Throughly Confused

[Debt]

What is the name of your state?

Massachusetts:

I was originally contacted by an attorney representing a credit card company that I had a credit card with in February 2002.

I was again contacted by the same attorney through a court filed "statement of damages" that required a written response in March 2002.

I called the attorney three days after receiving the notice to try and set up an agreement and we agreed on $40.00 per week verbally over the phone. At this time I asked about the attoney fee and he said that my contract (credit card application) allows for this charge within reason and that it would not be waived.

I then responded to this notice in writing in April 2002 acknowledging the credit card debt of just over $6000 but questioning an additional charge of $133 and the attorney fees. I asked that both be waived since I had not negelected the account without reason - My mother passed away in January 2002 and because she had no insurance I had to help pay for her funeral cost ($5,000) and wasn't able to make a payment since November 2001.

I got a letter back from the attorney in early May 2002 responding to my response stating that the credit card company denied my request to waive both the attoney fee and the additional fee and asked if I was prepared to enter into jugdement. if not they would pursue court.

I wrote a response to this letter in late May 2002 basically stating that I could live with the additional charge of $133 but wanted an itemization of the cost incurred by the attorney adding up to the $1,200 and a total cost of payout with payments from me of $40 a week

I get a response for the attorney today with the itemization. The the total number of hours spent on my case = 2.8 with a charge of $700 plus an additional $133 for summonses (there was only one through) and complaints. With this itemization they were "willing" to only charge me $900 instead of the $1,200 previously listed. He also sent me a Agreement for Judgement form with this letter with the a new amount owed listed (approximately $6331 minus the new $900 charge for the attorney)

The thing is that the agreement has a different creditor listed then the one I originally opened my account with so now I'm starting to think that maybe the account has been sold. The attorney refers to the original creditor in the letter that came with the Agreement for Judgement but not in the agreement (that they want me to sign) itself

Does it sound like they are trying to pull a fast one or could they have just forgot to put the correct agency in the agreement?

If it is a different creditor now and they never stated that not even in the letter where a different company is listed do I have any right around this specially dimissing the attorney fee?

They also did not put in anything in the agreement about our agreed upon payments of $40/week should this be cause for concern?

The amount of $900 for the attorney fee has been rounded up from my calculations of what they put in the letter and adds up to $233 per hour for the services - I've check my local bar association to see if I could get info on fees charged by attorney and although the material was prefaced with the words "most attorneys" the hourly charge for simular duties preformed by this attorney were not over $150 so I am concerned about this but at least they came down in cost.

The more I deal with this attorney the more I feel that I need to go to court but I'm scared because I hear that judges tend to rule in favor of the creditor.

ANY SUGGESTIONS / HELP WOULD BE GREATLY GREATLY APPRECIATED.

[Debt]

Ok is my message too long is that why no one is responding

[bigun]

Debt,

Since the account is a very recent chargeoff, I'd try and see if the orginal creditor would take it back from the collection lawyer. See if you can come to either a monthly payment agreement or, a settlement agreement.

If this doesn't work, send the lawyer a letter CRRR demanding that they validate the debt and demand an accounting. You have a right to know how these additional charges were calculated. The TOS in your card member agreement should address how collection feesare accessed. They ought to be able to furnish a copy of the agreement.

There a number of sample letters at [url]www.creditnet[/url] .com. Good luck. Hpoefully, somone else will have some better ideas.

[Debt]

With the civil notice-statment of damages, a copy of my application that I filled out with the original creditor was attached; Is that considered validation of debt?

The thing is that the attorney has led me to believe that they were working on behalf of the original creditor in conversations with him and in writing but with the last notice I got from them it list for me to enter into an agreement with a company I have never dealt with.

Are there any legal grounds for me to take or discuss with them around misleading about the status of the debit?

Thank you

[bigun]

Debt,

Looks to me like that got you in a box. A copy of the signed app plus, they'll have old statements and likely copies of checks is pretty good validation. And, there is nothing from preventing the orginal creditor from selling or, assigning your account. About all you can do is request the method they used to determine the total and, their authority to collect the debt.

I still believe it would be worth a phone call to contact the orginal creditor and see if they'll take back the account. Hopefully, one of the lawyers will jump in with a better idea.