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need hel!!!! 911

Date: Wed, 06/08/2005 - 11:27

Submitted by anonymous
on Wed, 06/08/2005 - 11:27

Posts: 202330 Credits: [Donate]

Total Replies: 8

need hel!!!! 911


ill try to make this short. my wife had a best buy card with her ex a while back, they had agreed he would make payments. He didnt and they closed it, but she foolishly let him keep it because he promised to pay. Then a week ago we found out it went to a collection agency (ASG) and they called adn talked to my wife. They told her that her credit is so bad because of this, she might as well as file for bankruptcy. Then when she explained the situation, they told her they would not accept a payment plan from her and would take it to court in 14 days if she did not try to apply for a loa to pay them off. which if they saw her credit report, should be proof enoguh she cant do it. And it will mess her credit up more to do that. The weirdest thing about this is that they told her that they cannot make a payment plan because the law states that they have to take it to court unless she sends them a denial letter from a loan company. something here is wrong and i can use any help... thank you


Hi Guest,

Welcome to the forums. The collection agency cannot bully your wife and assess whether she is entitled to file for bankruptcy. They are using unfair means to harass your wife and your wife's rights are protected as per the fdcpa laws.

The laws according to the FDCPA states the following which the collection agencies are not entitled to do on the debtors for the recovery of the debts. Please have a look at the following page for a broader idea.

http://www.debtconsolidationcare.com/fdcpa.html

Quote:

Then when she explained the situation, they told her they would not accept a payment plan from her and would take it to court in 14 days if she did not try to apply for a loan to pay them off. which if they saw her credit report, should be proof enough she cant do it.


Since you are willing to pay your debts, they cannot deny any of your payment proposals. Please consult your attorney to deal with it legally.

I will like to know here if your debt has passed the SOL period. If it has gone beyond the SOL period, then the collection agency is wasting its time to recover the debt. Please inform them about it as they cannot take you to the court to get a judgment.

If it is within the SOL period, then in order to put this whole action into effect, your creditor must first go to the court. Many collectors don't mention this point. As a result, due to lack of information, many consumers turn prematurely to bankruptcy.

Though, it is true that the creditor can sue you in a court and win a judgment, but the chances of these things happening are very rare in case of credit card debts. It is simply too much time consuming and expensive affair for them to take action against you. But there are possibilities of such things happening.


Since your negotiation with the collection agency is proving to be time consuming ordeal and without any positive result, you can consider yourself enrolling for a debt consolidation program. The trained consultant will be able to negotiate with your collector in a professional way, and as a result give positive outcome. Other than that, you will also be enjoying some benefits in a debt consolidation program which have been clearly explained in this page.

http://www.debtconsolidationcare.com/benefits.html

Please fill up the online registration form to take professional help and get in touch with a trained consultant. He will be analyzing your financial position, reducing your unnecessary spending through budgeting, and negotiating with your collectors so that your dues are fully paid and hence improve your credit rating. His counseling will be very much helpful to you at all times of your need and in turn lead to a debt free world.

Please let us know if we have answered up to your satisfaction and if we can offer further suggestions.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 06/08/2005 - 13:36

( Posts: 4009 | Credits: )


Hello guest,
Welcome to the forums.

Then a week ago we found out it went to a collection agency (ASG) and they called adn talked to my wife. They told her that her credit is so bad because of this, she might as well as file for bankruptcy. Then when she explained the situation, they told her they would not accept a payment plan from her and would take it to court in 14 days if she did not try to apply for a loa to pay them off. which if they saw her credit report, should be proof enoguh she cant do it. And it will mess her credit up more to do that. The weirdest thing about this is that they told her that they cannot make a payment plan because the law states that they have to take it to court unless she sends them a denial letter from a loan company.


It is clear from your post that the collection agency is resorting to unfair and illegal methods for realizing the debts from your wife. As per the Fair Debt Collections Practice Act, your wife has her rights as a consumer. A collection agency cannot force her to pay her debts or threaten to take her to court about this, unless she goes by her own free will or gives her personal consent. If a debtor wants to repay her dues, a collection agency cannot sue her and say that she cannot pay off her debts.

Under these circumstances, you should seek the guidance of your attorney. Only an attorney will be well equipped to help you with this situation.

As a consumer, you and your wife should also be well aware of your rights. If you would look up the relevant article provided by this site, you will get a better idea in this matter.

http://www.debtconsolidationcare.com/fdcpa.html

Hope this answers your query.

This site also provides free services to all its members. If you wish to avail them, please fill up the signup form and get registered.

Please feel free to come back to this community if you have any further queries.

Regards,
Peter :)


lrhall41

Submitted by peter on Thu, 06/09/2005 - 02:29

( Posts: 285 | Credits: )


thank you so much, it does help, just one question thought, which part of the fdcpa does it mention the whole thing about if she does want to pay it....


lrhall41

Submitted by anonymous on Thu, 06/09/2005 - 12:24

( Posts: 202330 | Credits: )


Hi Guest

Please let us know if this card is officially in the joint name with her. If it is in the joint name, then she is also liable to pay.

If the card is not in the joint name, then she can dispute it with the credit card company.

Please let us be informed.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 06/09/2005 - 13:18

( Posts: 4009 | Credits: )


it was an individual account, but he was a card holder also. but she did not know it was in collections. and she is way more than willing to set up a payment plan. But they play all nice and say they would love to, but law says unless she does this, they cant stop a letter going out for some type of court action. I was gonna speak to them myself cause she gets very intimidated. But i wanted to do my research so they dont fool me. What part of the fdcpa are they violating? She said that it was the in house lawyer who told her this. Can they refuse her offer to make a payment plan if she has never spoken with the collection agency?


lrhall41

Submitted by anonymous on Thu, 06/09/2005 - 14:40

( Posts: 202330 | Credits: )


Hi Guest,

Welcome back. The collectors are trying to intimidate your wife which in itself is breaking of the law as per the fdcpa. Moreover, they can't refuse any payment plan which is offered to them. If they reject it, it is also a violation of the law.

Please read this page to know the things they can't impose on any debtor.

http://www.debtconsolidationcare.com/fdcpa.html

I will suggest you to enroll yourself in a debt consolidation program. Doing this, one professionally trained consultant will get in touch with your collectors and handle the matter through proper negotiations. Your wife won't be required to pay anything extra in debt consolidation program except her debt.

Moreover, the debt consolidation program will eliminate all the financial charges, waive off all the late fees and re-age your wife's accounts. Additionally, your wife's entire debt amount will be consolidated into one loan amount with lower monthly payments which will be very affordable to pay at lower rates of interest.

Debt consolidation program will be the right choice for your wife as it will help to enhance the credit scoring also. All the debts will get cleared in a stipulated period of time and thus lead a debt free life very soon.

Hope that your wife will utilize all the benefits of the debt consolidation program mentioned broadly at this page

http://www.debtconsolidationcare.com/benefits.html

Please fill one short online registration form at the sign up page to get in touch with the trained consultant very soon. He will analyze your wife's financial position, negotiate with the collectors and choose the best payment plan suitable to your needs.

Please let us know your feedback regarding this matter.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 06/09/2005 - 15:37

( Posts: 4009 | Credits: )


thank you, but if they actually want to take it to court, is that not legal? where does it mention the part about how they cant refuse a payment plan?

thank you sooooo much


lrhall41

Submitted by anonymous on Thu, 06/09/2005 - 16:03

( Posts: 202330 | Credits: )


Hi guest

Please read this page to know the legal process of how a debt collector should deal with the consumer.

http://www.consumer.ftc.gov/

I hope that after reading this page, you will become stronger in offering the payment plan which they should accept politely. We believe that your courageous and positive approach towards the debt collectors will help you putting things in proper order.

Please do let me know your feedback

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 06/09/2005 - 16:54

( Posts: 4009 | Credits: )