can they take me to court
Date: Thu, 01/04/2007 - 16:47
can allied interstate take me to court because they refuse a mailed payment? I will not give out bank info and now I am afraid they will take me to court, but I offered to mail it and he said they would not accept it, also, they are trying to charge me $100.00 more for my debt than I owe. Also, he said they only have my account for only three more months an it goes to another collection agency and they will charge me even more money, what is this about?
What kind of debt does allied interstate have of your's?
What kind of debt does allied interstate have of your's?
From what you say, let's look at the laws they have broken: h
From what you say, let's look at the laws they have broken:
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Quote:
(4) The advertisement for sale of any debt to coerce payment of the debt. (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. (6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- (A) lose any claim or defense to payment of the debt; or (B) become subject to any practice prohibited by this title. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. |
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While I can't find a specific phrase in there that talks about forcing an electronic payment, you have the right to pay your bills in your fashion. Just remind him that his words and threats are in direct violation of the Fair Debt Collection Practices Act and he will get the payment via mail or he will hear from your state's attorney general.
FYI said on another thread that while a CA can refuse to make ar
FYI said on another thread that while a CA can refuse to make arrangements, they can't refuse a payment that they receive..So if you mail a payment to them, it must be credited to your account.
