I have been paying this collection agency for a year and they have been cashing my checks. Now I get a phone message that I am not paying enough and I need to call them by a cretian date or they will move forward on my case??? I thought as long as you were paying they couldn't do anything to you? I wouldn't be paying if I wasn't going to pay back the debt in full, but I can only pay the amount I have been sending them. Are they just empty threats and should I go on paying like I have been?
2006-12-27 06:03:26 · 8 answers · asked by holly s 1 in Business & Finance ➔ Credit
Continue to pay them what you have been paying them. Get a copy of all your cashed checks and start a file. Call the company and ask for a supervisor. Let them know you cannot afford more that you have kept your agreement. Let them proceed if they want they will look like the fools in a court room when you have copies of the checks they cashed. If it works like my husbands did the collection agency had to accept what had been paid as full payment!
2006-12-27 06:08:27 · answer #1 · answered by novembersnow78 2 · 1⤊ 0⤋
Collection agencies are governed by the Fair Debt Collection Practices Act. Part of the Act says that 2 things have to occur before they can threaten legal action. 1. They have to intend to sue you, meaning the client has to agree to do that and 2. they have to have set a precedence in the past for suing accounts for that client.
The veiled threat to you was that they were going to sue. Since they have been cashing your checks for so long there is an implied agreement between the 2 of you. Can they sue, yes but it would be an effort in futility and they may bear the cost of your attorney. Generally they will look at things like are you a home owner, employed, have assets.
They likely will keep accepting your payments. Get a copy of the FDCPA from the FTC web site. Read it and understand what it says.
2006-12-27 09:58:04 · answer #2 · answered by John B 1 · 0⤊ 0⤋
They're pressuring you to try & get more money if they can. You've been meeting the previous agreement so what does "move forward on your case" mean? Doubt any judge would find for them since you're meeting the agreed terms. But do keep paying or they then have an excuse. They may "sell" your account to another collection agency but as they say, "you can only get so much blood out of a turnip."
2006-12-27 06:12:25 · answer #3 · answered by mike s 5 · 0⤊ 0⤋
First things first: stop paying them. Second, ask them to get proof you owe the debt and the statute of limitations is not up on the debt. Third, and this is most important: send them a "cease and desist" letter, also known as a "C&D". This tells them to stop contacting you about the debt, unless they are going to bring suit. Chances are they never will. Simply write a letter like this:
"According to the FCRA I am charging you to stop contacting me about this debt in any way, shape or form. This includes phone calls and U.S.Mail."
If the debt is over 2 years old, put your money to use elsewhere. Paying an old charged off debt (2+ yrs old) won't help your credit. You would be better served using it towards your current obligations.
2006-12-27 07:41:21 · answer #4 · answered by Kevin K 3 · 0⤊ 0⤋
its a threat, the fool calling you is working on commision and if he traps you into giving more and getting scared. Call his sup up and tell him the situation, if it is a respectable collection agency the person that left that message will face corrective action. The do not want you to get up and leave and not pay them anything at all. it is very expensive for them to take you to court
2006-12-27 07:45:39 · answer #5 · answered by Anonymous · 0⤊ 0⤋
holly s did they agree to the terms of the payments if so you do not have to give them anymore monies but if they did not agree
you have to do this keep your payment the same as you are paying now and let them proceed I don't think they will if they do go to court. And show the Judge that you are doing the best you can to pay them he'll probable side with you . if you don't want to do that File chapter 13 this will cost abit its not really the way to go . But its and option good luck Rick
2006-12-27 06:13:22 · answer #6 · answered by rickkritcher 3 · 0⤊ 0⤋
If they agreed to the amount you are paying, they cannot change the terms.
Ask them what they mean my moving ahead with the case. If it's court, I would be skeptical as most credit collection agencies don't go to that extreme.
2006-12-27 06:11:29 · answer #7 · answered by Joe S 6 · 1⤊ 0⤋
confident you will desire to pay it, why? that is going to coach on your credit as paid, additionally there's a place on your credit profile which you will positioned a notice declaring which you paid this invoice and characteristic 0 derogatories, i could advise paying it then in a year once you opt to purchase some thing a house as an occasion that is going to coach paid, and additionally you will no longer would desire to pay it then w/all the pastime that has incurred from the series business enterprise, additionally once you do pay it you could make a deal w/the business enterprise, that in case you pay this w/the pastime, they'd have it written completely off of your credit profile, i understand this with the aid of fact i exploit to be a supervisor of a set business enterprise in San Diego, so be particular to tell them you're prepared to pay yet like it wiped off of your credit, then in 30 to 60 days verify your credit that is going to be long gone and if no longer call them lower back and notify them that according to the contract they have been to do away with it out of your CBR (credit BUREAU record).. desire this facilitates.. Monique- confident talk TO HER supervisor on the business enterprise they'd do away with IT..
2016-12-18 19:59:36 · answer #8 · answered by ? 3 · 0⤊ 0⤋