HSN/CPS COLLECTIONS
Date: Thu, 07/09/2009 - 07:14
Hmm. Well technically, yes they can sue you. Don't let them sc
Hmm. Well technically, yes they can sue you. Don't let them scare you. Normally the first thing I say is to send a debt validation letter, but it sounds like HSN basically confirmed that they have sent the account to the collection agency, how nice of them. Is the amount the CA is saying you owe the actual amount you owe HSN? (Be sure to calculate what you have been paying into it). If it is then send the CA a letter explaining that you already have a payment arrangement with HSN and that they are accepting payments. (I assume they are still taking those payments out right?) Make sure this letter is sent certified mail return receipt. When the CA calls tell them about the payment arrangement with HSN, if they threaten to sue simply tell them that they will look like fools to the judge for suing on an account that already has a payment plan in place. Then hang up. Refuse their calls, you can even send them a total cease and desist letter to get them off your back.
The key here is that HSN is still debiting your account. If the company sues they will look stupid because they are already accepting payments. You simply tell the judge that as far as you knew, you already had an agreement in place and were honoring it.
Now, if HSN stops debiting your account then things need to change a bit. Then you should definitely DV the collector to make sure they are asking for what you actually owe...then offer the same payment arrangement..heck, even if HSN stops debiting your account, you should still make those payments to HSN via money order...if they refuse them keep the refusal letter to show the judge (and the money orders), if they accept them then keep the receipts as well.
Before I get to much more into this just wait and see what they do.....if HSN stops debiting them come back and let us know and we can try to help you deal with the situation. If the CA also does something else let us know....just be sure to keep all correspondence with the CA in your records.