Need Advice Please
Date: Wed, 06/22/2005 - 08:23
Need Advice Please
The day after making the payment on the Amex Blue card, I received a letter from Collectcorp advising me that the entire balance (in excess of $9000) was due immediately. I explained that I had just made a large payment and that I had no way of paying the rest of the balance immediately. I told them that I could pay 20% immediately and make payments every two weeks until the debt was paid off. The collector became enraged, made sexist comments, threatened a lawsuit and hung up on me.
I called back and asked to speak to a supervisor. I re-explained the situation and he told me that my plan of repayment would be acceptable, though not ideal, and I should contact him with my bank information as soon as I was ready to make the first 20% payment. I also informed him that I would not deal with the first collection agent - I would only deal with someone a little less hostile. In the following days, I left the supervisor two detailed messages about the status of the impending payment (when I would be making it, how much it would be, and the amount of following payments). In response, I received two more calls from the first agent, who said HE wouldn't accept the payment schedule and HE wanted payment in full right now. When I finally got in touch with the supervisor again, he told me he never got my messages (a lie, since he seemed to know everyting that I said on them) so he had advised Amex to reject my payment plan and the balance was once again due in full. There were some other statements he made that turned out to be clear untruths, so at this point I don't trust anything they say and CERTAINLY don't trust them with my bank information.
In conclusion, I told him that Amex was still accepting payments directly from me, and that though the account was still cancelled and they couldn't actually discuss it with me, it was now showing current status in the "minimum payment due" section. He told me it didn't matter what I paid Amex, THEY could sue me and that they would put it on my credit as an F9, which was the same as a bankruptcy.
Can they really do that? Isn't it up to Amex to initiate a lawsuit and report to the credit agencies? What will happen if I just continue to pay Amex and NOT the coll. agency? And if I continue to make large payments TO Amex(not the agency), can it really affect my credit report that negatively(an F9)? What are my rights in dealing with these horrible people?
Worried,
Kimb515
Hi kimb515 Welcome to the forums. Please do not feel sad abou
Hi kimb515
Welcome to the forums. Please do not feel sad about what has happened and take things in the stronger way. You must be having some slip of the last payment made to the bank of the minimum payment. You can produce that copy to the collection agency and file a case against them they are using harassing, abusive and fake methods to recover the debt from you.
http://www.debtconsolidationcare.com/fdcpa.html
Though your account has now been passed on to the collections, so you will be required to make payments to them only. The best thing to make this transaction easier for you will be to gather the latest information from the banks about these accounts. You need to get a copy of the current account status so that you are able to produce legitimate proof whenever required.
The consultant dealing with you will directly contact the collection agency and get the best alternative. Please inform him of the latest so that he can make the required move in the right direction.
The collection agency is threatening your credit file to be rated negatively and this is violation of the law. Please inform your collection agency that you will be paying your debt in your own convenience and if they use any sort of illegal methods in the future, then you will file a case against them although you are presently in the right situation to do so.
To make yourself legally in the stronger side, please inform them that you are recording all their telephonic communication and if they do not act decently, you will take legal action against them.
I am sure that the collection agency will not deny your move after knowing your payment plan and preventive steps. They are trying to bully you to recover as much as possible at the earliest by intimidating you. Please feel rest assured that you will get a cover legally when ever your rights are at stake.
Regards
Roxette
Hi Kimb515 Welcome to the forums. First of all you paid up
Hi Kimb515
Welcome to the forums.
First of all you paid up the green card you are having with American Express. In addition you also paid up to a large extent your blue card. As your accounts are transferred to two collection agencies you need to enquire about their status.
You need to get the information if American Express still owns those two cards or they have sold the cards to two different collection agencies.
If they are sold to two different collection agencies then the collection agencies has the sole right to collect the debt but in a rightful manner. Since you are concerned about the blue card with CollectCorp your card status needs to be enquired. If they are still with American Express then by paying the money to AMEX will do. But if the account is sold off to CollectCorp then you have to make payments to the collection agency. If you do not pay the amount to the collection agency then they are empowered by law to file a suit against you. But since you have already paid a huge sum for blue card please ask your collection agency to verify it. If you have paid it to American express then please ask them to transfer the amount in favor of the collection agency if they no longer hold the account with them.
You should also keep all your money receipts with you as it will help you to prove your point in the future. In case the collection agency holds the account then non payment of debt may lead to a R9 rating on your credit report provided the accounts are charged off. But one thing you should be rest assured is that a collection agency cannot adopt unfair means to collect the debt.
To know more about your writes please click on this url http://www.debtconsolidationcare.com/fdcpa.html
Hope this information will help you in dealing with the collection agency.
Please feel free to write back with further queries
Regards
Peter
Thank you...
In response to Peter -
Amex won't talk to me about the account(they say that another agency is handling it until it is made current - that is all they will say). The CA won't verify if they actually own the debt or have simply been hired to collect it for Amex(and they have lied to me so many times already that I'm hesitant to believe anything they say), but I do know that Amex is still accepting online payments and updating my account summary. I actually posted another question about this very thing before reading your reply.
Also, when they were threatening legal action, the agent specifically said that he would ADVISE American Express to sue. He's also made comments like, "Amex wants all their money now", and "we don't pay your bill to Amex, so we can't accept payment plans".
Thanks for your help.
Very confused,
Kimb515
Hi kimb515 I have made a suggestion about this post along wit
Hi kimb515
I have made a suggestion about this post along with your other post in your previous thread. Please have a look in your other thread also.
Since the debt now has passed on to the collections, your main concern should be to pay the debt as soon as possible. Ultimately, after the payments are complete, the credit bureaus will be notified about your account to be paid in full and you will able to see your improved credit rating.
Aside, you can write a letter to the Amex also explaining your situation and state that you don't wish to be harassed by them. Let's see how it works
Regards
Roxette
sears credit card
Owe a debt to Sears,($2,400) account has gone into collections due to making payments under amount due every other month.THey of course want full payment immediately. Should I consider them garnishing my wages? seeing how I have no one to borrow funds from. Collection agency tried to intimidate me with "legal" action may be taken my sears. I am willing to enter into a payment plan seeing how it is impossible to pay off full amount. Advice please on this stressful situation.
Katie, You will be served court papers before your wages are
Katie,
You will be served court papers before your wages are garnished and a notice about it will be sent to you 20 days in advance. Besides, there are other legal requirements that can make the wage garnishment legal.
Please be aware of the fact that the collection agencies can take actions if they don't get the money from you. So, you need to negotiate with them and make a payment arrangement. Tell them that taking the matter to the court won't help them in getting the money faster. And you are willing to pay the debt after some arrangement is offered to you.
Be clear and confident while you offer your proposal. It will be helpful if you can send some money in advance along with your proposal.
It is very important for you to talk with them and resolve this matter. Keep calling until you get the desired results. I hope that they will be able to arrange something for you.
