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Posted: Thu Dec 20, 2007 10:41 pm Subject: SC & Associates FDCP?

Hi all, I am in the dealings of 398 with SC & Associates over a US Bank overdraft issue (which i thought was cleared up over a year ago and now its in collections). I got my letter around the 2nd or 3rd of December and so I call up to make a payment because I know the debt is valid, but they tell me that if i don't have it paid by the 28th that it goes to chex systems (which i believe is already in there since the account hasn't been paid and charged off over a year ago and they told me its already in chex) and that if i say i can't pay right now and i'll call back that it will be marked as a "refusal" and is bad. should i be concerned I feel the guy was edging me with false remarks to setup a payment.

but why would i pay immediately if i still have 30 days to validate my debt and should i talk to someone because i feel this was a little bit a violation of the FDCP. I'd appreciate the advice Smile

P.S i did setup payment for the full amount on the 28th

Posted: Fri Dec 21, 2007 6:39 am Subject:

When they say "I'm marking this as a refusal to pay" It sounds like a threat but it just means you didn't pay anything on this call. If I were you I'd send them a cease communication letter tell them to only communicate with you in writing. Send it certified mail, return receipt requested.

Posted: Fri Dec 21, 2007 6:44 am Subject:

As for reporting it to chex systems, it's a consumer reporting agency just like experian, equifax, and transunion. They can report it. I don't really see any FDCPA violations here. If you know it's your debt pay what you can when you can. Don't let them tell you to skip necessary bills like care, house, insurance to pay them. They'll take the money you give them. Now they could sue you but I kinda doubt it for that small sum.

Posted: Mon Dec 31, 2007 6:20 pm Subject:

Well i paid them but they took it out of my checking when i specifically said on my card. They said they just needed to put my checkin in so i gave it to them. now i'm mad grr. Now what should i do? the guy was lying his ears off to me.

Posted: Mon Dec 31, 2007 7:44 pm Subject:

That was an unauthorized transaction. I would prosecute them (if it can be tried criminally) also dispute the transaction with your bank and tell your bank to block all ACHs with this company. Never pay a collection agency with anything that discloses your personal financial information. Use money order or money gram, also request the agreement in writing as well as a paid in full letter upon satisfaction.