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Posted: Tue Dec 05, 2006 10:42 am Subject: Acceptance of monthly payment

I received a call from NCB and spoke to a Miss Thomas. After nearly 20 minutes discussing a valid debt, I offered to make monthly restitutions in the amount of $100.00. I was initially offered a settlement of 50% of the total debt, which I'm in no position to do. I was told after my offer of $100.00 dollars per month that in order for them to accept that, I would have to make a down payment of 30% of the total debt. When I refused that, I wasn't given a counter offer by the collector. In addition, I was given the standard "I'll turn this over to our legal department" routine and so forth and so on. If I've offered an amount, and they don't accept it, and they don't offer an amount they would accept, what else is there to do? From what I was told by this Miss Thomas, a judgment has already been secured against me so what further legal action can be taken? Please advise and thank you in advance for your time and consideration.

Posted: Tue Dec 05, 2006 11:32 am Subject:

If you know the creditor for whom this collection agency is collecting, try a proposal with them. They will be much easier when you negotiate for a lower payment plan. Ultimately, this debt remains valid and it has to be paid before any legal actions are intended against you.

collection agencies want their money in full. If you have no way but to deal with them and they are not adjusting to your proposals, talk to a debt counselor. Maybe he will assist you in finalizing the proposal.

Posted: Tue Dec 05, 2006 11:56 am Subject:

Well, if they've already secured a judgment as she told me, then I'll need to deal with them directly then, would I not? Thank you for your time and the info. This is a very helpful board and I certainly appreciate the help you're giving to all of us.

Posted: Tue Dec 05, 2006 11:59 am Subject:

Don't they have to send you some kind of legal paperwork from the courts to secure a judgment? I don't think they can just say that without a court order, right?

Posted: Tue Dec 05, 2006 12:17 pm Subject: NO NO NO NO NO NO

Say o.k, they will place your file in a hold tank. It will be documented as a flat refusal to pay, so the next person to contact you will see in the notes your previous offer. Keep the 100.00 handy so that when they call back, you can tell them your situation is the same and your offer is still the same...rule number one in collections, balance in full first, payment plan offered when they realize you can't pay. Just wait and stick to your guns.

Posted: Tue Dec 05, 2006 12:26 pm Subject:

Beauty1217 - thank you for your information. I'm in a position where I got into trouble several years ago and couldn't pay anything to anyone. I even got evicted. But I'm back on my feet and I want to do what is right. But I can't pay everybody all at once, nor can I pay what everyone may want me to pay. If I win the Powerball, fine. Until then, I believe in paying what I can comfortably afford, and do the best I can in paying my legitimate debt. As a debt collector, how do you feel about that? Thanks again for your reply - I truly appreciate your time.

Posted: Tue Dec 05, 2006 12:39 pm Subject: NO PROBLEM

I just want you to know it is not personal. If i ever talk to anyone and do not request the balance without budging i will get cursed out. Rule number one//bif which stands for balance in full. Call back and talk to a manager, or wait for them to call you. See if i get 40% of what i collect why would i take 100.00 for 40.00 istead of 1000.00 for a whopping 400.00. Some people actually have the money to pay, they just want to take their time paying it. Those are the ones who will usually do whatever they have to do to get it paid in full. They will never send you your money back

Posted: Tue Dec 05, 2006 12:42 pm Subject:

Posted: Tue Dec 05, 2006 2:46 pm Subject:

collection agencies do not have to accept partial payment arrangements.

The next legal step would be, if allowed in your state, is wage garnishment. It would take up to 20% of your disposable income (every state has their own %).

My advice would be to just start sending in payments. At least you will have proof of attempting to pay the account should they go back to court to garnish wages.

Guest · Posted: Wed Dec 06, 2006 10:15 am Subject:

Guest · Posted: Wed Dec 06, 2006 10:17 am Subject:

Posted: Wed Dec 06, 2006 11:36 am Subject:

There were a couple of bills that I paid on and sent the CA a letter offering a payment plan of one that I could afford. I sent these letters out of the blue and not in any recent response that they sent to me. I also sent a partial payment (10%) in good faith. I've had one accept my offer with no problems. I haven't heard from the others yet. But at least I can show my sincerity in wanting to satisfy the debt.

Posted: Wed Dec 06, 2006 11:39 am Subject:

Oh yeah, I forgot to mention I can give you a copy of the nice letter I sent. It sort of wants to make them accept my offer, not that they don't necessarily have to.

Guest · Posted: Wed Dec 20, 2006 2:18 pm Subject: Acceptance of monthly payment

I wanted to thank everyone for their replies and the information that has been shared. I've been in communication with NCB over the past two weeks and ultimately spoke to Scott Edwards, the Operations Manager. I made arrangements to pay $200.00 per month but I'm being told that the only way NCB will accept the payments is through ACH. I'm not agreeing to this and Mr. Edwards has indicated that if I don't agree to CH payments, then I will be "prosecuted".

That doesn't bother me because as I've been perusing this board, I've come upon a lot of useful information. I'm going to write a letter, enclose the first month's payment, and outline my payment plan. I'm going to send this letter via certified mail with a return receipt. If they want to prosecute me after that, more power to them. I've learned that giving a debt collector access to your bank account is a bad idea. Not to mention, when I mail the payment, it has to be posted towards the debt. If they want to try and garnish my wages, I feel they would have a difficult time because I'm going to send a payment via certified mail every month.

I'd like to know what others think. Thanks again to everyone that has responded.

Posted: Wed Dec 20, 2006 2:28 pm Subject:

Guest, I agree with you. I would not give my bank info. One option if you wanted is to open a totally seperate checking account at a different bank and only put that monthly amount in for them to draw off of. Once it's paid, close the account or don't use it for awhile until the next time. I have a seperate checking account just for that reason (haven't used it yet though). If they decide to take it to court and you can show that you honestly tried to pay this debt in good faith, I think a judge would side with you. I've posted a pretty good payment offer letter that I use. It's in the FYI..FYI..FYI..FYI.. topic. Go take a look and see if it will work for you. Good luck

Posted: Wed Dec 20, 2006 4:48 pm Subject:

Guest,

It sounds like you've been doing your homework! Good for you. I am so glad you didn't give your account info. I also am very cautious about who I give mine to anymore. The best of luck to you.

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