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zwerp2000 | Debt collector giving me problems? |
I had a credit card that i was making monthly payments on for a few years. I hit a rough patch and fell behind on the payments but continued to pay something. I exceeded my credit limit for a few months so i got a call from a debt collector. They demanded that i make a payment plan with them. i gave them $1000 so i didn't exceed the credit limit anymore and made a plan w/them at $500/month. After 4 months they call again and say i have to make another deal with them because the deal i originally made was only for 4 months. They want another $500 down and for me to continue paying $500/month so in the end, it will cost me an extra $500 this month. I have been a customer of their's for a while and can't believe this. I am going to tell them i will continue with the $500 payments but i am not making an additional $500 payment to start another plan. If they don't like it, they can sue me. I can't see how a judge would make me pay the entire balance given the facts. Thoughts? tia |
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annie w
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It appears they put you on a temporary payment program. Let them know the situation, let them know you can't pay $1000 this month. Obviously, the balance is high for your payment to be this much. You may have been a customer for a long time, but unfortunately you were not always a good paying customer. When you used their card, you agreed to the terms. The terms state you have to make a minimum paymet. According to you, you hit a rough patch and paid something. That wasn't the terms of the credit card. If ultimately they would sue you, the judge would make you pay the entire balance if they get the judgement. This could also include court costs and legal fees. The judge would recognize you did not pay per your contract. Try to see what you can work out with the creditor, so you can avoid a lawsuit. Good Luck. *** Crazyjes--It is not an implied contract. It is a program they put him on to get him caught up on his payments. It does not make the original contract null and void. It is a courtesy that they put him on a payment program--not something they have to do.The courts will not throw this out. It is a legal contract. ***CRAZYJES--I would not have written my response if I did not know what I was talking about. If you default on a credit card, they can request your balance at any time. If they put you on a program, it does not make your original agreement null and void. You can be put on a hardship program, true, but it is a courtesy per the credit card company. If you fall off by missing a payment, they do not have to keep you on the program and again they can demand the up to date amount or the balance. They can also put you on a program that you would make 3 minimum payments and they would reage the account --in other words bring it current, and then you would keep on making the monthly payments. It doesn't appear to be a 3rd party collector due to he stated he has been a customer of their's for a while. It appears it is the same credit card company. If it is, they still would have the right to send it to an attorney. I work for a major credit card company, so obviously I do know how it works. We also keep alot of our accounts in house after they charge off and yes we will put them on programs from original delinquency thru recovery--if they default, we will send them to the attorney. |
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DAS
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You are making payments, and I don't see why you should have to make another deal. You may want to seek a lawyer or go to a debt consolidator. The debt collector is using excessive force, he knows you have or can get the money, and is trying to force your hand, be firm, and tell them this is all you can pay. You could try to negotiate with them again for a lesser amount, and get it in writing, so that they can't change their mind on you again. Stick to your guns, and then pay them off, and then don't deal with them again. You should also, make sure that your payments are credited to your account properly and that it shows your account in good-paid as agreed standing. If they can't do this, what is the point of rushing and paying the account off. You might as well negotiate with them, you won't know until you ask. |
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BonnieJ
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kill the credit card,, completely! they are killing u bad! pay them what u have,, try to keep the interest from bankrupting you but get it paid and tell them to shove it..
deals my butt they just want your money and see how much they can squeeze out of u,,,
sry,, been there
take care
bonnie j |
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Reaper
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Tell them that you just lost your job and you cannot afford these high payments. Tell them you want to settle with them or they aren't getting a dime! How much do you owe? |
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Jennifer
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Hi,
I used "Credit Solution" to settle my debt and improve my credit score.They managed to reduce my debt up to 58%.It's legitimate. Icame across this company on NBC News Special Edition.Check it out here:
http://www.x.se/a5nf |
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louise
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I would try and get some free legal advice so that you know what you're rights are in this situation. Here are some good links and information on surviving debt collector harrassment
http://eliminate-my-debt.blogspot.com/2008/01/how-to-survive-debt-collector.html |
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N K
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You have the right to refuse the new terms of agreement. If they still accept your suture payments then they have no leg to stand on. Remember, when you change terms of agreements and you refuse, they can't accept any more money from you. If they do, it is implied that the original terms of agreement apply. Those waste of sperm and egg are killing you. How much do you owe? |
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SoCalBlonde
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They can't make you pay more than you have or want - period. You ever hear of the saying, "you can't get blood out of a turnip?" |
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Crazyjester9
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You basically have an implied contract with them, as you have been making a set payment every month. I agree that you should keep paying that amount and if they don't like it, they can sue you...where the judge will promptly dismiss the case.
Edit - Annie, did you see my post? If they have been accepting these payments from him then he would have an "implied contract" especially if this was set up by the creditor themselves. If he defaulted on the card then the original agreement is voided.
Edit again - Annie, whenever you default on a credit card the original contract terms do not apply, this is why many credit card companies have hardship programs for those who cannot meet the original terms.
Also it appears as if this account is with a 3rd party debt collector, in which case the asker had NO contract with the collection agency until they set up this payment plan. You might be right in your stance if this was simply a 1 or 2 month occurance, but after 3 and 4 payments you'd now have a very easy case for an implied contract. Believe me, there is plenty of case law to support this!
If this goes before a judge I'd undoubtedly put my money on the asker, rather than the collection agency. |
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