Still Receiving Bills

What is the name of your state? Texas

I have been receiving calls from a collection agency on two credit cards demanding payment in full. I have also received bills from the credit card company with the minimum amout due being only the last three payments that I have missed. Can I still send in a payment to this credit card? If I do, will it keep the collection agency from calling me anymore and keep them from sueing me? Also, can I send in only part of the minimum amount due? For example, Minimun Amount Due $500, can I send them $150.

I really learned alot from reading this forum. I held my own with them last night when they called. The person who called me was terminated after calling me a deadbeat. Thanks for all of the info.

[Ladynred]

If you're only 3 months behind, then your account is most likely still with the original creditor and it has only been temporarily assigned to a collection agency. If its 6 months or more, then its been charged-off and is with a 3rd party collector. If its still with the OC, then you most certainly CAN send in your payments to the OC and bypass the CA entirely. I've done this, and usually the CA goes away once the OC gets its money. The problem with sending them partial payments is that they can leave it with collections and they can still charge it off for non-payment or insufficient payment. If you can still deal with the OC, forget the CA.

[JETX]

"I have been receiving calls from a collection agency on two credit cards demanding payment in full. I have also received bills from the credit card company with the minimum amout due being only the last three payments that I have missed."
** Something is wrong here. A credit card company does not 'temporarily' assign collections to outside companies. They will try to collect using internal services until the debt is eventually 'written off', but not both. I would assume the confusion is that you are being contacted by the CREDITORS internal collectors (FDCPA does not apply) and also being billed by the creditor.... this would be normal.

"Can I still send in a payment to this credit card?"
** Even if my assumption (of internal collection is NOT true), you can still send your payment to the original creditor (the credit card issuer). If the account has in fact been turned over to a 3rd party, the card issuer will reject payment and return it to you.

"If I do, will it keep the collection agency from calling me anymore and keep them from sueing me?"
** As noted above, I doubt that you are being contacted by an outside collector. In any case, your partial payment may not be sufficient to 'stop the dogs'. The lender or his agent has the right to expect payment as you had promised.

"Also, can I send in only part of the minimum amount due? For example, Minimun Amount Due $500, can I send them $150."
** Absolutely, you can send them any amount you want.... but it may not stop them from continuing to pursue payment.

[Ladynred]

Halket, we seem to keep bumping heads here lately.. .

My statement about temporarily assigning a debt to a collector was based on my own experience with 2 different creditors.

I had a Wal-Mart account that was not even close to charge-off and I was contacted by Account Solutions Group demanding payment. ASG is NOT internal to Wal-Mart, you can look them up, they are independent. I was STILL receiving regular statements from Wal-Mart as well as the collection letters from ASG. ASG gave up, Wal-Mart continued to send statements..even after the charge-off had to have happened !! I don't get that either, but I could show you exact dates and statements to prove what I've just said.. its very weird.

The other, Household Bank (for Best Buy) did exactly the same thing. I was still getting statements AND I was getting letters from yet another fairly well known CA well before the account got to charge-off. Once again, I continued to get statements from HH for BB even AFTER the charge-off period had passed AND I was getting letters from the CA. Believe me, I know exactly when my last payment to both of these accounts was and I can count 180 days. Both companies continued to send me statements WELL after the proscribed charge-off bell had rung .. by as much as THREE months !

I don't disagree one bit that this is NOT normal and sounds very odd. If it weren't for the fact that I keep everything regarding my cc accounts for at least 3 years, I wouldn't have believed it either !!

So, my answer was based soley on the fact that, odd as it may sound, it apparently does happen. I don't know how or why, but I have the papers to prove it.

Since the poster is only 3 months late, the OC is in control and the FDCPA does not apply, as I stated.

Thanks for your help! I just received a call from my mortgage company and they said that CitiBank has requested info so that they can do a second Lein. I don't know exactally what this means. It is hard to believe that it can come to this....on $6000 after only 3 months. I did just check and made sure that it has only been 3 months and my husband made payments to them every month. He skipped May but doubled up in June...same with July...doubled up in August. December 16 will be 4 months. What is my next step? It is impossible to pay them what they want. When they tell me that I need to send the full amount and I tell them that I can't and that I will send $150 (all that I can) they tell me that is not good enough and they will send it off as a refusal to pay. I told them that I am not refusing to pay. They said that I am refusing to pay what they want so it is a refusal to pay. Please help.

[Ladynred]

If you absolutely cannot pay them what they want, just keep sending the the OC what you can, at least it shows that you are continuing to make an effort to pay, and NOT refusing to pay at all, despite what the collectors on the phone have to say. IF they take it as far as court, you will have your good faith efforts to pay to show to a judge. I wouldn't talk to the CA, stick to the OC if you must call them. You might try talking to the creditors and asking if you can be put in one of their hardship programs, at this point you should qualify. It can't hurt to ask.

I called the OC and they told me that they can't help me....once it goes to collections, I have to deal with collections.

My husband received a call at work today. He told my husband that he just received the info on our mortgage and he will have this in court by Monday. Is he just trying to scare us or could this be for real?

If we do go to court....what happens then?

[JETX]

Q1) "My husband received a call at work today. He told my husband that he just received the info on our mortgage and he will have this in court by Monday. Is he just trying to scare us or could this be for real?"
A1) In my opinion, he is lying to you with the intent to force you to react out of fear. If he calls again, ask him to send his 'threat' in writing (he won't, since his threat of action is a violation of the FDCPA... and illegal).

Q2) "If we do go to court....what happens then?"
A2) First, you won't go to court. 90+% of these lawsuit threats (especially as in this case... new debt, first contacts, etc.) are bogus. The fact is.... unless the debt collector OWNS the debt (unusuall.... and unlikely), he has no legal standing..... and cannot file any lawsuit against you. He is simply working as an agent of the creditor. And the owner of the debt is the only person that can take legal action against you.

So, since this debt collector has decided to 'play his game' (and we now know it is a 3rd party collector), it is time to raise the stakes on them. I would suggest you do the following:
1) Next time the debt collector contacts you, get his contact information (company name, address, phone, and callers name). Write them down (and let him know you are doing it). After you have noted the information, advise him that, in accordance with FDCPA, he is REQUIRED to provide validation of the debt to you within FIVE days of his first contact..... and that since he hasn't done so, you will be filing an online is instructed to not contact you further.
2) Send him a request for validation of the debt. Send this certified RRR. A good sample letter can be found at:
[url]http://www.creditinfocenter.com/forms/sampleletter9.shtml[/url]
3) While you are at it, include a 'cease and desist' letter with the above. A good sample can be found at:
[url]http://www.creditinfocenter.com/forms/sampleletter7.shtml[/url]

These actions should pretty much stop the 3rd party debt collector in his tracks for at least 30 days.... and the cease and desist will force him to stop contacting you altogether.

And finally, lucky for you, you live in Texas. Texas (to my detriment!) is debtor friendly. The state has some pretty broad exemptions... like your homestead and wages being exempt.

Oh my goodness...thank you for all of this info. I truely appreciate it. One question...I don't quite understand what you are saying here. Did you leave out a word or something?

"and that since he hasn't done so, you will be filing an online is instructed to not contact you further. "

[JETX]

"Did you leave out a word or something?"

Yep.... one of the problems of typing 85 wpm and only being able to think at 80!!

Should have said:
After you have noted the information, advise him that, in accordance with FDCPA, he is REQUIRED to provide validation of the debt to you within FIVE days of his first contact..... and that since he hasn't done so, you will be filing a complaint with the FTC.