Talked to Ca today, offered them a grand to settle. I am now in their legal dept. so I have to deal with that, atleast the guy isn't yelling at me, but I really doubt his sincerity. I told him I would pay $1000 on or before the 15th of May via a m/o. He says OC will only settle for $1241. He will let me have extra time to pay that. However, I have to overnite him 2 postdated checks. I told him I don't want them to have my acct. info, I don't trust them. Does that make sense? They will not send me a settlement agreement until I send in these checks. He will fax me a presettlement agreement. He said he doesn't want me walking with a settlement and not pay. Hello, you would still have power to sue me if I didn't pay!! I do not want to send in postdated checks, I would rather pay via m/o. Does any of this sound like bs to you? Also, if they don't own the debt, how can they sue me? They can only recommend to OC to take legal action. So far they have not reported to CB's and the guy said he wouldn't. I have until 5 pm to fax him for a presettlement agreement. If he records me saying I give authorization to take the money out of the acct. on a certain date, would it be illegal for them to do so earlier? I really don't trust this company!!
Why are you dealing with them over the phone?? Send a CRRR letter restating your conversation, and that you will not give post-dated checks, only money orders. Do not give people your reasons for not doing something - you are only handing them ammunition to use against you. It's considered an "objection" and they will try to "opvercome" it. Just say "no, I never do that." When they counter with some reason, answer "I understand, but I never do that." Just keep repeating yourself until they get it. If you say "I don't do that because you might deposit them early." They will, of course, assure you that they do not deposit them early. They cannot be trusted. Not only will theydeposit them early, they have been know to clean out the account, or set up a regular draft, claiming you authorized it. In this situation, you want a couple of things in exchange for you payment - get them to agree that the account is paid in full, that they will not report (I assume the OC is reporting), and that they will not sell the unpaid balance. Remember, you have what they want - the money. Hold out for the terms you want, but don't get beligerant or pi$$ them off - they can always sue you and get it all.
never ever give them your checking account information. Check out some of the other posters situations with CA and their bank account information. Get everything in writing, stop the phone conversations. I just had a rep from RMA call and I said the next time I receive a call from them, it will be a lawsuit, validate via letter and stay off of my phone. I believe she was trying to record the conversation because the questions was leading. I stopped her cold by telling her to beat it.
the guy called me at 8:30 am, thought they weren't suppose to call till after 9:00 am? i was on my way to taking the kids to school, woke up late, great way to start the day, ya know? i want to get this matter settled, i 'owe' the money only because we signed a lease agreement saying that if we broke it, we would pay the equivalent of 2 mos. rent, which is not rent, but a lease breaking fee. sent validation letter out, they validated with a copy of our lease agreement where we signed and initialed the lease breaking clause. i called back because i want a settlement in writing from them, that they will not report to cra's and that this will be paid if full. so i guess the guy basically is saying that if i don't do it their way, they won't play my way. i will have the money on may 15th to pay in full, and i would think that a fricking m/o will have to be good enough. thank you all for your responses. just thought, should i fax him my settlement terms? i will pay XX on or before may 21 via a postal m/o in return this debt will be considered paid in full and not reported to the CRA's?
I make it a rule never to really call a CA but sometimes you have to, to kinda expedite your case. I do not wish to ever discuss payments, post dated checks "Which BTW they must follow per the FDCPA, some state laws out right ban it", or settlement agreements. I had one who was adamant about proposing an agreement to delete and to settle at a nice price, she wouldn't issue it to me in writing and she said basically "You have our word".....Yeah right!!! I then said......I am recording this phone conversation right now, do you agree to being tape recorded and getting our agreement spelled out on record? She said "No" and hung up! BTW.....This was a CA called Marlin who I ended up suing and they paid me...Guess they should have taken my offer, I'm glad they didin't! LOL!! Tac
it just occurred to me, they aren't suppose to ask for post dated checks either, are they? and for me to spend $15 overniting them, that gets me.
PER THE FDCPA... § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. Your own state laws may vary on this, so it is a good point to check them. In my state of PA, receiving a post dated check is illegal. Tac
they are in MD and i am in VA. had to go take a cig break and calm down. i feel like saying screw it all, but of course i won't. i have decided not to send in any checks. unless i give them my old checking acct. # that has about .31 in it.
they call me up again today, 8:10 am and tell me that i am playing games cause my husband didn't leave a fax # when he faxed the request over yesterday. and threatened not to deal with me anymore. these guys are sure pissing me off. maybe it should go back to the OC.
By notasaint..... "they call me up again today, 8:10 am and tell me that i am playing games cause my husband didn't leave a fax # when he faxed the request over yesterday. and threatened not to deal with me anymore. these guys are sure pissing me off. maybe it should go back to the OC." They don't want to deal with you anymore?? Thats good!! Another question is this....Did they mark the account in dispute by you on your credit reports yet?? If not, send a validation and dispute letter to them immediately, CRRR. Dispute it with the CRA's. Now sit back and wait for your violations! Tac
I validated with them already (the ca), they sent me a copy of rental lease. We faxed a request that they submit a presettlement letter to us. This sounds like more bs, a "presettlement" agreement. All I want is to cover my butt. I will have the money, but I want a written guarantee that this will not reflect on our credit reports. Is that so hard for them to understand? And this other bs with me giving them my bank acct. # and that I would have to overnite them 2 postdated checks. They are trying to pressure me, and while I am a little afraid, after awhile it hits me that I don't have to play their game. If it went back to the OC, I'm sure they would present it to their lawyer for small claims and I would probably have to pay the whole $1500. I called Experian and they aren't showing any collections. So far, so good. Now, how can I get what I want??? Which is a settlement letter guaranteeing no cb reporting and the paid in full?
AND THE SAGA CONTINUES...... a-hole #3 calls me and tells me our fax # isn't receiving. well, whatever. i don't believe it. i don't believe a word out of there mouths. so, the guy tells me i have to give him my checking acct. info, money due june 15th, i said, no i will send a m/o on or before may 15th, in starts the belligerance and hysteria. he told me that the reduced offer will not be good if i don't do this. ok, well 2 weeks ago it was what i was offered. i ask why he wouldn't want a paid and cleared m/o, well, cause they don't know if i will actually pay it. so he pressured me, told me i had to decide in 5 seconds and if i didn't we would have to pay more money. is this extortion or what? i'm not going to answer my freaking cell phone anymore. i am trying to pay the 'bill', hello!! why this intimidation route? what should i do next, anyone have any ideas?
I am not an expert in any sense of the word, but I would advise this person that a cashier check will be issued along with a letter outlining the agreed upon amount. If they continue to harass you, I would contact a lawyer and document the entire course of your interactions with them. If you can go over the dates and times of conversation and read over the next bozo who calls the content of the conversation along with the implied threat that a little letter to the BBB and AG will be forthcoming along with a nice little harassment suit. Also advise them a copy of the cashier check and the letter will be sent to the Original creditor which will hold them accountable for the actions of this CA. They are breaking so many rules FDCPA that you are assured the amount of the settlement money along with some extra money. I like to intimate that if they continue that the money you are sending them will be nothing in comparison to what you will seek in harassment damages. Also, advise them that any further contact need to be conducted via mail/fax. This is a demand and not an option.
Or, you might just say, "OK, I am going to start recording this call now. Would you please repeat what you just said? My attorney advises me to have a record of all conversations concerning debt." All of a sudden their whole tone will change.
thanks for your advice. i swear, i get so worked up about this, then i calm down when someone else gives me a different perspective. wonder what tomorrow will bring....
