CBE Group - Won't sign offer to pay
Date: Wed, 11/24/2010 - 07:01
I've sent a letter spelling this out, and offered to pay each account / line item listed and amount. The agreement states that the payment can only be applied to the debts I listed. Unfortunately, this collection agency hasn't returned returned this agreement signed as requested. Also, I get the impression that they will do what they want. They told me they have never done a pay to delete, which leads me to believe this. In this case, I'm not ever requesting a pay to delete, I just want the payment used for what I intend to pay off.
My question is: How can I force them to only apply my payment the way I want, and make that legally binding, without the need to have them "sing" anything. Included a voucher or invoice with the item numbers for each debt, and the amount? Would that be enough?
Thanks. -a
Do they own the debt or are they working on behalf of the origin
Do they own the debt or are they working on behalf of the original creditor? How old are they debts? Are they within SOL?
CBE Group called me, and said they cannot sign the letter of agr
CBE Group called me, and said they cannot sign the letter of agreement I had sent. They said if I send the payment, they would send me what sounds like a receipt. My worry, is that if I send this check, made out to CBE Group, they may apply this payment to something "really old" that isn't even on my report. They verbally said they would apply this to the 5 bills I want them to apply this to, but there is nothing holding them to that, in reality. And I don't trust them. So, I am going to call them again and ask them to send me some kind of signed paper / agreement, something stating that they will apply this payment to the specific bills I want them to apply the check to. If they say they cannot do that, I've decided to contest each of these bills on the basis that they are refusing payment. By contest, that is, I mean a credit report dispute on these 5 items. Not sure what else to do at this point, since I do not trust them at all. I will try to record the phone call this time. Not sure what else to do.
OK, here's the thing you need on this one...are you familiar wit
OK, here's the thing you need on this one...are you familiar with the law called the FDCPA? Fair Debt Collection Practices Act? There is a provision in that law that covers this. It is in section 810 of the law, and it says two things....
First, if you have multiple debts with a debt collector, they are NOT ALLOWED to use any money that you pay them to pay down the balance on a debt that you have disputed with them. And second, if you have multiple debts with one debt collector, that they MUST follow your instructions as to where that money goes and does not go. The law is crystal clear on this.
I would definitely record the call in your state if it is legal to do so without telling them. But first, how did you dispute the two debts with them? If you have not done so, you must send them a certified letter disputing those two debts. Send them a copy of the letter--keep one for yourself. Also, keep the USPS receipt card that comes after they received your letter. Those two items are proof and you may need them later on.
Then, as long as its legal to record without telling them, I would record the call. I would explain to them that youre trying to pay debts and they have completely refused to agree to your instructions. STOP THERE and see what response you get. Then, tell them that you sent a letter with your instructions on it and that they refused to sign it or follow it. STOP AGAIN and let them respond. And THEN, if they still are fighting you on this, inform them that section 810 of the FDCPA strictly requires that they do the exact things that they have told you so far that they cannot do. Stop again and see what they answer with. Chances are pretty good that you will have them on tape breaking the law. Then, you need to go to www.naca.net and find a consumer attorney in your area. Call the attorney and ask if they give free initial consultations--if they do, take the copy of the letter you sent, the USPS receipt card, a copy of the letter that you sent that they will not sign, and the tape recorded phone call and go file suit against this CA for breaking the law.
