I was in a no fault car accident in Oct. 2005. I did not have gap insurance so they only paid for what the car was worth leaving me with a balance. The car is totaled (ofcourse) because i am no longer working full-time, and enrolled in school fulltime, I made payment arrangements with company for what i can afford. Apparently they thought i was lying and attempt to do income verification etc.. So they have aggreed to accept the arrangements. Since then they have ask to settle for an offer which i had to refuse because i did not have the funds. So i continue to send the monthly agreed upon payments. they send me reminders about the payment etc. Recently they sent me a letter stating that they are canceling the payment agreements and that i have 7-10 days to pay the entire balance. They also said that if i don't they are going to take legal recourse, and this will be placed on my credit and affect my chances of getting a job. Is any this legal or even possible?
2006-10-03 04:36:49 · 11 answers · asked by upfromnutin 2 in Business & Finance ➔ Credit
This will not affect your chances of getting a job. They are threatening you so that you will pay up. Call them and tell them you have no money to pay full balance, ask them why they cancelled the payment agreement and tell them if they want their money then they will have to make a new payment agreement. They are bullying you--don't let them.
2006-10-03 17:38:50 · answer #1 · answered by country girl 5 · 0⤊ 0⤋
Everything here is dependent on your state's law. In Arkansas, where I live, any payment one receives toward a debt can legally be used as the guideline for future payments. If you were to send the company five dollars, for example, this month and it accepted the payment, it would then legally be held to a payment plan of five dollars monthly unless you increased the payment at any point. Then the increased amount would take effect. You need to talk with an attorney about the situation. Companies can report payment and non-payment to credit bureaus but can't put anything on your record there. The credit bureaus maintain and update the records according to the information given them by subscribing companies and businesses. I know of few companies which check applicant's credit ratings. A bank or a business which requires a security clearance might. But most companies and businesses don't even check your references, much less your credit history.
Again, I think a few dollars spent getting advice from an attorney would be an intelligent move on your part.
2006-10-03 04:53:37 · answer #2 · answered by quietwalker 5 · 0⤊ 0⤋
Most schools tend to offer legal programs you can join for like $25 or so for free legal advice during the school year. I would suggest you pay them and speak with the lawyer.
I believe that they probably can do what they are doing. They voluntarily entered into the payment plan with you, and are not under an obligation to keep doing so, unless they sent you some sort of written agreement. As you didnt state that was the case, I believe that what they are doing is probably legal. But if you dont have the $$, there is only so much they can do, other than send you to a collection agency (who will probably just work out another payment plan with you). But your credit will definately be negatively impacted if that happens.
2006-10-03 04:47:37 · answer #3 · answered by bmwdriver11 7 · 0⤊ 0⤋
The only way they can legally do anything to you is if you have missed or gotten behind on your payments. If you have cancelled checks and proof that the payments were made then legally you are ok and they can not do anything. Under the fair debt credit act they cannot place anything on your credit without obtaining a judgement first which means you would be served by a law officer and taken to court where you would not need a lawyer and could present proof that you are making every attempt to take care of this debt.
2006-10-03 05:14:18 · answer #4 · answered by confusedpatricia 2 · 0⤊ 0⤋
Sorry to hear about your troubles. Did you sign a agreement with the payments? If so take it to a lawyer and have him look over it. On a side note this is what GAP insurance is for...
2006-10-03 04:45:42 · answer #5 · answered by ewtaylor2001 5 · 0⤊ 0⤋
Well, I hope you got your payment agreements in writing, and have proof of your monthly payments....if it comes down to court, hopefully it would swing your way.
Call them and first be nice about it....but if they dont help, turn agressive. Claim you have proof of their prior agreement and that you'd like to take them to couirt...etc. Maybe they'll change their tune.
2006-10-03 06:20:52 · answer #6 · answered by Anonymous · 0⤊ 0⤋
nicely if the contract replaced into verbal, then its criminal. Verbal agreements cant be proved or disapproved. in spite of the undeniable fact that, If it replaced right into a signed settlement then its unlawful. Given you pay your complete contract ammount. in case you viod the agreed ammount in the settlement, then they could report for complete prompt charge for arrers and defective customer charge. until now you seize a lawyer, dispute the claims over telephone, or in man or woman exceptionally in case you have a written and signed contract (settlement) and might tutor moneyorder stubs, mastercard statements, verify fact, or something that proves you have been paying the agreed ammount. Alot of situations, its a defective blunders of their structures. additionally, by using federal regulation, no activity can discrimminate on the muse of race, age, intercourse, maritial prestige, sexual orientation or actual earnings. (that contains credit) credit exams arent performed for activity interviews and employment, they do crimminal historic past exams. no longer credit exams. submitting for loans, some apartment housing, morgage, and vehicle do credit exams.
2016-10-18 10:08:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋
no not if u have been making payments they can do that if u havent made payments my best advice for u is to call a lawyer they give free legal advice
2006-10-03 04:42:38 · answer #8 · answered by Dclp8204 5 · 0⤊ 0⤋
Sound like they are a fly by night finance company- you need to borrow that money from somewhere- if you are in school even part of a school loan--don't quote me though-and get them out of your hair or call one of those credit help companies immediately- they deal direct between them and you! Get them out of your hair before they do affect your credit and lessen your stress---Good Luck! STAY IN SCHOOL!
2006-10-03 04:47:29 · answer #9 · answered by ARTmom 7 · 0⤊ 0⤋
Is it illegal to have them place this on your credit report? Don't know.
But I do know that companies do do background checks that include financial histories, and I also know that people have not been hired because of it.
I know you don't have extra cash, but you should speak to a lawyer.
2006-10-03 04:40:22 · answer #10 · answered by JaMoke 4 · 0⤊ 0⤋