I am late on coming to this forum but wold like advice if possible. I accrued a large amount of debt while in college and recenetly had collection actions placed against me by a debt collector named J.A Cambece Law Office. My original credit card was with a diffenent bank company, then a Collection Agency, and then J.A. Cambece law. the original amount was for over $10,000. After numerous calls I agreed to pay J.A. Cambece a certain amount a month because i didn't have enough to pay the full amount (In Jan 2008). They have been deducting the amount every month since. I would actually like to reduce that monthly payment to a smaller monthly amount if possible. They called me recently and want to settle for a little less than $6000 but I don't have the money now either. My concern is that I someday pay these guys off and that they will keep adding fees and more debt so that i will never really be able to pay it off. I also need something in writing from them stating that I will be free of the debt if I pay them in whole one day or if I keep paying at the same rate. I know I messed up by talking to them in the first place but I didn't want to get sued and have that on my record. My income is going up so I hope to gather the money to pay it off ASAP in the next two years. Questions: 1. what can i do now to protect myself against further collections if I pay them off. 2. Have I given up my rights by having agreed to pay over the phone via automatic withdrawals. 3. Do I have the right to ask them to lower my payments to something that my wife and I can afford right now? I appreciate everyones help and advice. I can't afford a lawyer right now. Also, I just edited this post after reading the "MUST-READ" posts about Trans Union watching this site. Maybe paranoid but rather be safe than sorry. I took out the $$ values and some other details.
# 3 - yes you do have the right. #s 1 & 2 - You should have NEVER allowed them to make ACH withdrawals by giving them your banking information over the phone. ASAP notify your bank not to honor future auto withdrawels by this company, instead send them checks.
Greg, Thanks, I will do that with my bank. I don't want to and never intended to default on my credit card but was faced with this or losing my property via a foreclosure. I have since improved my situation enough where I am starting to pay off my debt with this being my largest and most stressfull issue. I am SO grateful to have a good job right now during these times but need to work this out. Should I call JA Cambece and tell them to stop deducting from my account or just do it and then tell them. I have already planned this months withdrawal but would like to pay via check from now on. Also do you think I can get something in writing from them stating the terms of agreed payments so that there is a clear understanding? How would I do that? Respectfully MrClaw (trying to claw my way out of debt)
Yes you should contact JA Cambece and let them know that you notified your bank and instructed them NOT to honor any ACH withrawals by them, and that you will be making future payments by check or money order. First call them followed by a CMRRR letter. But make sure that your check payments get there on time.
Who was the original creditor? When did you first default on CC? When did you first get your dunning letter? Did you demand validation? What is on your credit reports? Are you in Massachusetts? When you say *original debt* do you mean your charge off or what they came up with on a letter to you? HOw much have you paid so far? Have you gotten any statements? You don't let them take funds out electronically do you? If you do you need to write them and tell them that that is going to stop. Send everything CRRR. Also it would be great for you to get another bank account and take your money out of this one and close it out.They will most likely always now take money from you and probably one day take out all you have if you have a larger sum in there. They gamble with the odds of you not getting a lawyer or knowing your rights. Being sued does not go on your record. Losing and getting a judgement does. First you need to get a credit report and find out when they did a charge off and what the tradeline reads. You want to make sure that it is a done deal and they cannot ever transfer sell trade yada yada. NO but this needs to STOP ASAP. 3. Do I have the right to ask them to lower my payments to something that my wife and I can afford right now? It would not be as costly hiring a lawyer as it has been to give money to these JDB's . ???? Never read that. Woofer
Hi Mr. Claw Most collection agencies (and in this case, collection law firms) are hired by their clients to, first and foremost, seek the full balance. If you prove beyond a reasonable doubt that you really, TRULY have no way to pay off your outstanding debt, the law firm MAY at its discretion enter into a payment arrangement with you, though this does not supersede the fact that the full balance is still due at all times. I'm seeing several people telling you things like "stop those bank withdrawals." This is actually the WORST thing you can do if your intention is to avoid litigation. If you pull this arrangement (and YES, you have the right to do so), then Cambece may just go right back to demanding the full balance. They don't have to work with you like they're doing. They work with you as a show of good faith, but it's expected to be reciprocal.... and when it's not, they lose their trust in you and if they no longer believe that you're working in good faith with them, they may just sue the account. As for getting a letter from them when your account is paid in full, they'll likely send it automatically, but it doesn't hurt to ask for one. Just tread lightly with this law firm. You wrote that you knew you "....messed up by talking to them in the first place" but you didn't mess up at all. You actually did the right thing and it's THIS showing of good faith on your part that has kept you out of litigation until now. Incidentally, next time they call you or you call them, listen for them to say that their calls are being recorded. They record all calls so that if this ever does go to court, anything you may have said in the past can be reviewed in court. So YES, you can alter your payment arrangement and remove your banking info, but I wouldn't advise it. For starters, it's 100% legal for them to do this if you authorize it. Secondly, it's better than sending paper checks because if the check gets lost or it bounces, they won't want to hear any excuses. Good luck.
