Safe to pay a valid debt to a CA?

Discussion in 'Credit Talk' started by Cape, Jul 29, 2008.

  1. Cape

    Cape Member

    I’ve had a surprise (but valid) debt end up with a CA and I want to pay it and have it over with. I’m worried though, after reading about CAs selling debts even after they’re paid and this CA has a low reputation (Nationwide Recovery). Is there some particular way to go about this to make sure that it’s final? I’ve been pondering what to do and reading other posts and wonder if a dispute of their right to charge a collection fee might put them in a more defensive position or if I should just go ahead and pay them and hope for the best.
     
  2. greg1045

    greg1045 Well-Known Member

    If/when you pay it with a personal check - write the words "paid in full" on the memo line of the check. If the CA cashes the check you will have proof that your obligation is fullfilled. And send the payment CMRRR. Do not let them BS you into a phone payment.
     
  3. ivydlsk

    ivydlsk Well-Known Member

    I would go further than that. I would work out an amount with them and have THEM send YOU a letter saying they are accepting that particular amount as paid in full and will report as such to all three credit reporting agencies.

    THEN send the check under the guidelines laid out by greg1045. Be sure and hold on to all your paper work in case it pops back up later on.
     
  4. Hedwig

    Hedwig Well-Known Member

    Much better. Restrictive endorsments only work in some states, and in many cases it must be a special wording or have some paperwork attached.

    Simply writing "paid in full" doesn't make it so.
     
  5. Cape

    Cape Member

    Is a personal check really better than a mo or cashier's check? These people are really sleazy sounding on the phone. I haven't spoken with them directly. After a couple of weeks of dark and hostile voice mails to call them about a letter they allegedly sent, they actually sent one. It wasn't until then that I actually knew what they were talking about.

    I really am worried that they might try something illegal if they got my bank account number. I think most people would agree once they heard these psychotic sounding messages. It’s not a huge amount of money but I want to do this as safely as possible.

    It's not even on my credit reports. It's a cell account I closed with AT&T. Whether or not I actually owed them money is disputable so, I guess rather than send me a bill I could contest they just waited a couple of months and sent the debt to these sick people. I know they can put this on my credit reports after thirty days unless I do something.
     
  6. jjgross

    jjgross Well-Known Member

    You got a letter dispute that it's you.i would not send a personal check.to much info on itI've had a run in with them.they pushed the wrong button.they complain to the telephone company about me,and the certain words i used,course now i'm nice as pie.these guy's are as bad as they sound
     
  7. ivydlsk

    ivydlsk Well-Known Member

    Only you know how much you are willing to deal with as far as phone calls, letters......

    I, personally, wouldn't give anyone any money that didn't give me something in writing. And if they aren't willing to give you something in writing, I'd venture to say they cannot validate the debt or they aren't on the up and up.

    Just my opinion.
     
  8. jjgross

    jjgross Well-Known Member

    Ivydisk your opinion is valid.that bunch is the biggest bunch of scumbbags that ever walked or craqled on cloven hoofs i wouldn't send them a dime.
     
  9. Cape

    Cape Member

    I know the debt is “valid” because the letter Nationwide finally sent me referenced an AT&T account I had closed. I called AT&T and they acknowledged that they’d sent the account for collection and said the matter was completely out of their hands now.

    (Long story short: I upgraded my phone, got a new account on a special deal then canceled it within the grace period. I told AT&T since they’d already closed the old account with out any penalty I didn’t think I owed them anything unless they could show where I had agreed otherwise. I guess they didn’t like that and sent the final statement to the CA instead of me.)

    I’m willing to pay it just to have the matter finished and because Nationwide will soon be in a position to put this on my reports. I would really like to prevent that. I’m conflicted about how to proceed as they really seem like untrustworthy maniacs.
     
  10. collectman

    collectman Well-Known Member

    That is not correct. Only certain states accept the Accord and Satisfaction clause. Also, the particular words that would need to be wrote on the check, are on the endorsement line on the back of the check, they would need to say something to the affect of, "Resitricted Satisfaction". Though you would need to check with your state to see if they allow for such.
     
  11. collectman

    collectman Well-Known Member

    Send them a cashiers check for the balance and call it a day.
     
  12. wenker

    wenker Active Member

    Has anyone kept up to date the fact that early termination fees have been deemed illegal? The case has been making its way through the courts and Sprint has been ruled against already with the judge saying early termination are illegal and customers must be repaid. If this is an early termination issue you may not owe a thing.
     
  13. Cape

    Cape Member

    No, I hadn't hear that but I'd very much like to know more since that is the nature of the debt. I'd heard that T-Mobile is going to start tapering down the termination penalty for each month or two that you stay with them.

    I wonder if there is a data base anywhere that lists which states enforce the "Accord and Satisfaction clause" and perhaps what the appropriate wording would be. I think I'll call my bank here in Texas to see what they can tell me.
     
  14. ivydlsk

    ivydlsk Well-Known Member

    Congress looked at the early termination fee issue earlier this year, but did they actually institute a law forbidding them?
     
  15. wenker

    wenker Active Member

    Calif courts

    If you google the Sprint court case you can learn more. The judge handed down the verdict in the last couple days and is scheduled to hear cases with the other companies as subjects.

    The judge handed down a 37 page opinion and a nice judgement against Sprint.
     
  16. Hedwig

    Hedwig Well-Known Member

    This is a tentative decision. Sprint still has a chance to try to make their case, although the prevailing thought is that it won't be successful.

    However, it is not yet a final ruling and should not be relied upon until it is.

    Even then, if it's in appeals, other judges may not recognize it until the appeal is decided.
     
  17. ivydlsk

    ivydlsk Well-Known Member

    I believe I read where they are supposed to rule on this in September.
     
  18. Dumb Bob

    Dumb Bob Well-Known Member

    What do you think that "in writing means"? If I sent you a letter that claimed you owed me a billion bucks, would you be all that impressed? You would not, so why would you care if someone who said he was a CA said you owned anything?
     
  19. greg1045

    greg1045 Well-Known Member

     
  20. Hedwig

    Hedwig Well-Known Member

    Do you have the bill number?
     

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