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Additional Details
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Michelle F | Does anyone have experience with collection agencies? I don't know what my next move should be? |
I have a credit card in collections for roughly 2800.00 . I have had two conversations with the agent. I offered him 100.00 monthly payments. He said it wasn't enough. His tactics are questionable and immoral if not illegal. After doing research, I have found out that this agency has a terrible reputation and are in trouble with their home state due to their business practices. I tried to work out a deal with the card company and I was told that I had to deal with the Collection Agency. All I want is to pay off the damn debt, but as I explained to the Agent, I have disabled child who needs exensive therapy and this is all I can afford without making my son suffer. I can't afford a judgement because that will take money away from my son's therapy and Insurance won't cover the cost. I am also reluctant to even deal with the agency becauseof the reputation they have for screwing people over. What is the best way to proceed from here? Thanks
Additional Details
He has violated the FDCPA. He has implied that I could go to jail, has discussed my debt with my brother in law, and told me on two separate occasions that a lawsuit has been filed when it has not, and even threatened to place a call to my mother asking for money. He also threatened to call another family member to see if they would transfer the balance onto one of their cards. I am not trying to get out of paying, and am more than willing to pay the debt. However I am reluctant to pay the agency when I have heard that they are not crediting the full payment to the balance of the debt from other people who have dealt with this agency. And they have refused people a copy of an agreement in writing. I want to make sure that I am able to protect myself before I send them a penny. |
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OC1999
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If you charged up the amount, unfortunatly you owe the money. There is no information here that would indicate that they did anything illegal.
Collection agencies usually want the money ASAP, and usually within 3 months. Until you can get an arrangement save that $100 a month and offer them a bulk payment in a few months. If you can give them a bulk payment, they are usually more open to getting a payment plan started for the remaining amount. Also, not that your child does not have medical issues, but these people hear tons of these sob stories from people who are lying through their teeth to try and get out of the debt. So it causes problems for the people who actually are telling the truth. If they seem uncaring it is just because they probably hear stories like this several times a day.
If it is a recent debt, they usually won't file suit against you until the Statute of Limitations are going to run out. This is usually in the 3-6 year time frame depending on where you live. But once they do, they can get a garnishment of up to 25% of your wages. They have very limited guidelines for exceptions so depending on your expenses they may or may not allow that. So it is better to try and get it solved before this time.
What ever you do though get any agrement in writting before you send ANY Money. Then stick with it once they do agree.
Edit based on Add Info:
If he has done those things he has in fact violated the FCRA on numerous counts. You need to get a lawyer. They usually give a free consultation so it would be worth looking at. If it is a violation you can sue them for damages. If they call again and do/say any of those things let them know they have violated the FCRA and you will be pursing legal means to claim damages. The good news is that if you do prevail in this it should be enough to pay off the debt. |
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cmira4
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Send a letter to your local Better Business Bureau and see if they can help. You can also write to the State Attorney General and see if you can solicit his help. |
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Lincoln6
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Tell him to take it or leave it that's the best that you can do at this time. Paying off $2800 at $100 a month they have no reason to take any action against you. They're just trying to scare you. Get yourself a phone answering machine and screen your calls from now on. |
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novemberskye
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Tell them not to call you anymore, all corresponce must be written. Also tell them you WILL be send whatever amount you can send. They can't tell you no. Then make sure you get those payments in when you told them. Or tell them your lawyer will be contacting them about the bankruptcy if they cannot accept the amount you want to send them. |
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Marcie H
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It is against the law for them to talk to anyone else about your account unless they are signers on the account. Right there they can get into trouble. They should not be talking to your family members only you! Tell them the next time they call to put it in writing and send them what you can afford. I would also contact your local states attorney's office to see what you can do about it. Good luck. |
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Matt
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Sorry to hear you are having a rough time.
The first thing is to stop talking with the collector on the phone. They are recording your call. The next time they call, simply tell them that all correspondence needs to be in writing. Send them a letter, certified return receipt mail informing them of the same. If he threatens to sue or call your mom, tell him to put it in writing.
The next step is to leave the debt alone (some people have a problem with this, but you need to save your credit score). The damage is done. A collection is a collection, paid or not. Paying this debt will do nothing to help your credit score and may hurt it more. If you pay, you restart the date of last activity (with each payment) . That will restart the 7 year clock and further damage your score with every payment (new transaction). As the debt ages, your credit score will not be affected as much.
Third, build all your evidence and file suit in small claims court. You do not need a lawyer, you can do this your self) You can be awarded damages for each violation of the FDCPA and FCRA. Get enough in damages and you can pay the original creditor (with an agreement in writing to remove the negative entries from your credit report of course)
Take the $100 per month and spend it on your child. He needs it more than they do.
Good luck |
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beach_babe971
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it is against the law for a credit company or collection company to threaten you saying you will go to jail. if you told them to stop calling by law they have to....but you still owe them. |
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