Newbie needs some help

Discussion in 'Credit Talk' started by dingo8who, Jul 19, 2005.

  1. dingo8who

    dingo8who New Member

    Okay, here goes:

    I had a visa credit card with a company called"Aspire." I ran up my $300 credit limit. I failed to make a payment and was charged a late fee of $29. Because I was already at my $300 limit, this late fee added to my account caused it to be overdrafted, I got billed another $29 fee ($60 for not paying a bill on time). When I was able to make the payment, the rep told me I had to at least pay the over drafted amount. I did, to pay this amount over the phone I was billed $12.95, which was added to my card, well as I only paid the over drafted amount, this $12.95 payment fee caused an overdraft fee of $29. So each time I made a payment it wasn't enough. When my balance reached $500 on a $300 credit card I called asked them to close my account so no other charges could be billed while I paid off the account. They told me they would, but fees would still be applied to the account (so it's pointlss in clsoing the account). Long story short with my $300 credit limit, I racked up a $1300 bill. I refused to pay, needless to say. It has now been forward to a collection agency (and attorney tha works for them, they say).
    I tried to originally do I guess the "right thing" I called them in response to a letter. I was told that I could close the account out with two payments of like $300 each, I setup the 2 payments, and was told I would get a letter in the mail confirming the amounts and date. I got no such letter, but the payments where taken. I was fine with it as long as it closed the account. Once the 2 payments where taken I get a call from them asking for more money, that they did not setup any such arrangments (though they are the ones that post dated the payments). When I told them that part, they said they could not find any proof, and the person that set it up no longer works for them. I told them I had alrady made an arrangment and was not altering it, as they wanted more money. I said fine, hung up, went to my bank, and put stop payment on the two payments (my bank is awesome). I get a call today, low and behold, they found out that the charges where reversed. Now they want all of the money (the two payments made plus that extra they called about, hindsight). I said absolutly not. She said fine, and put her "manager" on the phone. He asked for the money, I said no. He said they will forward it to their attorney and put a lien on any property I own.

    So: what do I do? I've A LOT of the posts, and seems like I need to send a "validation" letter, is this correct, and do I send it to the credit card company, the collection agency, or where. Or what can I go on that they broken the agreement (though they managed to never send me the proof that they promised, but I have the bank statements showing the two withdrawls)? Please Help, anything would be great at this point!
     
  2. Trade4Livn

    Trade4Livn Well-Known Member

    I have heard Aspire practice this tactic before...and the person that it happened to did just as you did and was promptly sued and the cc company won a judgement, and subsequently froze the individual's checking and savings accounts to satisfy judgement.

    I probably will be disagreed with here and I dont mean to sound negative....BUT...this is OBVIOUSLY your bill...seems you had some money management problems and are learning the hard way that maybe you shouldnt be owning credit cards unless you can responsibly handle your payments. I do not see why validation is necessary..you obviously have all the details and statements...so you rightly know what the balance is, that it's yours and what you owe. Let's try to keep validation for legitimate concerns. Work out a payment plan to satisfy your debt and move on.....as for the tactic that the cc company used....its lowdown...but I dont see that you have a defense. You may claim that they offered you a "deal"...but what it looks like to anyone without that deal in writing was that you were making payment on the debt that you owed.
     
  3. zantra

    zantra Member

    There are 2 sides to this story. On the one hand, as was stated, this is obviously your bill and that part can't be disputed. Disputing is for collection agencies who have had the bill sold to them. Your best bet (IMHO) is to make a settlement offer- do so via mail, CRRR. Or if you want, call first to make arrangements then send the letter. But either way, you're going to have to pay this.

    On the other hand, Apsire is scummy. I had a provdian card which was sold to them and I experienced the same thing.. exhorbinant charges, the worst customer service, inflexibility, and overall leaving a bad taste in my mouth.
     
  4. Trilivonel

    Trilivonel Well-Known Member

    Wow! I'm really glad I didn't activate my new card with Aspire. They really sound shady.

    I agree with the other postees. Next time get your payment agreement in writing. Verbal agreements are almost never valid over the phone because even if they record the conversation, they can "claim" that it doesn't exist. Try to settle because CAs really don't like going to court over small amounts because it costs them more sometimes in court and attorney fees than to collect the judgment.
     

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