Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-21-2005, 12:47 PM
Junior Member
 
Join Date: Apr 2005
Posts: 2

credit card in collections


What is the name of your state?undefined

State if Ohio.

My question is I have a credit card debt that has been turned over to a collection agency and the amount from what I owed the credit card company is far less than the collection agency is saying. I have heard that once a credit card is turned over to a collection agency the late fees and over the limits fees cease. Is this true?
  #2  
Old 04-21-2005, 12:57 PM
Junior Member
 
Join Date: Mar 2005
Location: Jacksonville, FL
Posts: 18
Send a message via Yahoo to kyle_kyle_p

re:


my brother in law is going through the same thing. your debt may be lower, but because you allowed it to go so far and now to a collections agency, you have to pay their fees as well as what you owe on the cc.
__________________
Florida
Kyle Pitts
  #3  
Old 04-22-2005, 12:20 PM
Senior Member
 
Join Date: Jan 2005
Posts: 2,336
The rules are different in different situations.

Generally, the original credit will stop accruing interest and fees when the account is charged off. They are still entitled to the amounts under the terms of the cardholder agreement but the banking regulators frown on the continued accrued interest.

If the debt has been sold, then the new buyer probably does not care what the banking regulators think -- so they will go back and figure out everything they can load up on the balance. They will even cut corners to make the number as large as possible. Each state has a set of laws which govern interest and fees.

You have the right to request a breakdown of all the charges. Unfortunately, there is no way you can make them provide one.

If you are sued, then you can require a complete breakdown as a part of your discovery, assuming you take that path.

What is your goal at this point? Perhaps I can offer advice to help you reach that goal.
  #4  
Old 04-23-2005, 07:04 PM
Junior Member
 
Join Date: Apr 2005
Posts: 2

more info


what I am trying to do is to get the rate that I am do and not their added charges. At that point I will get with the lender and repay on a payment program. I am trying to get my credit back up to a good rating.




Quote:
Originally Posted by Debt Guy
The rules are different in different situations.

Generally, the original credit will stop accruing interest and fees when the account is charged off. They are still entitled to the amounts under the terms of the cardholder agreement but the banking regulators frown on the continued accrued interest.

If the debt has been sold, then the new buyer probably does not care what the banking regulators think -- so they will go back and figure out everything they can load up on the balance. They will even cut corners to make the number as large as possible. Each state has a set of laws which govern interest and fees.

You have the right to request a breakdown of all the charges. Unfortunately, there is no way you can make them provide one.

If you are sued, then you can require a complete breakdown as a part of your discovery, assuming you take that path.

What is your goal at this point? Perhaps I can offer advice to help you reach that goal.
  #5  
Old 04-23-2005, 09:14 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
what I am trying to do is to get the rate that I am do and not their added charges. At that point I will get with the lender and repay on a payment program.
The rate you are DUE ??? If you defaulted on the account, then you are DUE the default rate that is spelled out in your credit card agreement. Do NOT expect them to drop the rate back to pre-delinquency, ain't gonna happen, not once its in collections. If this has gone unpaid for 6 months or more, you can forget dealing with the original creditor too.. most will charge it off and then sell it to the first junk debt buyer in line.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #6  
Old 04-24-2005, 05:48 PM
Senior Member
 
Join Date: Jan 2005
Posts: 2,336
I agree with Ladynred. You are very unlikely to convince anyone to reinstate the account and allow you to go back to the original interest rate.

You need to deal with this somehow or the interest and fees will keep adding up.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:34 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.