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Is This Legal?

Submitted by CmfP on Mon, 03/28/2011 - 12:11
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[COLOR=black]I'm currently repaying a CC debt that went to collections with Midland Credit Management. They sent me a letter and I called them and made arrangements to pay. Everything was fine but then I got laid off but continued to pay them. Well Christmas came around I called them asked for a month deferment which I got. Next month my was unable to make a full payment so called them and made a small payment. By the next month I was really strapped for money. So I didn't even bother calling. This month things got better so I called them to get back on track. They at this point are basically saying I have to start all over from the original balance. Can I get some advice here?[/COLOR]


midland?i'm guessing you got nothing in writing on this.why?because as ohiogal1 stated if you had an agreement in writing then any payments should get deducted from the total owed.midland is a JDB that should have been forced to validate the debt first.never just pay,or make arrangements to pay a voice on the phone.


Submitted by paulmergel on Mon, 03/28/2011 - 13:12

paulmergel

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[COLOR=black]So are you saying that I can apply what I've paid to what they are saying I owe? That would be doable. Wouldn't feel like they are taking advantage of my situation. BTW how do I do that send a letter? And thanks for all the replies.[/COLOR]


Submitted by CmfP on Mon, 03/28/2011 - 16:54

CmfP

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You'll need to show proof of your previous payments in order to deduct it from the balance due. Do you have canceled checks or statements you can show? I would simply draft a letter asking to set up payment arrangements and continue paying as you did previously. Include your first payment with the letter. Make sure that what you offer is something you can afford to pay monthly. Once you establish an agreement, you can't miss payments. That will get you right back into this mess again.


Submitted by OhioGal1 on Tue, 03/29/2011 - 06:51

OhioGal1

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