Bank of America
Date: Sun, 03/25/2007 - 21:47
I've had a Bank of America (BOA) credit card for some time now, not sure exactly how long, atleast a few years though. I managed to rack up a pretty high debt on it, about $8,000. After my employer, Media Play, closed last year, I went through some difficult times and was not able to pay my minimum balance for several months. I finally got a new job late in the summer and, after receiving notices from BOA in the mail saying that my account had been closed and unless I contacted them stronger action would be taken, I set up payments to be deducted out of my checking account automatically. The operator at BOA had to do a pretty big share of number crunching, but he got my payments down to $144 per month. I believe I set up about 5 payments, the first in November. During those payments, I was contacted twice where I needed to follow up and redo my payment dates and amounts, in one instance paying $150 extra in February, because the operator who originally set up the payments goofed. Guessing from one of the operator's reactions, I'd say pretty big. ...and I might add, I was also on payments with my MBNA account also (BOA bought out MBNA). I had to pay an extra $80 toward that account because of the goof up. I was patient through the whole thing and agreed to pay any amount they asked. About a week ago I received a call from the offices of Fred J Hanna. I was informed that my account had been turned over to them, and unless I either paid the account off in full or settled it, it would go to court. In shock and confusion, a few days ago I called Bank of America to understand, after all of their mistakes, why they would do this to me. The gentlemen on the phone said that whoever was in charge of giving the accounts off to Mr. Hanna’s office decided that my payment of $144 per month was not adequate for an $8,000 account and that BOA needed to pursue a faster course of action. Now, I think this is totally ridiculous. BOA thinks they’re some big company that can push me around. I think I have grounds for legal action. BOA never notified me that this would happen. If $144 was too small, then why didn’t someone tell me in the first place? I know there's low cost legal aid in my county (Monroe county, NY). Even if I don’t have grounds, there is no way I can pay this off, or settle it. I live with my parents. I make $700 per month. If they garnish my salary, they wont get much more then the $144 they were before because I pay around $400 per month in other credit card bills. I'd appreciate any help you can give me.
thanks,
~ Steve
I'd send Hanna and offices a letter stating that the only way th
I'd send Hanna and offices a letter stating that the only way they can communicate with you is through the mail. Send this letter return receipt.
Should they decide to sue you for the debt, the problems I think you would face with the judgement would not necessarily be the garnishment in and of itself, but the added attorney fees and the fact that judgements have very long lives (20 years in NY).
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Now, I think this is totally ridiculous. BOA thinks they????????re some big company that can push me around. I think I have grounds for legal action. BOA never notified me that this would happen. |
No, you don't. They can turn an account over to collections to pursue it as they choose. You've already contacted them, and it sounds like they aren't willing to work with you any longer. Don't dwell on this, move on to dealing with the collectors.
Now that the account is in the hands of a collection agency, make sure that they are not violating your rights under the FDCPA. You'll have grounds for legal action if Hanna and offices violates this.
Quote:If they garnish my salary, they wont get much more then th
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If they garnish my salary, they wont get much more then the $144 they were before because I pay around $400 per month in other credit card bills. |
You are somewhat mistaken. The garnishment amount would be small not because of your other creditors, but because you make only about $700/month.
Now what?
Ok, I can't sue anyone. So, now what do I do? Should I look for a lawyer? Should I try to take out a loan? Should I try to set something up with a debt relief company (like Take Charge America, or Superior Debt Services)? ...What should I tell Fred J Hanna and Associates in the meantime?
I would call them and try to set up some payment arrangements ag
I would call them and try to set up some payment arrangements again. Keep records of all the payments you've already made, and any correspondance between you and the collectors. If they do try and take you to court, you can show that you have been making regular payments every month.
I would tell them that you only want to communicate by mail. That way you have everything in writing.
When you tell them not to call you anymore, do it in writing wit
When you tell them not to call you anymore, do it in writing with return receipt. Telling them verbally has no effect, but if you put it in writing and they still call you after receiving it, you can go after them for an FDCPA violation.
clearify please
goudah2424...
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I would call them and try to set up some payment arrangements again. |
I'm sorry, call Hanna? Hanna only gave me two options, pay it off or settle. I can't do either of those. I really can't afford to pay anyone more then the $144 per month I was paying right now. ...Are you saying they might accept monthly payments?
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Keep records of all the payments |
I download all my bank transactions into Quicken.
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I would tell them that you only want to communicate by mail. That way you have everything in writing. |
Well, I've been recording all my phone conversations to BOA and Hanna on my digital voice recorder. According to New York state law, I don't have to inform anyone that I'm recording the converstion.
It still may be possible to negotiate payments with them. The f
It still may be possible to negotiate payments with them. The firm balance in full demand is the first part of collections, every call, every time. What I do not know is how agressively Hanna litigates to collect.
I don't know how aggresivly Hanna does things either. Morni
I don't know how aggresivly Hanna does things either.
Morningstar - What do you think of Dolphins sending them a letter stating his intentions to pay $144 every month, and include a check for $144 with the letter. I don't think the company will send back the check . . . .
Sometimes it's just finding the right person at the company to work with. Unless they are a really bad company, I would think they would welcome a debtor that was willing to pay every month.
It's better to have things in writing then telephone calls. I remember reading somewhere that it can be hard to get recorded phone calls admitted into evidence in court, regarless of one party consent laws.
Quote:Morningstar - What do you think of Dolphins sending them a
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Morningstar - What do you think of Dolphins sending them a letter stating his intentions to pay $144 every month, and include a check for $144 with the letter. I don't think the company will send back the check . . . . |
Well, the way I see it, OP has nothing to lose by doing so. Not trying to take an active part in negotiations could leave him behind the eight ball.
