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do i have to pay the collection agency

Date: Tue, 05/23/2006 - 12:22

Submitted by nozoldlady
on Tue, 05/23/2006 - 12:22

Posts: Credits: [Donate]

Total Replies: 18


I am slowly working on reducing bad debt. It seems that as soon as I think I am making headway a collection agency calls and demands full payment...then there is no money for the other bills for a month or two and the cycle grows.

Do I have to deal with the collection agency once they have my information or can I legally refuse to do that and continue to attempt to deal with the original creditor?

I realize that the original creditor may not want to deal with me, but I do intend to honor my debt...it is just taking longer than expected as life has interveined into what I once thought was my utopia.

Any advice would be helpful.

Thanks


Hi

Under the laws, you can arrange payments with the credit companies if they have not sold off your accounts to any CA. Explain your problems about dealing with the CA to your creditor and they might pull back the accounts.

But if your accounts have been sold, you will only have to arrange payments with the collection agency. Remember, the collection agency has to identify in legal terms that about being authorized to collect the debt from you. The fdcpa laws require the CAs to send the details of the debt in writing obtained from your original creditor. If they are not able to give this information in writing, you have the legal rights to refuse payment and hence prevent your money from going into wrong hands.

The original creditor will be willing to work with you if your account info is with them. You need to offer a realistic payment plan and your account will be taken back from the CA hired for the purpose.


lrhall41

Submitted by Gretchin on Tue, 05/23/2006 - 12:36

( Posts: 482 | Credits: )


You have an absolute right to deal with your creditor directly. Unless they've told you in writing to deal with someone else, any payments you make to someone else may not be credited to your account with the creditor and you'll still be on the hook to them for nonpayment. In Virginia, and I think this is true in most states, tender of payment by a definite means (i.e., cash, cashier's check, certified check or money order) is the same as payment, even if the creditor refuses to accept it. Watch out for cash, though, only those denominations of currency marked "legal tender" have to be accepted - not all sizes of bills are "legal tender". The theory is that if you refuse to accept a payment in cash or something that's as good as cash, you've waived the payment.


lrhall41

Submitted by Virginia-Legal-Defense on Tue, 05/23/2006 - 18:22

( Posts: 260 | Credits: )


I have asked them for Validation of a debt and they sent me an Acceptance cert. but it did not have my correct SS# on it..the SOL expires in 2 months and they keep contacting me...what should I do if anything?


lrhall41

Submitted by on Sat, 06/06/2009 - 12:34

( Posts: | Credits: )


return the certificate along with your validation request stating this is not validation.also point out the ss# is not correct.send them the same way CMRRR.


lrhall41

Submitted by paulmergel on Sat, 06/06/2009 - 15:30

( Posts: 15514 | Credits: )


In making payments to a Collection Agency, should I send them a personal check or a money order? I have heard that once they have you banking info, they can bleed your account dry! Any direction will be great.


lrhall41

Submitted by on Thu, 06/11/2009 - 14:26

( Posts: | Credits: )


In making payments to a Collection Agency, should I send them a personal check or a money order? I have heard that once they have you banking info, they can bleed your account dry! Any direction will be great.


lrhall41

Submitted by on Thu, 06/11/2009 - 14:29

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous
In making payments to a Collection Agency, should I send them a money order cashiers check, or certified check? I have heard that once they have you banking info, they can bleed your account dry! Any direction will be great


money order is best.certified or cashiers check can still have your account# on it.you can get a money order most anywhere.


lrhall41

Submitted by paulmergel on Wed, 12/23/2009 - 06:06

( Posts: 15514 | Credits: )


To answer to the question once the acct is with an agency...then client can't talk to you anymore legally...so you do have to deal with the agencyQuote:

Originally Posted by nozoldlady
i am slowly working on reducing bad debt. It seems that as soon as i think i am making headway a collection agency calls and demands full payment...then there is no money for the other bills for a month or two and the cycle grows.
Do i have to deal with the collection agency once they have my information or can i legally refuse to do that and continue to attempt to deal with the original creditor?
I realize that the original creditor may not want to deal with me, but i do intend to honor my debt...it is just taking longer than expected as life has interveined into what i once thought was my utopia.
Any advice would be helpful.
Thanks


lrhall41

Submitted by on Sun, 12/27/2009 - 15:47

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous
To answer to the question once the acct is with an agency...then client can't talk to you anymore legally...so you do have to deal with the agency

That really depends on the contract between the collection agency and the original creditor. It doesn't hurt to try contacting the original creditor anyway, all they can do is tell you the debt is no longer in their hands, however, at least you will know for sure. I still wouldn't take the collection agency word for it until you receive a dunning letter (letter of collection) in the mail and you make them validate the debt. That is for your own protection.


lrhall41

Submitted by Shazzers on Mon, 12/28/2009 - 07:31

( Posts: 17344 | Credits: )