Totally Confused
Date: Mon, 05/12/2008 - 14:09
The key is that the creditor still owns the debt, and they have
The key is that the creditor still owns the debt, and they have retained the CA to collect. In a case like this, the creditor can accept payments directly and apply it to the account -- albeit the creditor should report the payment to the CA. But any remaining balance can still be "in collections".
In taking payment, did the creditor agree to stop collection? Even though they are accepting payments, it is possible they don't consider the amount paid sufficient to satisfy the account. If the creditor allows or directs the CA to file suit, then it can proceed for any remaining balance.
But if the creditor agreed to accept your payments in lieu of suit, then the CA should not be filing a suit.
If I were you, I would speak directly with the creditor, and tel
If I were you, I would speak directly with the creditor, and tell them what is going on with the CA. Flat out ask them if they will consider revoking the debt from the CA and deal with you directly. That would solve it for you.
If they are at least reporting those payments to the CA though, the CA shouldn't be able to sue you.