balance
$5,500
Payment Status
120-149 Days Late
Worst Payment Status
120-149 Days Late
Date of Last Payment
Jun 27, 2016
Amount Past Due
$0
Times 30/60/90 Days Late
3/1/2
Remarks
Purchased by another lender
Hi Micheal, My case is very much like that of McColl dated December 5, 2015. I am also being sued by CACH LLC. While negotiating in earnest with Bank of America I told them I was displeased and would be filing a complaint with the CFPB. They promptly sold the loan and never notified me until they were forced to respond to the CFPB complaint. I wish to seek your expert advise on the options i can and should be pursuing at this time. It’s no secret that CACH LLC and others like them get tons of bad press and unfavorable internet feedback; but my real anger is with the deceptive dealingsI had with B of A. Please contact me and I would like to speak with you off line if possible. Thank You Ron
You can call me at 800-939-8357 ext 2, or fill in the talk to Michael form in the right side of this page so that I can call and/or email you to schedule a time to talk.
I have had a messy schedule the last few days, and will be out today, but back to normal 8 to 6 hours tomorrow.
Hi, I have a judgement in default from CACHE LL. I was not aware of the change in the law that you could be served by mail and the debt was extended an extra year that you could be served. I have tried to settle with CACHE for several years. I am at my wits end as to what to do as cashe will not settle reasonably, mean while the amount of the debt is sky rocketing up $$$$. Help don’t know what to do to get this debt settled.
Thank you Tracy
Call in for a consult about resolving your situation. You can reach me at 800-939-8357, ext 2, or fill in the talk to Michael form in the right column of this page so we can email each other to set up a time.
Just received a copy of substitution of council. I looked up the record on line and cannot find where they bought this bill from. The court matter did say default in judgement in 2011 and is an open account.. I don’t understand . Can u help me with info:
You will want to open up the docket to the point where you are viewing the original summons and complaint. The Plaintiff name may not be the bank, but read further down and see who Cach LLC bought the account from.
Post an update with what you learn, and whether you recognize the debt or not.
Received summons from CACH today. I have 20 days to respond. Says that I have been sued. It is for a credit card debt in my name only, not my husbands. It says the debt was written off and they purchased debt may 2013, but I was still making payments to the credit card company in Sept of 2014. I can not pay entire amount, I have no job and my husbands income has reduced so that we can barely get by with paying the basics. How should I answer. I do not want to go to court and have judgement levied. We are near retirement age. If you can recommend an attorney in our area. NE OK.
Who is the original creditor you were paying?
Hello,
My son and his soon to be divorced wife of only 1 year accrued all kinds of debt while she was in a nursing program. My understanding is that the wife applied for several credit cards in my son’s name and now he is being pursued for the debt. Apparently my name was used as a reference so I have received calls and some letters since my son doesn’t live at the original address or have the original phone number anymore that was on the application. This is not the first debt collection agency I have dealt with. I paid off one debt of about $750. A few days ago I received a letter from CACHE and the law office of Edward Overcash Jr. in Greenville, SC in my son’s name requesting a payment plan. The original creditor is WEBBANK and CACHE LLC is trying to collect the debt. The amount is $3,078.00 Should I forward this to him and should he try to make a payment plan.?I’m tired of being contacted by his creditors and wonder how many more there are out there. I know he needs to pay his debts, but apparently his wife isn’t being contacted. I think he has already spoken to a lawyer and was considering bankruptcy, but has since changed his mind. Thank you for any suggestions.
I would encourage your son to give me a call for a consult. Bankruptcy is sometimes avoided for the wrong reasons. I can help him focus on his future goals and abilities to resolve the debts in order to reach those goals. Filing chapter 7 may be the best path, or he may be better off settling with Cach and other creditors.
He can reach me at 800-939-8357, option 2 rings to me. No charge for the call.
Hello, I was served tonight with papers that I was being sued by a lawyer out of Las Vegas for the Mandarich Law Group on behalf of CACH, LLC. I live in Reno, NV. The amount in question is for $2900. It was for a credit card issued by Citibank. I thought this matter was dropped. My paperwork states that CACH, LLC acquired the debt in mid 2012. Couple of questions, the court packet has several different dates on it, but looks to be submitted and accepted by the local court on 12/29/2105 but I received it tonight. It says I have 20 days to respond. Is that 20 days from today? There is a Declaration of Service sheet in the packet but the places for dates are for 2015. Should I get a new sheet for 2016? I would like to resolve this issue as soon as possible. I am paying off two other accounts, including students loads so my budget is very tight. I believed this matter to be closed as it was not on my credit report. As of tonight, nothing from Citibank or CACH, LLC is being reported. To address this asap, should I contact the attorney or file an Answer? Thank you for your time.
The response time typically begins with then you were served the papers, not when it was originally filed in the court.
You will want to talk with an attorney in Nevada about the declaration of service papers, but it could be those are for the process server to fill out and submit to the court since that is common.
When was it you last made a payment to Citibank on this account?
When you say address this, do you mean defend against it, or try to resolve the debt?
I do often recommend filing an answer and general denial in situations like this. I would encourage you to consult with an experienced debt collection defense attorney in Nevada before taking your next step. Would you like me to email you contact details to some I know of that offer an initial free consult?
Michael,
I am currently out of USA for last few years for personal reasons. I was sent notice by Cach, LLC to my friends residence who denied the summons since I don’t live there. What could happen next from Cach, since I don’t have any details about their lawyers or legal case?
Since I am outside country,how do I deal with legal proceedings (since in earlier post you had mentioned about asking more information through US Post or asking validation letter through post) or deal with Cach itself?
Thanks,
Nachiket
Does the county you are being sued in have free online access to their court dockets? Find out, and if they do, monitor your case file every week or two and see if any service of process is entered into your case. If that happens post an update comment.
Other than watching the docket for the case being withdrawn, or other progress, you could look to negotiate a fair settlement. Given the circumstances you could get a pretty good outcome. Is settling an option for you? Is the debt valid?
Hi Michael,
Bank of America effectively closed a $32,000 line of credit and demanded payment in full in 2012. We had no way to pay it. After determining they would not budge, we stopped making our monthly interest-only payments (account had been open for 14 years, so they made over $30,000 off of us in interest). They charged it off, and sold it to CACH. We received periodic letters from law firms/debt collectors representing CACH with various discounted payoff settlement offers. Most recently, I was served legal documents stating that I’m being sued by CACH, LLC for over $31,000. In researching the lawyer listed for Plaintiff, the office is Emerson Law in Brookfield, WI, though the citation shows a Dallas address.
They have photocopies of the loan application documents. Discovery request, request for disclosure, request for admissions. I have to answer by Dec. 21.
At this point I’m wondering if I should contact the attorney and seek a settlement for a lump sum. Enerson previously have offered amounts of $12,000 (two $6K payments). Perhaps one lump sum amount, less than that, might be acceptable to them. I spoke with an area consumer law attorney who will represent me for a reasonable flat fee. Do you think the attorney will be able to drive a better bargain with them on a settlement?
I have read that I should seek a “dismissed with prejudice” (so they can’t sue again on this debt. Also to get a settlement agreement in writing that states terms before making the lump sum payment. Is it advisable/ realistic to require in the terms that CACH report the debt as paid to the credit reporting agencies?
I really gathered a lot from reading the other comments, and would greatly appreciate any advice you have for me.
Give me a call for a quick consult at 800-939-8357, option 2 rings to me. I think you are in a good position to get this settled on your own, or by working with the attorney, but I want to share some things off line.
Michael,
Thank you so very much for taking the time to talk this over with me. You’ve offered great advice, and we have a solid plan to move forward. I will await your email and promise to keep you updated.
Michael,
Can’t thank you enough for taking the time to speak with me and offer your advice. I’m certain I’m not alone in feeling overwhelmed and fearing that which is unknown about the complex labyrinth surrounding these types of situations. You are doing a great service to protect consumer interests and offer hope and reassurance to those of us outside of our comfort zone.
Thanks to your guidance, we have secured great legal representation locally and have a solid plan moving forward.
Will update you with any relevant news.
Thanks so much!
Hi Michael,
I live in Sacramento Ca. A person came to my door last Friday and handed me a Summon dated 11/13/15 that says I have 30 days. I am confused if the 30 days to respond is 11/13/15, or the day the person delivered the Summon to me? There is no instructions. It is from Cach LLC.
My other question is I have other credit card debts as well and want to file BK, the problem is that I don’t have the money right now to hire an attorney. I heard there is a fee to answer the Summon and cost just as much as filing for BK? What if I file BK, do I still need to answer the summon? I need to buy time to save up to hire an attorney, or can I take out a 401K to hire an attorney? What are my best options right now?
The time to respond to a lawsuit generally begins from the day you were served.
Fees are high in California courts, but they are not so high as to equal the cost of bankruptcy.
You should consult with a bankruptcy attorney about filing a general denial to the Cach LLC suit, or if they even recommend doing so.
How long is it going to take to pull together roughly $1,500?
I called and spoke briefly with an attorney who advised that I should respond to the Summon, and saying one or two sentences would be good enough to delay the process and help buy me some time. I think I can come up with S1,500 early of February 2016.
I also called the court to verify the amount I would need to pay to file an answer and the person told me it would be $181 (the amount it cost the Plaintiff to file).
I also started filing out the Answer-Contract(PLD–C–010) form.
Since I am needing to buy some time before I can file for BK in February 2016, do you think it would be ok to fill out the form as best I can and bring it to the court house to file on my own? Do you have any suggestions of wording I should maybe use to file out in the form?
You should be able to make it to February if you file a general denial to the lawsuit. Many people can successfully file their answers without an attorney. Do a search for “filing general denial to a credit card lawsuit”.
Also, you can usually access your local court records on line now. Look at collection lawsuits filed by Cach and find one who filed a response and see what you can use from those.
Thank you so much Michael!
Hi Michael.,
So I am gathering information to fill out a response to the credit card lawsuit. Now I am confused about the Proof Of Service form POS-030. What I get out of The saclaw.org instructions is that the server fills out the form, makes a copy but do not sign the POS form, and include the unsigned POS form in the packet he/she is to mail out to the attorney. So does the server only sign the original POS form and gives that back to me?
Can the server sign the POS-030 form, make a copy and include the signed copy of the POS-030 form in the packet to be mailed to the attorney? Or can the server sign the copy and the original separately? Does it make a difference? Does the Plaintiff need to receive a copy of the signed POS to be acceptable, or is this just the court’s requirement (hence why the saclaw.org instructions does not mention that a signature is required on the POS that’s being mailed to the attorney or other parties)?
Please help. Thanks for all that you do.
Scarlett
Sacramento, CA
I do not know the answer to your question. You will need to contact an attorney practicing in your state. Try calling the one you consulted with about bankruptcy that encourage you file the answer. You can also ask the court clerk what the protocols are when you file it. The clerks are often really helpful on clerical issues (just not legal ones).
Hi Michael, so I filed an Answer on 12/23/15, and just received Request for Admissions, Special Interrogatories, and Request For Production Of Documents from Mandarich Law Group for CACH, LLC yesterday. I just need to buy some time until I can file BK Chapter 7 in April or May. Do I really need to respond to the RFA, SI, and RFPOD, and what would happen if I don’t respond? Just curious but what will the plaintiff (Attorney) do with the RFA, SI, and RFPOD, investigate? Will these documents be presented to the court or judge too? I’m located in Sacramento, CA. Please share your thoughts, experience, and advices. I would really appreciate it. Thank you.
I cannot offer you legal advice Scarlett. If it were me I would only respond or participate in discovery to the point there is a deadline prior to my bankruptcy filing. If there are admissions and document production due by April 1st, I would probably meet the deadline, file my bankruptcy, and let my attorney take things from there (the collection action in the court stops upon notice of your bankruptcy filing).
If you want to run your scenario and goals by an experienced debt defense attorney in CA let me know. I will email you contact details.
Hi Michael,
About a year and a half ago, I posted a question to you regarding CACH, LLC suing me for more than $24,000 from a credit card 30 years old. At the time I was scared, I had no knowledge of the card, no way on earth to even begin thinking about paying it off, but clearly they had me. You gave me advice and recommended I contact a lawyer due to the very large amount and the fact that they had served a subpoena with a court date set. I live in NH and you recommended Roger Philips, an attorney in Concord, NH. I need to let you know, and any individual facing this type of lawsuit with CACH or anyone else, Roger Philips has settled this lawsuit in a manner that is so agreeable to me and doable that it will not only get the lawsuit off the books, it will allow me to pay whatever I might have owed, because I don’t believe that it was over $24K, but it will also allow me to start building my credit score up again because of the stipulations Roger placed in the agreement. I will be finished with this in 8 years. I don’t have to file for bankruptcy, I don’t have to go to court and I owe it all to Roger Philips in Concord, NH and to you for recommending him to me. Please continue to recommend him. He is kind, knowledgeable, and has been doing this for decades. He is someone who really cares about the consumer and puts all of his expertise and knowledge out help those in bad situations with credit card and back owed payments wracked and riddled with interest and late fees. His fee DID NOT put any strain on my already strained pocketbook. Thank you, thank you, thank you! Email me directly if you need any further information. Have a great day!!!
Thanks for sharing the outcome and your experiences with your attorney Lori. It means a lot for people to be able to read through the comments and see the outcomes people are getting. It can help people power through their own challenges.
Michael, my daughter was served a summons to appear in court for a debt CACH bought from Citibank. It is a student loan that my sister cosigned for so they both have to appear in court. What can my daughter do so that she can settle this without going to court? Also, if my daughter settles with CACH can they still come after my sister?
When was she served?
I would encourage you or your daughter to give me a call so I can dig into some details that I will need in order to offer better feedback. You can reach me at 800-939-8357, choose option 2, or reply to the email address you get these comment notifications from (those all come to me).
Michael,
I had a loan with capital one that went into collections. I made a agreement with the collection agency that took over the account and paid the collection agency a lump sum to clear it out. However, it is still showing on my credit report. How can I get it cleared off my credit report and is it possible to do so?
Capital One will report the derogatory item on your credit reports for up to 7 years and 6 months.
The collection agency, if they are reporting too, should only show on your credit reports for the same period of time as Capital One. In other words, the accounts should fall off your credit on the same day.
Resolved collection accounts on your credit reports are not necessarily going to hold you back from credit and finance approval.
There is really no way to get them removed from your credit reports if the items are accurate, complete, and up to date. You could try some dispute letters and the like, but the process is not know to be effective with Capital One.
Thank you,
One more question they had a old employer listed as current which was incorrect I was unemployed at the time? Can that be disputed or would that not matter? I also, never received notice from capital one just a Collection agency in which I paid the lump sum requested. I’m unaware if capital one had my current address at the time as well so that could possibly be a reason why I didn’t receive notice I’m assuming.
You can dispute the employer entry as not your current one if you wish, but I would not do that if you still have unresolved collection debts out there.
Also, When does the date start the 7years is it when it was closed out?
The date typically starts with your first missed payment to Capital One.
I am being sued by CACH for a loan taken out in 2008. I have bank statements showing that we have paid them, well over what was owed.
Can you recommend a good attoney in Carrollton, GA?
Michael,
I am asking on behalf of my husband about a debt showing on our credit for cach llc amount of $5800. I had received some kind of correspondence on it a few years ago and was not sure about it since it listed it as a citibank account and we had never had anything with citibank. I requested validation as to what the debt actually was. On Dec 18,2013 I got a letter from an attorneys office (Joe Pezzuto llc) in Arizona. We live in Oregon, with verification of the debt (it was a Sears credit card from years back that we didn’t pay on because we had both lost jobs and foreclosed on the house) It said that I should contact them to discuss the account however I did not do this because at that time we just didn’t have any money even to start making a settlement. The calls and letters stopped and I have not heard anything since that letter in 2013. We recently became aware of the issue still on my husbands credit when getting a car loan and since in the near future we may be able to think of buying a home again I was wanting to finally get it cleared up. Is there harm in calling or writing that law firm now and attempting to get a settlement? Should I just contact Cach LLC ? I’m worried about the collection calls starting up again to my husband. Is there some kind of time limit on this debt being removed from his credit report ?
There are all kinds of limits to a situation like this. Time limits to be sued; for credit reporting; and even a limit to negotiating on the phone because a written acknowledgement of the debt in Oregon has the potential to restart the limitation on being sued (better to call and talk and negotiate rather than send an offer to pay in the mail).
I can help you navigate some of this if I knew the following:
What month and year the last payment on the Sears card was made?
What amount of money you can pull together to settle this debt with Cach LLC, in say a month or 3’s time?
Thank you for responding,
From what I can tell on the pages the attorney sent me when I requested verification of the debt, The last payment made on the sears card was 7/29/2010 and the account was charged off on 3/11/2011. I mentioned before the attorney/collector sent the letter verifying the debt on 12/18/13. My goal would be to get this removed from my husbands credit reporting asap so that if we apply for a home loan there will be nothing showing. I could take money from my 401K to settle it ( I do NOT have any savings at all so thats where it has to come from) I would like to settle for 50 percent or less. Does that seem reasonable? If we didn’t buy a house now and just waited out a couple of more years would this just drop off his credit report? Thank you for your advice
Match up those last payment dates with what is appearing on his credit reports for the Sears account. Let me know if the credit reports show anything different.
It is highly unlikely you will be able to negotiate removal from your credit reports with Cach LLC. But it is realistic to still be able to get a home loan approved once you resolve the debt with Cach, and they update the credit reports to show a zero balance owed.
A 50 percent settlement with a Cach attorney is reasonable.
There is a 6 year statute of limitations to sue you for collection in Oregon. That clock began ticking with your first missed payment, which I currently assume was August of 2010. That means they have some time left to sue.
There is up to a 7 and one half year limitation for how long most derogatory information stays on your credit reports. That clock also started ticking with your first missed payment. Citibank and Cach LLC would drop from your credit reports at the same time (Cach does not get any extra time to report).
Because you can still be sued, and getting your credit reports updated will help you reach your goal, and because you are in the financial position to do so, I would look to settle the account with Cach. Just be sure you jump in with both feet and get a deal done if you are going to do it. You have not heard from them in a while, so waking them up to the fact that they have a debt to collect, while necessary, could lead to aggressive collections if you fail to reach a settlement agreement.
Hello,
I recently entered into a payment agreement with G. Reynolds & Sims on behalf of CACH, LLC. I honored my agreement and paid on time. I have received an Order Setting Aside the Judgment and Dismissing Case with Prejudice and Without Costs, however, CACH, LLC reported this as a judgment to the Credit Bureau. I contacted G. Reynolds, who advised they would contact CACH, LLC to advise them to get this corrected. In the meantime, I went to the 18th District Court and obtained the Register of Actions. Is this enough to submit as supporting documentation to get this off of my credit report?
Thanks, Michelle.
It should be enough when copies are included with your written dispute to the credit bureaus that you send certified mail return receipt requested.
Thank you, Michael! I am going to add this site as a “favorite”! This site is truly a great resource!!!
What is considered true validation of debt? I recently requested this from Cach and they sent me a “Bill of Sale and Assignment of Loans” on BofA letterhead between Cach and FIA card services. It contains no detail on the actual debt.
They included what looks like a bill for the amount they are asking but it isn’t from BofA, the letterhead of the bill is from WorldPoints.
Is this considered validation of debt?
What state do you live in? Have you been sued?
Hi Michael,
I live in California and have not been sued.
Thanks
Cach is a debt buyer. Depending on when they purchased your account from Bank of America, they may have to comply with California’s Fair Debt Buying Practices Act (FDBPA). Read this article I wrote about the impact of the FDBPA on consumers in CA. If yours is a purchased account that is passed the implementation date for newly purchased debt, Cach may not have met all of what they are required to do when responding to a debt validation request from someone in CA.
If your BofA debt is pre-FDBPA, the threshold for responding to your validation request is painfully simple. I would run your question by an experienced debt collection defense, and FDCPA attorney in CA. I can send you contact details to an attorney offering a no cost initial consult if you like?
Great article, thank you.
I am coming up on the 4 year mark on last activity for this credit card so they may resort to a suit soon if I don’t respond.
It would be great if you could provide that contact information, I can be reached at the email address provided in this post. If you need additional information please let me know.
Thanks.
With the 4 year mark reference you made, yours is a pre-FDBPA account. I will email you contact details for Jeremy.
I just received copies of paper work from the Superior Court in my area, it’s basically a wage garnishment. Is there anyway to make arrangements with CACH to pay this off monthly (at an amount I’m comfortable with) now that paper work has been sent to my employer? I am not in a position to have my wages garnished but I am very much interested in paying this off since I’m trying to rebuild my credit.
It is not common to get a judgment debt collector to back off of a wage garnishment. Not after all the work that goes into getting a debt to that point, and especially if there have been no efforts to work something out until now.
I see people have more success asking for a hearing to contest the garnishment as causing an undo hardship. If you can get the court to agree that you are partially, or fully exempt, you would tend to have a better shot of getting an affordable payment.
Liz – I forgot to point out that offering a reasonable settlement amount, depending on the circumstances, could help to avoid the garnishment, and resolve the debt so that your credit report won’t be weighed down by an unpaid judgment.
How much is the judgment Cach has?
Can you raise, say 60 percent of that, and if so, how long would that take?
Hi, Michael. I’m in New Jersey and dealing with the Law Firm of Allan C. Smith, P.C. who are collecting on behalf of CACH, LLC. I was not able to attend a court date, hence, the judge ruled in CACH’s favor for judgment. I contacted the Smith law firm explaining I can only afford to pay $50 monthly until such time I can pay more, or, perhaps even come to a different settlement arrangement. They say this is unacceptable because of the current state of the account. Their offer is to, essentially, max out the balance of my credit card, then pay $100 monthly for 27 months. This arrangement puts me at risk.
What are my options at this point as I am making an effort to satisfy a debt, but, cannot accept their option? If this is all I can pay, isn’t CACH legally obligated to accept under the circumstances?
Sincerely,
Brutus
Unfortunately, no, the attorney for Cach, Allan C Smith, is not obligated to accept your offer, and also has extra ordinary means to collect from you now that there is a court judgment.
How much is the judgment?
Are you working?
Do you own a home?
I received paperwork for mediation last year for CACH,LLC and never answered it. This was the only paperwork i received. Today i found out i have a judgement against me from march of this year for $2600. My credit report still shows Bank of America as Ceditor with balance of $2405 with open date 7/12(when CACH purchased debt,reported 10/14 and last active 10/14. There has been no activity on this account since before 2011. I dont understand any of that or if its even legal for it to be listed like that. Will they settle for less than judgement??? Do I deal with CACH,LLC or BOA???
From how I read your comment, I am not seeing anything wrong with the credit reporting, unless BofA still shows a balance being due them, when it can’t be, asthey sold the debt to Cach LLC.
You will need to call the attorney for Cach in order to settle. Do you have access to half-ish of the judgment balance?