Debtconsolidationcare.com - the USA consumer forum

debt collection agency negotiations

Date: Thu, 04/10/2008 - 04:23

Submitted by anonymous
on Thu, 04/10/2008 - 04:23

Posts: 202330 Credits: [Donate]

Total Replies: 14


Hi everyone
I am new on this site, but I saw it is active and I hope someone can answer my question.
I am on collection from 4 of my credit cards. One I dealt directly with the bank, the other 3 are placed with outside agencies.
I have payments that come out of my account every month, and it has been a year. On one of my cards the balance left according to the agency as of January was 895.00 dollars, but since I had only two more checks on file left for 50.00 dollars each I called to make more arrangements and they told me that the Bank (HSBC) has added late fees and charges, and I remember clearly that while talking with them in the beginning they said there are no late fees and charges, now I understood the trick but it is too late. Anyway they said I can settle for 750.00 but I don't know what to do, lawyer does not worth that small amount, and if I pay the settlement I know i will receive a 1099 for the rest of the sum, but how legal is that only because they don't want to allow me to make any payments no more the push me, but I want to get it done.
Should I settle and how to negotiate and get everything in writing? Plus what will they report?
Sincerely
Dani


The first thing I would suggest is sending them a debt validation letter so you can get them to break down how they calculated what they say you owe. The reason I suggest this is because it seems to me that they may have added additional fees that are illegal. Federal law mandates that financial accounts that pass 180 days of delinquency must be charged off. This way financial institutions cannot continually assess late fees, and other misc. fees besides interest. It sounds like the collection agency may have tacked on fees that are not within state/federal law guidelines.

You can find a good template for a validation letter via my signature, send it certified mail, return receipt requested.


lrhall41

Submitted by JCEMT on Thu, 04/10/2008 - 04:35

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Thank you for the fast reply JCEMT. What do you mean by finding a template via your signature? And should I ask them to do everything in writing not phone calls?
Thanks
Dani D


lrhall41

Submitted by on Thu, 04/10/2008 - 04:44

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If a credit card isn't charged off it can still be applied interest and late fee's. If they are being applied you should call the creditor and ask. To me it sounds like you are in early out collections so you should be able to verify what collection agency has the account through the creditor, who would still own the account if indeed they are not completely charged off yet.

If the creditor still owns the account then most likely they will do the reporting to the credit reporting agencies. They should have a credit reporting # that you can call to find out how they would report the account if you settled. It will probally look something like: > Than Balance or Settled in Full.


Always get any settlement in writing if you choose to go that rout.


lrhall41

Submitted by FYI on Thu, 04/10/2008 - 05:27

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I Called the agency and the rep I talk with intimidates me a lot and he told me that unless I don't answer his question and be quiet he will hang up and he did. I was not upset this time I just asked him what are my options, is is a real problem for me I need a lawyer, someone knows anyone in MA


lrhall41

Submitted by on Thu, 04/10/2008 - 12:44

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hi everybody, i hope somebody can help me with my problem.i got a ca calling me about a debt of a car that i did a voluntary repo,I think these is the 3rd ca that takes over the acct.italk to them and try to work something out but they want the full amount. what shoul i do about it.


lrhall41

Submitted by on Thu, 04/10/2008 - 19:37

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Welcome to the forum Juan, I would suggest sending them a validation letter first, here are the two items you need to send them:

[url=http://www.debtconsolidationcare.com/collection-agencies/better-structure.html#318981[/url]
[url=http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm[/url]

Send it certified mail, return receipt requested. If they can validate then just pay on it whatever you can afford, if you can't pay it in full then you can't pay it in full, they still have to accept anything you send them.

Keep us updated on what happens and if you have anymore questions feel free to ask, we are here to help.


lrhall41

Submitted by JCEMT on Fri, 04/11/2008 - 06:01

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Thank You JCEMT
I called few lawyers but no one is returning my call. I called two from the web you suggested, and a bankruptcy lawyer who told me that I will not be able to afford his fees, I told him I work part time and go to grad school full time and that I have some money saved, they gace me another number with a guy that never called back.

Do you think I should keep on sending the 50 dollar payment regardless of the fact that I don't have any more arrangements until I find a lawyer, or should I settle for the 750.00 that they originally offered, but it makes me mad because I have payed this account three times over, it was only 1500 dollars originaly and I payed once 350, once 150 and 6 months of 50 dollars everything back on time and now they add late fees and interest which the collector said few times are not added to the account while i am paying. I am very very upset...


lrhall41

Submitted by on Sat, 04/12/2008 - 08:04

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Thank you for the support. They are called Corporate Receivables and I have the name of the guy too, I received notices of the amounts I have been paying, every moth directly from my account. I don't know why they added the fees when he said they are not doing that. He is been bed with me and I lost my temper few times but I do want to settle, but I don't trust them


lrhall41

Submitted by on Sun, 04/13/2008 - 20:22

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