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Amy D | What can I do when a collection agency won't cooperate with me? |
Little background. My exhusband got a payday loan on my checking account that he was still under about 4 years ago. I had closed the account out shortly after finding money missing. I didn't know about what he did until recently when I was contacted via a collection agency. They demanded payment in full. I wrote them a letter explaining that I couldn't pay in full but could pay it over a few months time and asked for a letter back. Well I waiting 2 weeks for the letter and didn't get it so I called them and was told that I could send payments but that they would not send me a letter and that they still wanted the balance in full now. The man told me that he wouldn't even send me a statement showing that payments were made. What can I do now? I simply can't afford to pay in full now. Do I save the money and send it when I do have it? Is there something that I can do? I can't get the money from the ex...he is in prison now. Help me!!!! |
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mister ed
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hock everything you have starting with computer and pay the bill!!! |
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JennyKS
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First of all, please take the 30 minutes or so it will take you to read the Fair Debt Collection Practices Act (FDCPA). It outlines the responsibilities and limits of debt collectors. They are not allowed to call you names, harass you, etc.
Secondly, send them a letter (certified mail) stating that you talked to XX on XX date trying to make payment arrangements, but they declined. Let them know you dispute this debt (that is a legal term really, you'll see why if you read the FDCPA), ask them for a full accounting of the debt, which they verbally refused to give you. Let them know you will not consider paying on this account until you get the proper backup/proof. Also, let them know that all communication needs to be done by mail.
While you are waiting for them to get back to you, find out if you're liable for this debt!!! Just because it's your ex-husbands, doesn't mean it's yours. Your divorce attorney should be able to answer that, or your state attorney general's office (which are known for the disliking of PDL places).
One last note, never, never, never give a collection agency your banking information to pay a debt. Send a money order ;)
GOOD LUCK! |
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Crazyjester9
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I agree with Jenny, as the first two posters must have missed the part where this payday loan was taken out by your ex husband.
I would immediately send a certified return receipt letter to this collection agency demanding validation of this alleged debt. Also check your credit reports to make sure they have not posted this to your credit report.
Feel free to email me if you need any help. |
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Ted
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Unless you signed off on something that you haven't mentioned, then only he signed the check and took out the payday loan, so he's responsible. You are not responsible just because your name was on the account and printed on the check. |
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Steveo
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You might contact a lawyer on this, but I think that you might not be liable. If he filled out any papers and of course they did not include you, then you are not liable even if it was from a joint account. Of course, this is my opinion, but someone from a group such as legal aide may be of some help. |
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K.C.
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Strongly agree with JennyKS......take his/her advice.... |
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greeter7
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Contact them and tell them you will settle for ________. That amount depends on the amount owed. If you owe $1000.00 tell them you will settle the acct for half. If they say no then tell them you are sorry but that is the best you can do and tell them bye. They will either stop you and agree or try to come to another agreement. You still hold the upper hand so ask them to work with you or you will end up paying them nothing. I am sure then they will work with you.
contact me if needed. |
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Chris D
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listen to Jennyks! She is spot on. Also send them a registered letter intructing them to only contact you through the mail. That will end the calls.
Bottom line is it is not your debt. You may be liable because of how your ex did it and you could go after him for it. The debt is old enough that it will not hurt you much longer.
If you do decide to pay, NEVER pay a collection agency the full amount!! They purchased the debt for pennies on the dollar from the financial institution. They will always make a deal, but remember, they are pros and taught how to get the most they can |
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cyndie_vue
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Don't worry about it, because when it goes into collection they will do what they can to get the full payment but if you don't pay them at all. They will cooperate with you to get at least half or little of the amount. Remembered, the loaning company couldn't get the money from you so that is why they sold the account to the collection. So, don't sweat it. They will do what they can to get something from you. Don't need to be so nice with them by which you're saying that they are rude already. Hope this help. |
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src50
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If they won't communicate in writing, I wouldn't pay them anything. |
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SKH
 |
I can understand your frustration here. The key here is that your ex used your name for the payday loan. You stated he got it on your checking account. The other problem is that you also sent this collection agency a letter in essence, validating to them the debt and making a "promise to pay". Doing that hurt you more than you know.
What you have to realize is that IF both of your names are on a debt, you are still liable until the debt is paid. I co-signed for my ex and now I have have the creditor harrassing me to pay the debt. My ex got the car I co-signed for in our divorce, then couldn't afford it, and had it repossessed....big headache. Unfortunately, I still have responsiblitlity for paying for it. If you didn't sign anything, I don't know how they can come after you. I would look into how your name came to be on this.
I would talk to an attorney regarding the best way to handle your situation. Otherwise, if you wait to long, you could still end up paying the debt, along with court costs, collection fees, etc.
You need to know your rights and what this collection agency can and can't do. Don't be frightened by scare tactics and threats. Here are a couple links ( I found them personally really helpful), I hope give you more information about your rights, and also information by state on statutes of limitation on collecting debt....good luck! I've been there!
http://www.bcsalliance.com/y_fairdebtcollectiona.html
http://www.bcsalliance.com/y_debt_sol.html |
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Portia P
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Simply tell them that you are willing to work with them.
However, IF they continue to use that tone with you, which makes you feel like you are being harassed, then they will never get their money.
IF the debt is more than 3 years old, offer to pay 70%.
Tell them the best that you can do is to pay 3-4 payments until the agreed upon amount has been satisfied.
ALSO - you want a letter stating the agreed upon payment arrangements with dates. This will cover you.
AFTER the last payment has been made via checking account, money order what have you, keep requesting a pay-off letter. |
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howtogooru
 |
First of all, if this is NOT the company who wrote the loan, you don't owe them ANYTHING. If the original loan company sold the old debt to a third party collection agency, they can't do anything to you, and by law, they really don't have the right to collect it. They can try all they want, but if you ask them to produce the original documentation showing that you or your husband signed a contract with THEM SPECIFICALLY, they will surely tell you that this is not possible, in which case you tell them to put it where the sun don't shine. Then, tell them you are going to contact the state attorney if they don't stop hassling you for a debt that you don't owe them directly. They are effectively trying to rob you. Check out this book
http://www.howtogooru.com/lifeguard.html
it's free. And if you still can't get any where with them,
try this website.
http://www.mycyberadvisers.com/debt-reduction-services.html
It's pretty horrible what these old debt buyers will do to people if you don't know your rights!
Good luck and God bless! |
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katewalk21
 |
I would call back and ask to speak to a supervisor. Collection agencies will work with you to get whatever payment they can get. Tell the supervisor that you are willing to pay the but you can not pay it in full. Next put it in writing what your plans are for paying it off and what you are requesting from them. Get it notorized, make a copy and send it to their office certified. This way you will have future proof that you made every effort to cooperate with them. |
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americanfreeman
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you can get them to leave you alone permanently by simply paying your past due bills in full. |
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