Greetings all, While doing some research after my first bad experience with a CA I happened to stumble upon this board and was hoping if anybody could help me with a few questions. I've posted my situation on a a couple of other credit related sites and any insight would be tremendously appreciated. Late last year while enrolled in a university outside my home state I acrued a large debt with Cingular Wireless, particularly for cell phone roaming charges. The charges were just over $2300. I acrued such a large bill because of a death in the family, the circumstances of which I won't go into here. Now I fully accepted responsibility for this debt and was willing to pay Cingular in any way I could but as a college student who pays his own way and works odd jobs to get by, it would take some time. I called Cingular who put me in contact with their "Financial Office" who told me I had to pay the full amount in 30 days or they would send the bill to a collection agency. I offered to pay them fully in installments and they actually told me they don't accept installment payments. I couldn't believe it. Needless to say I wasn't able to pay $2300 all at once and the debt was sent to NCO Financial. Last week I spoke to a couple of these agents and all i can say is I was completely shocked at the treatment and outright verbal abuse I recieved. It was unbelievable. First they asked for a check number and that they were willing to settle the account for $1900. I said I didn't have my checkbook with me which was true so they put me on hold and that's when a new person came on the line. This next person then proceeded to accuse me of "playing games" with them, being stupid, irresponsible and said he couldn't understand why I couldn't pay. He pointed out that I had about $400 credit left on my credit card (I only have one) and that I could use that right away and "we could get started to fix this." I now have to admit that it is with utmost shame and and regret that I caved in and let him authorize the payment. He said they would call again in about 2 weeks to "set up a plan." One week later I still can't stop thinking about this incident. My credit card is now completely maxed out to the very last cent by these people and I am literally skipping meals to stay in school and make ends meet. I have never felt so demoralized in my entire life. Now on one hand I do want to settle this account but on the other hand I don't want to be taken advantaged of any more, either financially or emotionally. Now the questions I have are these: 1. Should I start asking that a written record of each and every payment subsequent to the first be sent to me until the debt is paid? 2. To what what degree can I negotiate with these foul people? 3. Should I seriously start recording every conversation i have with them?
First and most important: Send them a cease-comm letter. You should NEVER deal with a 3rd-party collection agency. Send them a cease-comm letter certified with return receipt. That will force them to turn the account back over to the cellphone company. Then the cell company will either A. Set up terms with you -OR- B. Send it to another collection agency. If they let you know that it'll be sent to another CA, make it clear to them that you will deal ONLY with them on this matter and not a 3rd party collector.
Thanks you so much for the prompt advice. I'll take it under advisement. A couple of questions though: 1: If I do decide to send them a cease-comm order what of the $400 that has already been paid? Will this be credited towards the debt? and 2: Should I also demand proof of this payment in writing? Once again thanks to everyone and anyone who has been willing to assess my situation. Considering my immediate environment, a college campus, there is unfortuantely a dearth of people who can relate to my situation. As a student this is the first time I've ever been in this situation and it's reassuring to know that there are those who can understand and are willing to help.
Ok I'm a bit confused now, but any insight is still appreciated. Are there other options for me to consider? -once again thanks
I'm sorry, but this is just FLAT OUT BAD ADVICE. Butch why didn't you elaborate? Here is what the FDCPA says about cease communication letters - (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy 1. Means they are probably sending it back to the OC (in this case Cingular). 2. They MAY sue you. 3. They INTEND to sue you. That's their only 3 choices once you send them a cease communication letter! To the OP - you need to send what is called a dispute/validation letter. In that letter, you will dispute the amount, ask for strict proof thereof, and you tell them to not contact you by any other means other than the mail. Do not, under any uncertain terms, give them your checking account info! Not now, not ever. NCO is nasty! I would call your cc company and talk to them...I wouldn't put it past them to attempt to run some more of it thru your card, if you clear any of the balance.
Re: Re: College student needs advice Had no time Jodi, and didn't want OP to get in trouble. Besides I knew you'd be along soon. ~ .
1: If I do decide to send them a cease-comm prufrok ================ 1*It could cause them to sue you. A-50-C
1*First and most important: Send them a cease-comm letter. 2* That will force them to turn the account back over to the cellphone company. Struggler ================== 1*Espically if you don't mind getting sued. 2*0r just simply sue you. Also if the CA purchased the account it can't revert back to the OC ! A-50-C