Collection Agency

[hardhead]

What is the name of your state? Arizona
Was called by xyz agency on 03/07/2008. Told me i owed $xxxxx.xx to a credit card. I do have the credit card. My debts are currently being paid by a debt management company. This card is on the payment plan and two payments have been made. The third payment is scheduled in a few days. The collection agency was not satisfied with the payment amount and wanted more money. Apparently the credit card company has not responded to the debt management proposal. The two companies exchanged phone calls and faxes. Received a second call. The proposed payment was not acceptable. The agency threatened to send a letter to the county where I reside if I did not start payments that day. I asked if I could increase the payment to the agency via debt management. The response was no. Stupidly I gave the collection agency my bank routing and account #. Agreed to $XX.XX on 3/31 with a larger amount in the following months. I have not received any documentation from the collection agency. Today 03/10 called the collection agency and asked for the address. I wanted to send a validation/cease/desist letter. They refused to provide an address and claimed that by making payments and agreeing to make payments I validated the debt. Is his true? I have closed the bank account to prevent non approved withdrawals. I am willing to pay my bills but wish to be treated in a business manner. Where do I go from here?

[Ladynred]

The agency threatened to send a letter to the county where I reside if I did not start payments that day.

A letter to your county TO DO WHAT ?? That's just a pot of hogwash !!

Stupidly I gave the collection agency my bank routing and account #.

Yup, it was stupid. NEVER give a collection agency, or anyone for that matter, your banking info !! You caved to their ILLEGAL THREATS !!

Agreed to $XX.XX on 3/31 with a larger amount in the following months. I have not received any documentation from the collection agency.

And you probably won't either, and you'd better watch your bank account because I wouldn't be surprised if that money comes out of your account WAY before 3/31 - and it could be more than you supposedly 'agreed' to. If it's not in WRITING, it never happened and they WILL play dumb !

I wanted to send a validation/cease/desist letter. They refused to provide an address and claimed that by making payments and agreeing to make payments I validated the debt. Is his true?

No, it's not true, that's just BS. BY LAW, if you ask for their addressed they are required to give it ! The only way to validate a debt is by THEM going back to the original creditor for proof. Although you did shoot yourself in the foot by agreeing to make payments. Your request for validation has to be in writing, though a verbal request IS considered legal.

Your very first mistake was going to the debt management company. You'll likely wind up in worse shape than when you started. NO creditor is obligated to work with these (mostly) scam companies, they can't and won't protect you from lawsuits, and they have ZERO leverage with a collection agency.

Where do you go from here ? Expect the CA to scream bloody murder and make threats of illegal actions because you closed that account. IF you want to pay them, open a new account in some other bank. Put ONLY the amount in it that they are supposed to get and no more. Make sure the bank will NOT pay overdrafts, or you'll be in hot water from that end too if they try any nasty tactics like trying to take more. Whatever you do, GET IT IN WRITING, or don't give them a dime. And don't cave to their stupid threats, read the FDCPA and learn your rights !

[hardhead]

Thanks for the response. There is a validation letter ready to mail but, how does one obtain an address for a agency which refuses to disclose it? I have zero documentation from this company. Using google search cannot find them on the internet. Have completed banking changes which removes the exposure of funds. They parent card company is accepting payments from the debt management company. I am willing to pay to debt collection company , but under somewhat better conditions. Thanks again

[JETX]

Originally Posted by Ladynred

A letter to your county TO DO WHAT ?? That's just a pot of hogwash !!

Ladynred.... welcome back!! And though you and I have had a few issues in the past, I respect your knowledge and willingness to help others. Look forward to your continued presence.

[Ladynred]

lol.. thanks JetX I've been exceedingly busy, and just haven't really had the time or the energy to spend a lot of time here.. or anywhere for that matter.

Hardhead -- if you'll tell us who this collection agency is, there are numerous sources to find an address. If you'd rather not post it publicly, PM me and we'll see what we can find.

[hardhead]

Thanks for the response. The name for the agency given me is: S & C Associates, NY. The telephone # is: 800 440-2295. The agents direct # is: 716 558-7212 x 112. Told the agent I had never received a letter from his agency. His response: "You were sent a letter". During 2007 I lived in multiple states (4) and many pieces of mail were not forwarded to me. Once again, thanks for the assistance. New Info.: The agency name may be: SV Associates, Flushing, NY.

[Ladynred]

Well.. here's some info on SC Associates out of Niagara Falls, NY. They're on Bud Hibbs' 'agencies to avoid list' .. no surprise there !

[url]http://www.budhibbs.com/debtcollectorpages/southern_capital.htm[/url]

The phone numbers jive with what you listed so I'm pretty sure it's the same bunch of bottom feeders.

[hardhead]

Thanks for the response. Paid for a phone # search yesterday. No results yet! A validation letter will go out today. Thanks again.