- Report: #438529
Complaint Review: Bowman Heintz Boscia And Vician - Merrillville Indiana
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Bowman Heintz Boscia And Vician
8605 Broadway Merrillville, 46410-7033 Indiana, U.S.A.
Phone:
219-7696671
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Bowman, Heintz, Boscia And Vician After 3 years they sue me on a debt the original owner refused payment of Merrillville Indiana
In July 2005 my husband & I put this account & others with a debt solutions company, in Sept my husband was killed and so I wanted to payoff these debts of mine while I had the funds from insurance. I called Citibank who had the account and was told they could not deal with me as they did not have the account anymore. I assumed someone from the company that bought would get in touch with me. Also I pulled a credit report on myself and Citibank had charged off the debt. That was Feb of 2006.
In Sept of 2008 out of the blue I received a call from Midland Funding saying I owed over $1600 to them on the Citibank account. I had never heard of Midland Funding and refused to discuss it as over the years and dealing with legal and medical issues from my husbands death the account had been forgotten. I dug out my paperwork and found that the Citibank employee had refused to deal with me on this account. I am a very hot headed person , especially when I feel I'm being taken advantage of especially now after 32 yrs. I'm on my own. It boiled down that Bowman, Heintz Boscia and Vician contacted me and threatened lawsuit. I responded with a letter explaining why I felt I did not owe this anymore as it had been written off and Citibank had refused to settle the account when I offered it.
No matter I am being sued and go to court May 11 over this, after not hearing ANYTHING at all for almost 3 years. I also told them I am now unemployed and do not have any income at all, what savings I do have will have to last me for how ever long it takes me to find a new job in this economy. I will fight this "until the death".
Monte
Kokomo, Indiana
U.S.A.
In Sept of 2008 out of the blue I received a call from Midland Funding saying I owed over $1600 to them on the Citibank account. I had never heard of Midland Funding and refused to discuss it as over the years and dealing with legal and medical issues from my husbands death the account had been forgotten. I dug out my paperwork and found that the Citibank employee had refused to deal with me on this account. I am a very hot headed person , especially when I feel I'm being taken advantage of especially now after 32 yrs. I'm on my own. It boiled down that Bowman, Heintz Boscia and Vician contacted me and threatened lawsuit. I responded with a letter explaining why I felt I did not owe this anymore as it had been written off and Citibank had refused to settle the account when I offered it.
No matter I am being sued and go to court May 11 over this, after not hearing ANYTHING at all for almost 3 years. I also told them I am now unemployed and do not have any income at all, what savings I do have will have to last me for how ever long it takes me to find a new job in this economy. I will fight this "until the death".
Monte
Kokomo, Indiana
U.S.A.
1 Updates & Rebuttals
Robert
Irvine,California,
U.S.A.
Suggestions...
#2Consumer Comment
Sat, March 28, 2009
First sorry about your Husbands death, but there are things you are going to need to know about and check. The fact that it was Charged-Off by Citibank does not relieve the responsible party of the debt. That is just an accounting term that they are required to use. What they do is sell the debt to another collection agency(Midland). Once this is done Citibank is actually restricted from talking to you about the account because they no longer have the legal right to it. The first question who is the responsible party for the debt. If this was not a joint account, and it seems you live in IN which is not a Community Property State. The debt would be owed by your husbands "estate". This is generally handled through the probate process. If there is no money in his estate then they can't collect. If this was a joint account, where you were more than just an Authorized User then you may be legally responsible for this debt. Since it appears you stopped paying Citibank around 9/2005 they are still in the Statute of Limitations(for IN it's 6 years) for a suit. Depending on exactly what you wrote in the letter(and if they still have it) you may have admited that you owed the debt. What ever you do GO TO COURT, to defend yourself. If you don't go they will get a default judgment against you. If this debt has been passed around to several collection agencies, there is a chance that they have "lost" the original paperwork. So in court you need to make them prove that you are an account holder, that they have the legal right to collect on the debt, and that the amount of the debt is valid. In case you loose also bring all your financial documents to show your lack of ability to pay. The judge may force them to work something out with you as regards to a payment plan. This is just things you need to check and look into. Since there could be some specifics left out of your situation you should at least consult an attorney. Paying for an hour's time may be worth it if they can give you specific advise to your situation.
