Deceiving Debt Collector...
Date: Thu, 03/31/2005 - 19:35
Anyway an offer of 60% of total debt owed was laid out and said open until the end of March 2005. I called to make other offers that I was told would be "taken to the client", who is Hilco Receivables LLC. I have contacted Hilco and no offers were ever taken to Hilco at all and the 60% offer has somehow misterously been swept under the rug and denied being made. I am now being demanded to pay 80%. If I reject the 80%, then it'll be 100% of the total debt owed.
This company (Phillips & Cohen Assoc.) has deceived me and lied to me in stating that they were taking all settlement offers to Hilco, when they never did and no intention of doing so. Plus, when I called Hilco and explained to them my situation and that I could settle my account immediately for 60% they agreed to those terms and had one of their managers call PCA to arrange for it happen. PCA has since refused to accept that 60% offer that both myself and the owner of my account have agreed on. They are stating that even though Hilco still owns my account, it was referred to them for collection purposes and they can decide on whatever settlement offers they want, not what Hilco wants.
I called Hilco after getting no where with PCA and had them make a note on my account stating what I just did above and they agreed to do so.
Now I just do not know what to do. I'm feeling pressured into accepting the 80% offer to just close this account and get it done. I do not want any judgements or liens or garnishments either.
Should I hold true to the 60% offer agreed on by myself and teh account owner (Hilco) or suck it up and pay the 80% to close this account to avoid future action?
Thanks in advance.
Ken G.
Hmm..have themmail/Fax a agreement to asccept your 60% with said
Hmm..have themmail/Fax a agreement to asccept your 60% with said paid upon siad date..send said payment as a bank draft/et el..ceritfied mail return receipt...
make that said payment..signed and agreed to by both originalpaties and then U are out of the picture and it is between the original debtor and the CA..as I see it.
Jerry
Hi Ken, You should consult an attorney or lawyer in you neig
Hi Ken,
You should consult an attorney or lawyer in you neighbourhood who is expert in handling federal laws as well as state laws.
Your rights as a debtor are very much well protected under fdcpa as well as in the state law.
You should also contact Consumer rights protection agencies who will help you a lot to get you out of this situation.
Nothing to get worried about as the consumer protection laws are all in your favour.Stop worrying & please do the needful as soon as possible.
Please keep all your documents which are being issued to you by PCA and the documents issued by Hilco.This will help you in the legal process.
Regards
thirdeye
Thanks for the replies, I appreciate them. Back to the owner
Thanks for the replies, I appreciate them.
Back to the owner of my account, Hilco. They've basically told me to that PCA is still in charge of resolving my account regardless of what we verbally agreed on and that all negoiations still has to go thru PCA. They also said that if I am using a debt settlement firm (Homeland Financial), have them do all negoiations directly with PCA instead of me.
I can understand all of that and appreciate it, but PCA is telling Homeland that samething they're telling me, 80% or 100%. If I do not take the 80% then it'll be 100% and further action will be taken to settle the debt.
We can drag this thing out till we're blue in the face...my goal is to avoid any judgements and settle at the agreed amount with Hilco.
Has anyone been involved in a similar situation at all? If so, what was the outcome? In the mean time I'll see what counsel I can find to aid in my decision making. Thanks again for all replies.
I agree
I agree with thirdeye, laws are there to protect you.
Quote:
I can understand all of that and appreciate it, but PCA is telling Homeland that same thing they're telling me, 80% or 100%. If I do not take the 80% then it'll be 100% and further action will be taken to settle the debt. |
Negotiate a little harder and it will come down to 60% but I must accept that it depends on many factors.
Vikas
