“Debt Settlement Order” Text Spams – How do they work?
"There are likely to be two approaches: An autodialer of any description would be more than capable of sending an SMS or initiating a direct telephone call with any set of telephone numbers.  Such autodialiers can run off a personal computer via VoIP or some such third-party.  As to getting the numbers, it can be either from a purchased list (if they're serious about this and are obeying any call opt-out lists) or simply a number range dialed sequentially, whether they work or not. In a more serious operation, any returns are fed directly to a call centre where real human beings then initiate direct contact.  Otherwise it is simply a fishing expedition and any valid numbers can then be sold to other agencies as a screened list (and, therefore, more valuable). From an SMS perspective, anyone can purchase a vendor-level SMS Gateway subscription (of which there are loads of vendors - and note the number that allow ""web-to-SMS"") which permits you to receive and respond to any SMS received. This is always about the ""law of large numbers"".  If they can get in the hundreds of thousands of valid numbers and a small number respond then they can make money.  Like any spam, because a few are gullible, the rest of us are targets too. Update: A few searches for ""software auto sms"" and similar results in a fair number of prospects.  As I don't wish this to become too much of a ""how-to"" I'm not going to link."
This sounds like a shady trick. I would consult with a consumer debt lawyer in your area. Most county bar associations in the US have a referral service, where they recommend a local lawyer and there is a reduced fee for the initial visit. I think the statute of limitations is 10 years in most cases, but it depends on where you live. From these bare details,I think they don;t have much of a case. Go see a lawyer and don't let them harrass you. This shows the impact of the inquiries. It's from Credit Karma, and reflects my inquiries over the past two years. In my case, I refinanced 2 properties and the hit is after this fact, so my score at 766 is lower than when approved. You can go to Credit Karma and see how your score was impacted. If in fact the first inquiry did this, you have cause for action. In court, you get more attention by having sufficient specific data to support your claim, including your exact damages. "You say your primary goal is to clean up your credit report, and you're willing to spend some cash to do it.   OK.  But beware: the law in this area is a funhouse mirror, everything works upside down and backwards. To start, let's be clear: Credit reports are not extortion to force you into paying. They are a historical record of your creditworthiness, and almost impossible to fix without altering history.  Paying on this debt will affirm the old data was correct, and glue it to your report.  Here's how credit reporting works for R-9 (sent to collections) amounts.  The data is on your credit report for 7 years.  The danger is in this clock being restarted.  What will not restart the clock?  Ignoring the debt, talking casusally to collectors, and the debt being sold from one collector to another.  What will restart the clock? Acknowledging the debt formally, court judgment, paying the debt, or paying on the debt (obviously, paying acknowledges the debt.)  Crazy!  You could have a debt that's over 7 years old, pay it because you're a decent person, and BOOM! Clock restarts and 7 more years of bad luck.  Even worse-- if they write-off or forgive any part of the debt, that's income and you'll need to pay income tax on it.  Ugh!  Like I say, the only way to remove a bad mark is to alter history. Simple fact:   The collector doesn't care about your bad credit mark; he wants money. And it costs a lot of money, time and/or stress for both of you to demand they research it, negotiate, play phone-tag, and ultimately go to court.  So this works very well (this is just the guts, you have to add all the who, what, where, signature block, formalities etc.):   1 Company and Customer absolutely disagree as to whether Customer owes   Company this debt: (explicitly named debt with numbers and amount) 2 But Company and Customer both eagerly agree that the expense, time, and   stress of research, negotiation, and litigation is burdensome for both of us.    We both strongly desire a quick, final and no-fault solution.  Therefore:  3 Parties agree Customer shall pay Company (acceptable fraction here).    Payment within 30 days.  To be acknowledged in writing by Company.  4 This shall be absolute and final resolution.  5 NO-FAULT.  Parties agree this settlement resolves the matter in good faith.   Parties agree this settlement is done for practical reasons, this bill has not been established as a valid debt, and any difference between billed and settled amount is not a canceled nor forgiven debt.  6 Neither party nor its assigns will make any adverse statements to third parties relating to this bill or agreement.  Parties agree they have a continuous duty to remove adverse statements, and agree to do so within seven days of request.  7 Parties specifically agree no adverse mark nor any mark of any kind shall be placed on Customer's credit report; and in the event such a mark appears, Parties will disavow it continuously.  Parties agree that a good credit report has a monetary value and specific impacts on a customer's life.  8 Jurisdiction of law shall be where the effects are felt, and that shall be (place of service) regarding the amounts of the bill proper.  Severable, inseparable, counterparts, witness, signature lines blah blah. A collector is gonna sign this because it's free money and it's not tricky.  What does this do?  1, 2 and 5 alter history to make the debt never have existed in the first place.  To do this, it must formally answer the question of why the heck would you pay a debt that isn't real and you don't owe: out of sheer practicality; it's cheaper than Rogaine.  This is your ""get out of jail free"" card both with the credit bureaus and the IRS.   Of course, 3 gives the creditor motivation to go along with it.  6 says they can't burn your credit. 7 says it again and they're agreeing you can sue for cash money.  8 lets you pick the court.  The collector won't get hung up on any of these since he can easily remove the bad mark. (don't be mad that they won't do it ""for free"", that's what 3 is for.)  The key to getting them to take a settlement is to be reasonable and fair.  Make sure the agreement works for them too.  6 says you can't badmouth them on social media. 4 and 5 says it can't be used against them. 8 throws them a bone by letting them sue in their home court for the bill they just settled (a right they already had).  If it's medical, add ""HIPAA does not apply to this document"" to save them a ton of paperwork.  Make it easy for them. You want the collector to take it to his boss and say ""this is pretty good. Do it.""  Don't send the money until their signed copy is in your hands.  Then send promptly with an SASE for the receipt.  Make it easy for them.  This is on you.  As far as ""getting them to send you an offer"", creditors are reluctant to mail things especially to people they don't think will pay, because it costs them money to write and send.  So you may need to be proactive about running them down with your offer.  Like I say, it's a funhouse mirror." Request verification in writing of the debt. They are required to provide this by law. Keep this for your records.  Send them a notice by certified mail stating that this is not your debt and not to contact you again. Indicate that you will take legal action if they continue to try and collect. Keep a log of if/when they continue to call or harass you. Contact counsel about your rights under the fair debt collection laws, but if they keep harassing you after being provided proof of your identity, they are liable. You could win a judgement in court if you have proof of bad behavior.  If your identity is stolen, you are not legally responsible for the charges. However it is a mess to clean up, so pull your credit reports and review your accounts to be sure. "She claimed that she makes money. When you wanted to make some too, she asked for your account credentials - which are only needed to take money away, never to give. The simplest explanation would be loan scam: Even if you have only $10 on your account, you can lose much more - the trick is that someone using your credentials can take an online loan in your name, and steal that money. If the scheme is long-running, she'll be taking new loans and using the money to pay back the earlier ones, building up credit history for her victims - only to allow taking even bigger loans. Her victims see the incoming transfers and are happy about the scheme ""working"". Until she decides that the pot is big enough to cash it in and disappear, leaving everyone deep in debt. Those who fell for this could be already defaulting loans they have no idea about and the loan companies have no way of notifying them, because she redirected the contact details. Never reveal your password. Nobody needs your password for any legitimate purpose." You can complain to the Financial Ombudsman Service in Australia.  I've never used them in particular but generally organizations will respond much faster once you get the ombudsman involved. However, since you say they've now kept their promises, the ombudsman is unlikely to do much more than listen sympathetically. This is called a fraudulent conveyance because its purpose is to prevent a creditor from getting repaid. It is subject to claw back under US law, which is a fancy way of saying that your friend will have to pay the bank back. Most jurisdictions have similar laws. It is probably a crime as well, but that varies by jurisdiction. "As a former debt collector myself, I can tell you that we did occasionally get someone claiming that they weren't who they really were. However, it was pretty obvious who was telling the truth after a while. Above all else, just be calm and polite. Technically, you can also say ""do not call this number again"" and they have to stop calling, but I wouldn't do this right off the bat. Its best if they are convinced that you aren't the guy they're looking for. Calmness and politeness are traits that debtors usually lack, sometimes because they are just normal people overwhelmed with their situation, and sometimes because they are irrational loser (sorry, but its true). Either way, if you are consistently calm and unconcerned about their threats, they will either give up or realize you aren't the guy. Eventually they will stop calling you (or at least I know I would have stopped calling you)." "Sue the debt collectors in small claims court.   There are several example stories around the internet, but this is a well written one from the consumerist. If your phone is a cell phone: ""it  is against the law for a company to  leave a pre-recorded message on your  cell phone."" In fact, the call frequency increased   once they realized they had reached a   live person. I called each of these   companies multiple times, and though I   was given assurances each time that my   number would be taken off of their   lists, the calls continued, morning,   noon and night. At my wits end, I   decided the only way to have the   harassing calls stop was to file suits   against the collection companies. It's   very important to understand that it   is against the law for a company to   leave a pre-recorded message on your   cell phone. Armed with this knowledge,   I filed suit against several of the   collection companies. I filed in small   claims court so I did not need to hire   an attorney, and the process was as   simple as completing a paragraph on a   complaint form. For evidence, I had   over a hundred Google Voicemail   transcripts showing the times the   companies called and the text of the   pre-recorded messages. Mysteriously, the calls all stopped   immediately on the same date the   collection companies received the   certified letters stating they were   being sued. Then a new flurry of calls   began pouring in. This time it was   their attorneys. The attorneys representing these out   of state collection companies were all   desperate to settle out of court. hey   did not want to incur the expense of   traveling for court or hiring a local   law firm who wasn't on retainer. They   also understood they had no   justifiable defense for the calls. To   make a long story short, so far I have   successfully sued 3 of these   collection companies and settled for   more than $5,000 out of court. All it   cost me was $35 and 20 minutes per   suit. Making these companies pay is the only   incentive for them to stop their   illegal and harassing practices. If   more consumers knew their rights and   actually took a few minutes to stand   up for them, it would become less   profitable for these companies to   conduct business the way they do now. -Source And whether you have a cell phone or land line,  It is illegal for the debt collectors to tell you they are calling to collect a debt for someone else under the Fair Debt Collection Practices Act (wikipedia, ftc docs). What Remedies Are Available If The   Debt Collector Violates The Law Under   the Fair Debt Collection Practices   Act, you have the right to sue a debt   collector in state or federal court   within one year from the date of the   violation. If you win, you may recover   damages in the amount of any losses   you suffered as a result of the   violation, plus an additional amount   of up to $1,000.00. You may also be   able to recover court costs and   attorney fees. If the same debt collector has engaged   in unlawful conduct with a number of   consumers, it may be possible to find   a lawyer who will file a class action   lawsuit. -Source With regard to whether you can sue under FDCPA if you are not the debtor, one FDCPA lawyer (take with grain of salt) says yes: Did you know that it doesn't matter if   you owe the account the debt collector   is calling you about or not? If a debt   collector violates the FDCPA (the   federal Fair Debt Collection Practices   Act, 15 USC 1692 et. seq.) that debt   collector could be liable to pay you   statutory damages, actual damages,   attorney's fees, and court costs. -Source" If they're making 100k a month in sales, why do they need your 92k so badly that they're willing to pay 200% annual interest? Going to a loanshark or the mob would be cheaper, to say nothing of all the legal options available to them. Or they could just wait three weeks for revenue to cover it. Nothing about this adds up to anything other than a scam. Your friend might be well-meaning, but someone along the line is looking for a sucker. "I don't have a crystal ball but chances are your tenant is definitely lying. Rent was late and now the money intended to cover the rent; miraculously is lost in the mailbox. Anyhow, you were already nice to tolerate the late ""payment"". Keshlam's option 1.5 in the comments above is the ideal way to settle in which both parties have learned a lesson and are at a loss. Demand the rent payment but settle for half as a one time courtesy. If this continues or this tenant has shown shady predicaments such as this, you should look for legal means to evict this tenant.  College students are very creative and who's to say this won't happen again? ""The neighbors dog took my wallet.""" Someone else might be able to provide more details - but generally yes, of course.  International corporations can pursue debt collection across borders - whether or not they do is a matter of convenience rather than law.  My understanding is that a company's ability to report on your credit report is dependent on their membership in Equifax, USA etc. - so while most of your credit is country by country, international companies or companies with any relationship in other countries can follow you cross-border if they find out your new address and report the debt w/ that address.  Since virtually every major company has some American affiliate, I wouldn't hold my breath that you can escape it indefinitely ESPECIALLY since you don't already have the debt, and have the power to actually pay for the service that you're using.  Also - this is an incredibly scummy thing to do, and no matter how you dress it up as a financial decision it's just theft. Would you leave the country without paying your landlord? Without paying for groceries or other physical goods? Why is stealing from a telecom company any different? "It's not usually apparent to the average consumer, but there's actually two stages to collecting a payment, and two ways to undo it.  The particular combination that occurs may lead to long refund times, on top of any human delays (like Ben Miller's answer addresses). When you pay with a credit card, it is typically only authorized - the issuing bank says ""I'm setting this money aside for this transaction"", but no money actually changes hands.  You'll typically see this on your statement as a ""pending"" charge.  Only later, in a process called ""settlement"", does your bank actually send money to the merchant's bank.  Typically, this process starts the same day that the authorization happens (at close of business), but it may take a few days to complete.  In the case of an ecommerce transaction, the merchant may not be allowed to start it until they ship whatever you ordered. On the flip side, a given transaction can be voided off or money can be sent back to your card.  In the first case, the transaction will just disappear altogether; in the second, it may disappear or you may see both the payment and the refund on your statement.  Voids can be as fast as an authorization, but once a transaction has started settlement, it can't be voided any more.  Sending money back (a ""refund"") goes through the same settlement process as above, and can take just as long. So, to specifically apply that to your question: You get the SMS when the transaction is authorized, even though no money has yet moved.  The refund money won't show up until several days after someone indicates that it should happen, and there's no ""reverse authorize"" operation to let you or your bank know that it's coming." Good! The article says it was some kind of collateral protection insurance that customers were signed up for despite it being unrequired for the loan. The accusations is that WF racketeered about 800,000 loans by bundling in this bunk insurance cost as part of the loan structure. I'm glad you're not caught up in it. Eric is right regarding the tax, i.e. ordinary income on discount, cap gain treatment on profit whether long term or short.  I would not let the tax tail wag the investing dog. If you would be a holder of the stock, hold on, if not, sell. You are considering a 10-15% delta on the profit to make the decision.  Now. I hear you say your wife hasn't worked which potentially puts you in a lower bracket this year. I wrote Topping off your bracket with a Roth Conversion which would help your tax situation long term. Simply put, you convert enough Traditional IRA (or 401(k) money) to use up some of the current bracket you are in, but not hit the next. This may not apply to you, depending on whether you have retirement funds to do this. Note - The cited article offers numbers for a single person, but illustrates the concept. See the tax table for the marginal rates that would apply to you.