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How do i handle collection calls from cc??

Date: Thu, 10/02/2008 - 12:00

Submitted by wendylynn93
on Thu, 10/02/2008 - 12:00

Posts: 195 Credits: [Donate]

Total Replies: 6


I have been making arrangements with credit card collection companies and they just keep wanting me to make future payments up to 3 months or more.
what are my rights on this and are they obligated to take anything i offer.
such as i have offered $25 and they have said that is not enough i asked are you not accepting my payment well uh thats not it you can make that payment but i will be obligated to let the company know you refuse to pay. well of course that is not true and the company can see im trying and i have told them forget it then.
any suggestions as to how i can deal with this, i am not doing anymore payments over the phone, but they say that is the only way to make arrangements, is there a certain letter here i could use to get good arrangements.
We have brought the balances way downmost by half, we only owe $300 on one, a couple around $400 and another just over $500, so its not outrageous, jsut hard to get out of.
thanks for the advice.


The cardholder agreement is a contract. It defines how they calculate the minimum amount due every month. If an account defaults and sent to a collection agency, they have a right to demand the full balance.

In other words, you really don't have any rights inasmuch as making partial payments. They are not obligated to accept partial payments in satisfaction of the account default. Like s/he said, they won't refuse a payment -- they will take and cash it -- but if it's not enough to satisfy the account, they can continue their collection efforts.

There is a point of diminishing returns on their end. They can play hard-ball and refuse to take your arrangements; they can demand phone payments; they can note "refusal to pay" on your account. In the end, their only recourse is to sue you -- which they usually won't sue for small balances like you have. So they are only cutting their own throat by refusing to work with you.

Personally this is what I would do:
1) Write them a letter. Tell them you are willing to pay $XX.XX per month and that's all you can afford. In the absence of a response (they probably won't write back), you will deem the arragement as acceptable.
2) Send them the $25/month by mail. Keep track of your payment receipts and keep them all together for future reference.
3) If/when they call you, ask them to refer to your previous written correspondence. Then politely tell them you only correspond by mail. If they have something to say, tell them to put it in writing and mail it to you.
4) They can "note" whatever they want in your file. The fact is whatever they write in the screen (ie refusal to pay) really means nothing.


lrhall41

Submitted by DebtCruncher on Thu, 10/02/2008 - 14:02

( Posts: 2293 | Credits: )


I agree with DebtCruncher's post. I would also like to add that when you pay them, pay them only via mail and via money order. Keep all money order receipts as proof of payment. I have founnd that when you do verbal payments on the phone with your bank info, a lot of these bottom feeders will take a payment w/o your authorization.

As long as you are making SOME sort of payments on a regular basis (on one of my accounts I send just $10 a week!), it shows that you are, in good faith, attempting to pay this off. In order for any company to freeze your bank account or garnish your wages they MUST bring you to court first. That's when you will show all of your money order recipts that you have been paying on a weekly/monthly basis and ARE attempting to pay it off. This will go over very well in you favor through the judges eyes.

Make sure that when you write the company the letter that states you will be paying $xx amt every month, BE SURE to include a line that they are NOT to contact you via phone, but by postal mail ONLY!

Good luck!


lrhall41

Submitted by on Fri, 10/03/2008 - 06:41

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Thanks to all you knowledgable people who respond to people's questions on this forum! It has been a great help to me in dealing with collection companies!


lrhall41

Submitted by on Fri, 10/03/2008 - 06:58

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thank you, i wasnt sure how it would work with cc companies and collection. I know many collection companies you can be in charge basically, but apparently not with cc ones : (
thats a bummer,
thank you for the advice, i will send out letters to the ones that will not work with me and say how much i can afford to pay and ask them to stop calling and i only want contact through mail.
thanks


lrhall41

Submitted by wendylynn93 on Fri, 10/03/2008 - 10:02

( Posts: 195 | Credits: )


I have a question open to anyone for responding.... A collection company called and left a message in July...has not attempted to call or leave a message since about collecting a debt...the debt is not a substantial amount of money...what is going to happen? have they just threw it out the window or are they doing other things ?


lrhall41

Submitted by on Wed, 10/15/2008 - 15:43

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