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Debtconsolidationcare.com - the USA consumer forum

New user needs help

Date: Tue, 03/10/2009 - 15:13

Submitted by anonymous
on Tue, 03/10/2009 - 15:13

Posts: 202330 Credits: [Donate]

Total Replies: 21


FBCS has contacted me, and after a long time i finally paid them about 1/2 of what they say i owe them. We did some research, and read all of the warnings, saying not to pay these guys. Did I just screw myself in paying that amount? Is there anyway to sue and get that money back?

I am more pissed at myself that anything.


Okay, but should I just stop paying them now? the debt was a very old one, about 10 years ago, that my ex-wife and I ran up. It was an old credit card, in my name. It slipped through the cracks until now. I have come to a decision that i have paid them enough money, almost $2K total. I'll just go from there, and see what happens next.


lrhall41

Submitted by on Wed, 03/11/2009 - 09:39

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i am not an expert but i have some concerns about this. first since you paid, does that mean you have reset the statue of limatations? also does that mean you have admitted to the debt, therefore verified it? I really do not know these answers but those are the questions i would have and perhaps someone here will be nice enough to help further :)


lrhall41

Submitted by bea2ls on Wed, 03/11/2009 - 09:50

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Hey I appreciate your help. I hope I have not screwed myself by paying them some money already.

I am thinking about hiring a financial consultant (through my employment association) and possibly a lawyer if I have to. I am hoping it will not go that far.

Maybe I will register, and start a new thread. Maybe people would be willing to help more that way.


lrhall41

Submitted by on Wed, 03/11/2009 - 13:35

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Don't take the lack of response as being ignoreed because you are not a member, people work and vacation and are sometimes busy that they cannot get on the board. Everybody here are volunteers.

You are in a situation that a lawyer may be your best answer, it is also possible that nobody had anything good to say.


lrhall41

Submitted by on Wed, 03/11/2009 - 17:13

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The simple fact is that unfortunately, by paying something on it you have brought the account back into SOL. You may still have some options though, but you will have to fight for them.

First, how did they contact you about the debt? Did they ever threaten you with legal action, or pressure you?

Just because you paid them does not necessarily mean that your hands are tied. Send them a certified letter, in this letter explain to them that you made the payment while feeling under pressure, and before you pay anything more, you would like to be sure they are in fact the correct company to be paying and that they are in fact collecting upon a legitimate debt. If this debt is legitimate then they should have no problem providing you the appropriate information.

If they respond with threats or demands then you have reason for being even more suspicious. If that is the case then send them another letter informing them that there will be no further payments until such a time they provide you with the required information.

Now you likely won't get your money back....unless you are prepared to take it all the way to court..which you could do, especially if they refuse to validate...you could sue for the amount you paid plus whatever violations they have made and explain to the judge that you grew increasingly more suspicious when they refused to provide you any information and only piled on the threats.


lrhall41

Submitted by goldenbast on Wed, 03/11/2009 - 21:23

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Now the latest....

I have asked these guys for what we agreed to in writing. There was $2600 left on my balance, and I paid them half last month, and told them I would pay the rest this month. But I wanted it in writing. Now I get some letter from them, that is not on their "normal" letterhead, saying "as per our agreement, you will pay $2000 by March 18". thing is, our agreement was for $1300. Now they are saying I owe them more than what we agreed upon. Is this mail fraud? Should I write a letter to the BBC and make a formal complaint?


lrhall41

Submitted by on Mon, 03/16/2009 - 08:04

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Thank you everyone for your help. I wrote the cease and desist letter. The company sent me a letter back saying they have no record of my debt, and that all future inquiries be sent to some other company.

No I want to go on the offensive, and try to get my money back. I read that a collection agency like this, by law, cannot get more money from you than what they bought the debt for. So I am going to find a lawyer that may be willing to do this.

thanks again to everyone.....


lrhall41

Submitted by on Fri, 04/03/2009 - 10:37

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That is not true at all. When a debt is bought, they are buying the balanced owed, regardless of what they actually paid for it. It is perfectly legal for them to buy a debt for pennies on the dollar and to charge the full amount owed, or even to charge extra fees and/or interest if they have the signed contract that allows for that. Even if the contract does not state any specific interest, many states allow a certain interest to be charged on an account, like Texas has a basic 6% interest rate for anything that doesn't mention a specific interest rate in the paperwork.


lrhall41

Submitted by goldenbast on Sat, 04/04/2009 - 00:56

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