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 Posted: Sat Dec 23, 2006 6:23 pm Subject: I need advice on what to do with a collction agency |
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last year i made an agreement to pay FCinc $400 a month for a $3600 debt i owe. times are tough and i have been sending them $100 a month for the past 10 months. Now they say the want the remaining balance of $1400 paid in full or they will sue me. i don't have the money to pay it off. what should i do?
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jag2004x
Joined: 23 Dec 2006
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| Posted: Sat Dec 23, 2006 6:25 pm Subject: |
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Welcome to the forum, many will be glad to assit you here.Was this a written or oral agreement by both parties
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PDLFREE
Joined: 07 Oct 2006
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| Posted: Sat Dec 23, 2006 6:30 pm Subject: |
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written agreement for $400 per month. i have two statements, one april 2006 and one from july 2006 showing that an agreed amount of $100 is owed.
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jag2004x
Joined: 23 Dec 2006
Posts: 8
Debtcc Points: 219
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| Posted: Sat Dec 23, 2006 6:31 pm Subject: |
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Then that is all you need I would think if both parties have a written agreement of $100 then keep sending them $100 a mo and remind them ever so nicely that you have a copy of this agreement
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PDLFREE
Joined: 07 Oct 2006
Posts: 1264
Debtcc Points: 18243
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| Posted: Sat Dec 23, 2006 6:40 pm Subject: |
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last month i faxed them a letter informing them that the agreed payment is $100 and I attached copies of the statements showing the agreed amount on it. they just sent me a letter saying "your failure to fulfill your payment arrangement leaves no alternative but to recommend legal action". what do you think I should do?
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jag2004x
Joined: 23 Dec 2006
Posts: 8
Debtcc Points: 219
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| Posted: Sat Dec 23, 2006 6:43 pm Subject: |
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Have you missed a payment or failed to keep your end of the arrangement up?
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PDLFREE
Joined: 07 Oct 2006
Posts: 1264
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| Posted: Sat Dec 23, 2006 6:45 pm Subject: |
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i've paid them $100 a month on time for the past year
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jag2004x
Joined: 23 Dec 2006
Posts: 8
Debtcc Points: 219
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| Posted: Sat Dec 23, 2006 6:49 pm Subject: |
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Then I would send them an itemized statement of each monthly payment plus a copy of the agreement again certifed mail with a letter stating that you have followed the agreement that both aprties agreed on and that you will continue to follow the original agreement until the debt is settled. If they take you to court then you have all this evidence to back you up but just keep paying the $100 like the agreement states.. anybody else want to chime in on this one?
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PDLFREE
Joined: 07 Oct 2006
Posts: 1264
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| Posted: Sat Dec 23, 2006 6:52 pm Subject: |
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the collection agency is out of washington state. i live in new jersey. can they sue me from there?
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jag2004x
Joined: 23 Dec 2006
Posts: 8
Debtcc Points: 219
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| Posted: Sat Dec 23, 2006 6:53 pm Subject: |
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I agree with Ashley, if you have the paper work to back you up, it seems like you are in the right. Have you tried talking to them over the phone?
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Lorri
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| Posted: Sat Dec 23, 2006 6:57 pm Subject: |
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there is no talking to them. when i tell them that i have documentation showing that the agreed amount is $100 they tell me i'm wrong and that the total amount is due immediately. I told her i couldn't afford to pay $1400. She transferred me to her "supervisor" who told me they were going to suspend my driver license if i didn't pay right away.
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jag2004x
Joined: 23 Dec 2006
Posts: 8
Debtcc Points: 219
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| Posted: Sat Dec 23, 2006 6:59 pm Subject: |
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Okay they are so FULL of hot air its not even funny, they CANNOT suspend your DL, they can't send you to jail. OMG that is a new one I never heard b4. My advice is to just keep sending the $100 a month and let them take you to court, evidence is on your side
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PDLFREE
Joined: 07 Oct 2006
Posts: 1264
Debtcc Points: 18243
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| Posted: Sat Dec 23, 2006 7:04 pm Subject: |
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it's just such a big hassel. i don't answer the phone any more when they call, i'm just going to go through the mail.
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jag2004x
Joined: 23 Dec 2006
Posts: 8
Debtcc Points: 219
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| Posted: Sat Dec 23, 2006 7:06 pm Subject: |
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That is about all you can do, CA should have the middle name hassle. Just keep up with your payments and you will be fine
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PDLFREE
Joined: 07 Oct 2006
Posts: 1264
Debtcc Points: 18243
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| Posted: Sat Dec 23, 2006 7:07 pm Subject: |
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thanks
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jag2004x
Joined: 23 Dec 2006
Posts: 8
Debtcc Points: 219
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| Posted: Sat Dec 23, 2006 7:25 pm Subject: |
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Suspend your DL? What, they have an in with the DMV? I think not! And correct me if I'm wrong, but the only person who can suspend your DL is a judge!! On top of sending them copies of the agreement, I would also do the following: get copies of any checks you used to pay them off and copy them front and back, showing the endorsement where they were cashed. If you did electronic debits, get copies of your statements showing where the money was taken out of your account.
I would also refer you to a prior thread on the boards, talking about how the end of the year is bad for collectors. Sounds like this situation is a prime example of that. Maybe these people see the chance to boost commissions by any means possible?
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kscornell
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