Collection agency has cashed my check accepting payment plan

Hi Shirley

How are you? :D Hope that you are keeping a good health.

I understand how hard you have been trying all these days to repair your bad credit. If the collection agency would have been a bit co-operative, then you would not have to go through all such situations.

Anyway, now that the company has cleared the check from your bank account, get the details of the company from your bank. You will be able to know the company who is actually responsible from making the payment arrangements with you.

After you know the name of the company, you can send a letter to them reminding of the payment plan and send something to you in writing as proof. This way you both will be able to work systematically on this plan.

Since you will be directly contacting the company that has taken money from your account, you will understand from their response if they are willing to keep the agreement with you in the future. Otherwise, you know that you can take actions against them also.

Please let us know if you face any problems while dealing with them. :D

Regards
Roxette

thank you Roxette!! I am on it! I have contacted the bank to get the info of who cashed the check and I will be firing up a letter to them immediately. Thanks again for always being there. I will be forever grateful to you and the people at DCC---always here ready to help. I really appreciate it and you have helped me tremendously. I have learned so much from your advice and the advice you have given others. thanks again! shirley

Shirley, since you have been in this forum for almost half a year, it has been my utmost pleasure to be able to understand your problems each time and then imagine myself in that situation.

I understand that repairing bad credit is time consuming but you have a lot of patience looking at the situations that you have been put into by the creditors and the collection agencies in the past. You have worked very hard to take care of this and I presume that you definitely see good results in the near future. :)

Keep in touch, shirley.

Regards
Roxette

Roxette, I checked with the Bank, and have a copy of the check that was cashed and it is in fact, this same CA. They are still holding it and haven't passed it on. I have drawn up a letter to them asking that they send me some type of statement showing the balance and that payments have been received and applied to the balance. I also reminded them that by cashing my check, it shows that we have an agreement. Or at least its my understanding that we do since I made it clear to them in my letters that upon cashing, that it is an agreement.
**so my question to you is**should I put a payment in with this letter? or do I wait to hear something from them. I had told them that I wasn't going to send any more money until I heard something from them. They cashed my check, that was it. I still haven't heard anything. This is so weird to me, that I am having to beg a collection agency to take my money?!! they're not bugging me or threatening me or calling my house or anything. The check that they cashed, it took them three months to cash! and I had to threaten them to get them to do that.
so is it in my best interest to send another payment with this letter? or wait until I hear something from them, as I requested? thanks Roxette. I value your advice and opinions in these matters. And I thank you for being there and listening to me.
have a great day! shirley

I will prefer waiting for some time and let this CA contact me. They have already taken some time to cash your check earlier. And looking at the consequences, they have already done the required damage to your credit file. They can't do anymore. So, wait for some time till they contact you. The deal is active and you are ready to make the payments. Since they have cashed it and you wish to be contacted as stated in your letter, let's wait for their reply. When they will call you, you need to get a statement and a note that your credit file will be updated after payments are complete.

If necessary, we can appropriate actions as required.

Keep in touch. I appreciate your commitment towards solving the credit problems and prey that you come out of it soon.

Regards
Roxette

I do have the original paperwork on this loan and I have never asked for validation or disputed it whatsoever because I know that its right and therefore its the right thing for me to take care of this. I believe that. But I was reminded looking through the paperwork, that this is a secure loan. Its a little over $2000. These are the people that finally, after three months, cashed my check and I'm waiting to hear from them that they're honoring an agreement that I said, that by cashing my check constituted. I made two payments previously before that, and then when I noticed that my check wasn't being cashed and they weren't answering my letters, I wrote and told them that I wasn't sending any more money until I heard from them. they cashed the check but I still haven't heard anything. I am taking your advice is waiting a little bit to see if they contact me now. I already have a letter waiting to be sent certified for when the time comes, if I don't hear from them. I have everything documented and I stand strong with knowing that I have covered my basis with this CA and debt. (although I do believe it is still with the original creditor---I just don't understand why I'm having to beg them to talk to me or take my money---) so I got a little off topic with explaining this (for the newbies who might be joining us), but does this shed any light on this situation, finding out that it is a secured loan? I am going to keep going the route that I'm going unless otherwise advised by you. thanks, shirley

You have the federal lights as per the fdcpa law that until the debt is validated, you can refuse payment.

If the debt is not validated within a certain time, the collection agency is required to remove the negative remark put in your credit file. Consult at attorney who specializes in the lawsuits of FDCPA and FCRA violations.

now, I am almost certain that the original creditor is still holding this account. wells fargo secured loan. I am still waiting to hear something on their end as I have corresponded soooo many times with these people, both CA and OC. to be honest with you, I'm not afraid one bit if these people were to cart me off to court. mind you, I don't want that, but I know that if it were to happen, the judge would almost have to agree with all my efforts. I have everything saved and can prove over and over again that these people have ignored my efforts and intentions. as I said, it took them three months to cash my check---and that was after I had to get snippy with them. thought I would have gotten something from them by now--either wells fargo or collection agency. but nada so far. Still have that letter sitting on hold waiting to mail----asking them if they plan to honor the agreement they made with me when they cashed my check so that I can start sending money to them every month. thanks shirley

While I was at the post office today, I decided to go ahead and mail the letter regarding this account--certified-return receipt. I told them that I wanted something in writing that we have the agreement that they agreed to, when they cashed my check and money orders. And something to show what the balance is and that these payments have been applied. will wait and see what happens next. doubt I will hear anything though. thanks, shirley

oh, and yeah, monday I will go and mail a copy of this letter to Wells Fargo main office--certified-return receipt. :D

Shirley, do let us know how things shape up.

Regards
Roxette

hi! sent them the letter certified, registered return, asking for something in writing that we have an agreement because they cashed my checks when I explained that cashing checks meant we had an agreement. haven't heard anything at all back from them. haven't sent them anymore money either, as I am waiting to hear confirmation from them. double checking myself here, am I right in not sending money at this time while I wait to hear from them? these are the people that took three months to cash my check and that was only after I stayed on them and had to get ugly. I want to make sure that we have an agreement and also asked that they send me my balance and proof that the three sent payments had been applied to my account. nada so far.
thanks shirley

Shirley,

I remember this incidence right from the beginning and you done exactly what the situation demanded. The company has to straighten their lines before you send any more money here and there and not getting it posted to your debt account.

Thank you Roxette for you reassurance. hugs, shirley

Quote:

If I remember it correctly, this is the same account where Shirley was making regular payments and it was not getting posted to her account. It was during this time she wanted a confirmation letter that the amount was actually going to her debt account.

correct :D I had sent three payments in a row. The first two were money orders and the third being a check. I wrote the check so I could 'watch' it. It went one month, two months without being cashed. I wrote them a letter telling them they had 30 days to return my check and money orders or else prove that they had applied the money to my account OR I was contacting the BBB and explaining it all to them. At this time, the check still hadn't been cashed. ON the last day of the 30 day period that I gave them, they cashed my check. I still never got my proof and still haven't heard from them or got anything in writing. nothing to show my money has been applied, no payment arrangement, no show of balance on this account. nothing. Last week, I sent them a certified letter asking for my account status--balance, money applied, etc. still nothing. so at this point, I feel that the ball is in their court. shirley

Yes, I remember this incidence very well till now even. Shirley, you have been putting a lot of struggle.

Clay, what do you suggest here?