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Account just went into collections

Date: Tue, 02/02/2010 - 01:56

Submitted by anonymous
on Tue, 02/02/2010 - 01:56

Posts: 202330 Credits: [Donate]

Total Replies: 5


I am trying to help my girlfriend out of her current financial situation. The total amount is around $6,000. My original plan to get her out of debt was to loan her the 6k to pay off her credit card debt. I would then put her on a payment plan to repay me instead of repaying the credit card companies at the default rate. I just found out that both of the accounts were sent to collections. When we called the credit card company, they gave us a phone number to call and said it was sent to collections. I'm reluctant to pay off a collection account and would much rather repay the original account holder. Is there a way to get an account reinstated or pulled out of collections? Here are the steps I plan on taking:

1. Call the credit card company to find out if the account is held by their collection department or sold to a third party collection agency.
2. Ask for the account to be pulled out of collections.
3. Try to settle the amount owed.

We are willing to pay the whole amount off. What is our best course of action? She is also willing to pay off the account, if it is held by a third party collections.


You can call up the creditor and verify if they have sold the accounts off to the collector or have just assigned them to collect on them. If the accounts have been charged off by the creditor and sold to the collection agencies, then you might have to deal with them. Try to negotiate a settlement with them.


lrhall41

Submitted by SC on Tue, 02/02/2010 - 02:26

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If they sold the debt, you have no choice but deal the the agency unless you want it on your credit report. they cannot legally sell the debt without a legal chain of title. It allows the agency to prove in court that they own the debt. The agency has 30 days to supply you with the paperwork apon request. The downside is that demanding this paperwork, is often enough to get them to sue you for the balance in full, plus lawyers, court fees and other interest and penalties. It can get very expensive very quick. Reluctant or not, the agency needs only contact you once to verify that you have no intention of taking care of it voluntarily. This can lead to many problems as some agencies are also lawyers offices. If that is the case, they buy debt with the intent of sueing you. Lets face it, this isn't $200 your talking about.
You might get real lucky and squeeze through, but I don't think any agency will give you any more than 20% off. If it makes it to court, you'll pay $9,000 in a heartbeat.


lrhall41

Submitted by on Tue, 02/02/2010 - 05:27

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Wow...debt free ....so much bad information.

Collection agencies cannot sue.....so they dont have to prove anything in court. Only a law office or attorney can sue and have to prove anything. A collection agency assigned 3rd party generally does not buy individual accounts...they are sold in bulk and obviously if a CA cannot sue, what is the sense of them buying it if you refuse to pay?

Settlements can run up to 80%...dont know where you are getting the 20% figure...just read this forum.


lrhall41

Submitted by SOAPLADY on Tue, 02/02/2010 - 05:37

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OK. I got some more information this morning. It looks like the accounts are 90 days late. Both accounts are with citi. When she calls one of the accounts, they give her a 1800 number to call. The other account is now being handled by a collection agency. They already sent a letter notifying her that the account is in collections. I'm guessing the accounts are still held by citi. I wouldn't think they would charge it off only after 90 days. The odd thing is that both statements say the payment is due in full in mid feb with payment slips.

What should we do at this point? Should we just work out a settlement with collections? I'm trying to do some research on pay to delete. All of her other credit cards are current.


lrhall41

Submitted by on Tue, 02/02/2010 - 08:30

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