should I answer the phone

Check out cantaffordmybills.com They give great advise and were very helpful for me in settling my debt.

Dont offer to settle until you can actually make the settlement payments, usually due within 3 moths

You can exercise your right to not be contacted by phone. The Fair Debt Collection Practices Act protects you from telephone harassment. If you feel you are being harassed, the next time they call ask the caller for their contact information, your account number, and the balance due. Write down the name of the caller, the name of the collection agency, their physical address, and their telephone number along with your account number and the balance due. Do not get into an argument with the caller. Instead, insist that they give you this information without discussing your payment at all. When you write down all the information, say thank you and hang up. You are going to send them a certified letter. In this letter, state your name and your account number, and that you do not wish to be contacted by phone. Include an address where you can be reached by mail instead. Make sure the letter is typed and sign and date it. Mail the letter to the collection agency by certified mail with a return receipt requested. (Your local post office can help you with this.) As soon as they receive your letter, they are not allowed to call you anymore. If they do, it is a violation of your rights, and you can sue them for harassment.

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KenS, this only applies to CA right? Not the OC's.

Yes, this only applies to a third party collector per FDCPA.

Thanks Shazzers! (I thought I read that somewhere here on another thread).

I know that the phone calls are intimidating to some. However, I encourage people to answer the calls, or at least do it most of the time. You will find that most of the agents for the original creditors will be respectful to you, especially if you remain calm and polite. Just tell them that you do not have the money. If there is a hardship, give a brief explanation (although I would not get into too much detail on the phone at first). They will continue to call, although I have found that if they feel you are having a legitimate hardship, the calls will not be as often.

I am having a legitimate hardship, as both my wife and I are now totally disabled and our only income is from disability payments. After explaining the situation briefly over the phone, CitiBank sent me directly to another department. I sent them a written explanation and proof of disability from SSDI and they put me on a "do not call" status (at least for now). I am communicating in writing only to them.

Every person has a different circumstance. The main thing is to keep the lines of communication open. I think it will benefit you in the long run.

I have sent countless written letters to the OC to ask for a hardship and all they do is keep calling and they have never responded to my original letter stating what I could pay.. Instead they just keep calling and adding those late charges I want them to answer my request in writing talking is just my word against theirs .Why is so hard for them to answer you in writing. You say hey I cant pay the min I can pay this for now.
please stop adding late charges etc so what is so hard about them just saying Yes or No we cant accept that. but no they just keep calling so they think that the can bully you into paying more like what you say is not good enough.it amazes me I must have the worst Credit card companies as I see how everyone else can work with theirs .. I dont want to be bullied into paying more than I what I said I could to begin with Geez why do they make it all so hard

I hope that every letter you send is "certified, return receipt requested". Even though it is hard to get them to even acknowledge mailed correspondence, with this method, you have proof that they received letters from you. Push comes to shove, you can ask that they produce a copy of the letter you sent, as you know they got something.

I also prefer things in writing. Part of the problem is some impairment due to medications, especially my wife. It is very difficult to maintain a train of thought on the phone. In writing, I can put it aside as needed, then go back to it. CitiBank has been very good about this. They even gave me a FAX number. All you can do is keep hounding them about it, just like they hound you for money.

Get yourself a cheap tape recorder and record your calls...just put the microphone near your phone receiver. Be sure to tell them that you are recording the call....that is important for legal reasons. That might help you.

Yes, dont answer the phone until your able to afford and pay off your bills. When you can do this then answer or call them back and ask for a settlement.

Quote:

I just talked to Americanexpress and asked for a 10% settlement she said I'll ask a manager but came back and said the best she could do is 90% I told her to keep my number if it changes to call me.... Now I know they won't do 10% but right now the most I could do is like 25% for real. So what do I do now

So far I'm answering my calls. Or rather returning the v-mails they leave. Pretty rarely am I available to take calls during the day and don't really have the privacy to discuss these kind of matters. So I call back in the evening most of the time, or on the weekend.

I don't know if that's helping or not because I'm not at the point where anyone, including myself, is making any settlement offers. But I keep telling them that I'm not avoiding their calls, and please make a note of that, I simply can't pay (and then I give a quick explanation why). Some are nicer than others, but all in all it's not too bad. The calls then stop temporarily too, which is kind of nice. Although with caller ID, it's also pretty easy to ignore the calls even when they are calling several times a day.

Anyway, I'm hoping that talking to them creates some kind of goodwill, or at least keeps them from sending it to litigation right away.

i would avoid the calls for the most part. Not completely though. On occation answer and explain why, but i would only do it once every other week or so just so that they are aware of your situation is still the same. Atleast until you get a decent amount saved, i wouldnt communicate much scince if you are looking for a settlement, they usually want that paid in full (not always though) so you will haveto have enough ready for when you reach a agreement. If you reach a agreement and dont have the money, they can change thier minds until it is in writing an so forth.

at what point do you say I want to settle and this is for howmuch... 3 , 4 months what is best

at what point do you say I want to settle and this is for howmuch... 3 , 4 months what is best

at what point do you say I want to settle and this is for howmuch... 3 , 4 months what is best

if i were you at 3 months maybe answer the phone and tell them look i have x amount of money. If you want to settle for that let me know. but thats all i have to give. If they say no or that this is too low, tell them that you have other collectors too that may take it and be done with it till the next month. Till tthen you will have a little more then offer them the new amount and keep that up till a agreement is made.