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What should I do?I know I wrote a lot, but I'm desperate!!!

Date: Tue, 07/04/2006 - 06:09

Submitted by anonymous
on Tue, 07/04/2006 - 06:09

Posts: 202330 Credits: [Donate]

Total Replies: 9


I lived in USA, Florida, one year ago. I lost my job and return to my country - Brazil. I had two huge debt amounts in CC, AMEX. AMEX hired two debt collectors named URS and NCO to collect my debts, one for each CC. They are calling me several times a day. I called the creditor (AMEX), but they said that thess accounts are no longer with them, they passed the account to a debt collector. I'm willing to pay what I owe, but I cannot pay the way they want to receive, and I think the amount they are billing me is not fair based on the APRs we have in USA.
What should I do? Please suggest me something legal that will protect me till I get a better job situation.
Should I stop negotiating with these debt collectors and tell then that I don't negotiate with them, I want to negotiate direct with my creditor? Is this a smart way, will be easier to save me any money? What kind of formal or written documents must I generate to don't be sued for this, or to extend the time to negotiate with my creditor?
Could I negotiate for a decrease in the debt amount, once 1/3 of the amount are fees and huge apr they applied once I stopped my payments? How can I do this? Do you have any suggestions about conversations?
The debt collector is using my former USA employer address to contact me, but he also got my Brazilian phone number with my former employer, I never received a letter just phone calls, is this right? Do I have to provide them, both the debt collector and the creditor, my new address outside the country - in Brazil? They never asked me, is there a reason to do so? Are they trying to put me in a trap?
What is the right way to solve this situation?
Debt collector is telling me if I don't pay or accept their terms till 07/06, the creditor has the right to sue me, could they sue me if I am outside the country, or in other words, I don't live in USA anymore? Just remembering, they have only my USA address and they don't know - or pretend to - that I'm living outside the country. How could I formally communicate this to them to avoid any kind of legal thing over me later on?
How can I make clear to both debt collector and creditor that I am willing to pay, but I want a decrease in the amount and I can pay just a few dollars a month till I get a better situation?
How can I protect myself against any judgment or sue if the debt collector and the creditor don't want to hear me?
I know I wrote a lot, but I'm desperate, please help me!!!


Hi Wagner

If the credit company has sold the account to the collection agency, they won't accept payments from you because the file is no longer with them. You will have to make arrangements with the collection agency only that has your legitimate details. Ask them to send you the debt validation in writing to make sure that they are authorized for the collections. Send the debt validation letter through certified mail with return receipt requested for records.

The original creditor cannot take legal actions after the account is sold off. Only the collection agency has the rights to take further actions as they have now become the current creditor.

You might have a notice from the court at your home address in USA. Talk to a lawyer who will help you in replying to the court papers and notifying them about your absence in the States. After you return back to the States, you will have to show your presence in the court before any judgment is awarded against you. It is necessary that you reply to the court papers if the collection agency gets from the court. A legal judgment will be recorded with the local clerk county as well as in the latest copy of your credit report.

Write a letter to the debt collector to validate the debt. This is to make sure that they are genuinely authorized for the collections of your account. Only after the necessary details have been given to you in writing, you can work out payment plans with them.


lrhall41

Submitted by GunsNroses on Tue, 07/04/2006 - 11:01

( Posts: 485 | Credits: )


I've called the debt collector - URS, they are just representing American Express, they didn't buy the account. They didn't want to send me a letter stating they represent Amex, they want to send me a fax, as I'm outside the US - must I accept this? Is it easy to negotiate wuth the debt collector and ask for a decrease in the amount due? What do you know about settlement program? What are the consequences if I refuse to deal with them?


lrhall41

Submitted by wagner on Wed, 07/05/2006 - 19:37

( Posts: 6 | Credits: )


Don't beat yourself up my friend. I work for AMEX and they are shameless promoters of overspending. It is part of my job as a card activator to request balance transfers, additional cardholders, and sell all sorts of bells and whistles that encourage overspending. If your refuse to deal with collectors, that is your choice and your right to deal with whomever you choose. No matter how scary debt collectors sound, they really can't do anything to you. You can take your AMEX accounts to a consolidation company and that will help to temper the interest and fees and keep it possible for you to eat and keep house.

AMEX still needs to take a long look inside.


lrhall41

Submitted by Jedi Mistress Ari on Thu, 07/06/2006 - 09:36

( Posts: 2192 | Credits: )


What I mean is that AMEX never gives a message of responsibility to it's cardholders! They enthusiastically encourage endless spending! Watch any beer or whine commercial, there is a disclaimer at the bottom saying to "drink responsibly" AMEX never says to anyone "Spend responsibly" They give you points rewards systems and tell you to shop until you drop. Then something happens and you can't pay the bill, and they are ruthless in pursuing you for the money.

Wagner, you remind me of my mother-in-law over in Denmark. She speaks only broken English, and I keep forgetting to avoid slang and figurative speech when talking to her! I need to remember that for you as well!


lrhall41

Submitted by Jedi Mistress Ari on Fri, 07/07/2006 - 12:46

( Posts: 2192 | Credits: )


Wagner,the best way to get answers to your questions about negotiating the amounts,etc., is to sign up for the free credit counseling on this forum. The credit counselors can answer your questions about anything concerning your debt.Good luck-keep us posted. Also,as Lorri said browse the forum topics here,they are many usefull solutions others have used and how they are handling their debts. :D ...Karen


lrhall41

Submitted by Bossy4455 on Sat, 07/08/2006 - 14:53

( Posts: 5854 | Credits: )


Hummm , lemme get this straight.. You are in Brazil, and your worried about two bottom feeder collection agencies in the US? Maybe I'm looking at this overly simplistically, but as far as I know your Credit report from the US is not carried to Brazil. Debts incurred in the US may not be able to be reported in Brazil. Am I saying don't pay the bill?? No way . you incurred the bill your are responsible to pay it off. But I really don't think there is anything that NCO or URS can do. send them what you can afford and keep detailed records of the payments. whether they would like more or not is really not open to discussion, as they are probably powerless to do anything but waste their money placing international calls to you. Check with a Lawyer in Brazil and see what they can and cant do under Brazilian law and how this debt would be affected by those laws. In this case they would have to Abide by Brazilian Law, not US law. I am pretty certain neither of these social parasites are fluent on Brazilian law or how it applies to their activities.


lrhall41

Submitted by LCW on Sat, 07/08/2006 - 20:35

( Posts: 1151 | Credits: )