Collection agency won't send confirmation.

[Singapoor]

What is the name of your state (only U.S. law)? New York

A settlement amount was negotiated at the end of October. Despite repeated requests, the CA has not sent confirmation of this. The person in charge of my file acknowledges that a certain amount has been agreed upon. I wait, no letter arrives, so I call. When I call, he tells me that he will put a letter into the mail that day. I am more than willing to pay this amount and clear things with this company and have expressed to them that payment would be immediate. I, however, am not willing to go further with things until receiving a written agreement from them. This is something I have expressed to them, so there is no ambiguity.

I would like to have money put into their account by January. What can I do now?

[cosine]

Originally Posted by Singapoor

What is the name of your state (only U.S. law)? New York

A settlement amount was negotiated at the end of October. Despite repeated requests, the CA has not sent confirmation of this. The person in charge of my file acknowledges that a certain amount has been agreed upon. I wait, no letter arrives, so I call. When I call, he tells me that he will put a letter into the mail that day. I am more than willing to pay this amount and clear things with this company and have expressed to them that payment would be immediate. I, however, am not willing to go further with things until receiving a written agreement from them. This is something I have expressed to them, so there is no ambiguity.

I would like to have money put into their account by January. What can I do now?

Make your requests to them in writing. That's what you expect of them, so you should do the same. Send them a letter telling them you are waiting for their "written confirmation" of a payment agreement. You should send it certified with return receipt. They would be wise to do the same thing when sending the confirmation to you so they have evidence you received that confirmation (though they do not have to do this). Once you get the written confirmation, and if everything is as agreed upon, make the first payment as agreed.

[debtcollector`]

Originally Posted by Singapoor

What is the name of your state (only U.S. law)? New York

A settlement amount was negotiated at the end of October. Despite repeated requests, the CA has not sent confirmation of this. The person in charge of my file acknowledges that a certain amount has been agreed upon. I wait, no letter arrives, so I call. When I call, he tells me that he will put a letter into the mail that day. I am more than willing to pay this amount and clear things with this company and have expressed to them that payment would be immediate. I, however, am not willing to go further with things until receiving a written agreement from them. This is something I have expressed to them, so there is no ambiguity.

I would like to have money put into their account by January. What can I do now?

Cosine's pointless noise aside - if you don't have a written settlement offer after more than one month of asking, you don't have a settlement.

You could try to call back and ask for a supervisor, but I think that the terms will have to be haggled.

DC

[cosine]

Originally Posted by debtcollector`

Cosine's pointless noise aside - if you don't have a written settlement offer after more than one month of asking, you don't have a settlement.

You could try to call back and ask for a supervisor, but I think that the terms will have to be haggled.

DC

I'm wondering if your personal attitude problems will change once you get out of an environment where the job is all about harassing people, a job that it seems you are well suited for.

I'm wondering if maybe, once you work in a newspaper environment for a while, things will change and you will cease, or at least reduce, your propensity to make personal attacks.

[debtcollector`]

Originally Posted by cosine

I'm wondering if your personal attitude problems will change once you get out of an environment where the job is all about harassing people, a job that it seems you are well suited for.

I'm wondering if maybe, once you work in a newspaper environment for a while, things will change and you will cease, or at least reduce, your propensity to make personal attacks.

In my previous posting I made no personal attacks. I addressed the pointlessness of your inane dribble, numbnuts <-- now that was a personal attack, but solely for demonstration purposes since you need help understanding the difference between an attack on your advice and your person.

Now run along home, your village is looking for you.

DC

[cosine]

Originally Posted by debtcollector`

In my previous posting I made no personal attacks. I addressed the pointlessness of your inane dribble, numbnuts <-- now that was a personal attack, but solely for demonstration purposes since you need help understanding the difference between an attack on your advice and your person.

Now run along home, your village is looking for you.

DC

You have made numerous personal attacks against me and several other people over the years. When you make a claim that someone is wrong and fail to specify what you think is wrong, then it is a claim against them personally. Demonstrations don't help you. This has been you MO ever since I joined here and saw you operate.

Perhaps you do it this way, failing to point at specific things you think are wrong, because you know that your claim can be defended against. I suspect you make personal attacks not so much because of any errors, but just because you don't like what people say, or because they are more helpful than you in presenting things in an understandable way.

[Singapoor]

Originally Posted by cosine

Make your requests to them in writing. That's what you expect of them, so you should do the same. Send them a letter telling them you are waiting for their "written confirmation" of a payment agreement. You should send it certified with return receipt. They would be wise to do the same thing when sending the confirmation to you so they have evidence you received that confirmation (though they do not have to do this). Once you get the written confirmation, and if everything is as agreed upon, make the first payment as agreed.

Thanks Cosine, and DC - I appreciate your replies. I had previously posted the full details of this situation but got no responses (probably because it was pretty long post... I didn't want to leave anything out). I thought of doing just that - certified mail. However, I am currently living abroad and have been off and on since 2006 (have not been back to the states in over a year).

I figured international post would make things tricky. I'm an AZ resident, but my mail goes to my mom's home in NYC. I would also trust the confirmation to go to her place. The debt is a NY debt, but I've not lived there since 2004. Quite frankly, I feel that they are out of their jurisdiction to even come after me for it, but still, it is my debt and I would like to (instead of pointing this jurisdiction thing out) try to handle it.

I spoke to the guy in charge of my file guy as recently as two days ago, so the settlement agreement (as far as he's verified on the phone) still stands at the same amount - just there's never been anything written. With this additional information, would sending a certified letter be the same/only course of action you all would suggest?

[cosine]

Originally Posted by Singapoor

I spoke to the guy in charge of my file guy as recently as two days ago, so the settlement agreement (as far as he's verified on the phone) still stands at the same amount - just there's never been anything written. With this additional information, would sending a certified letter be the same/only course of action you all would suggest?

My suggestion to write still stands. If you spoke just a couple days ago, maybe you can wait just a few more days to see if the guy you spoke with can actually fulfill. But if the settlement agreement does not arrive soon, follow through with sending a certified letter insisting on them sending in writing the agreement terms they are agreeing to.

I'll also add that I would not feel safe sending a check to these guys. I'd be paying them with a bank check, even though that means extra cost each month.

[debtcollector`]

Originally Posted by Singapoor

Thanks Cosine, and DC - I appreciate your replies. I had previously posted the full details of this situation but got no responses (probably because it was pretty long post... I didn't want to leave anything out). I thought of doing just that - certified mail. However, I am currently living abroad and have been off and on since 2006 (have not been back to the states in over a year).

I figured international post would make things tricky. I'm an AZ resident, but my mail goes to my mom's home in NYC. I would also trust the confirmation to go to her place. The debt is a NY debt, but I've not lived there since 2004. Quite frankly, I feel that they are out of their jurisdiction to even come after me for it, but still, it is my debt and I would like to (instead of pointing this jurisdiction thing out) try to handle it.

I spoke to the guy in charge of my file guy as recently as two days ago, so the settlement agreement (as far as he's verified on the phone) still stands at the same amount - just there's never been anything written. With this additional information, would sending a certified letter be the same/only course of action you all would suggest?

Actually that changes everything.

You are not a NY or AZ resident, you are a resident of the country in which you live. If you are military, your home of record may be AZ, but that is a different thing entirely.

You are not going to get a settlement offer sent to you abroad and I highly doubt you would get one faxed to you. If you talk to a supervisor, ask him to email it to you and tell him you'll stay on the line to pay as soon as it is received. Money talks.

With the added info, cosine's advice is even less useful -- as surprising as that is. 1. You aren't in the US so USPS is out. 2. Settlements made over the phone usually have a life span of hours, not days. If you are still waiting, you don't have a settlement. 3. From what you have said about the situation, the only way you are going to get a settlement over the phone is with a check over the phone or a credit card.

As I recall your previous posting, weren't you sued? Or an I thinking of someone else? Of course, if you have been sued, none of this applies and you are going to either have to get an attorney or suffer judgment.

DC

[seniorjudge]

As of 30 December 2008, I will be a former professional debt collector. My wife and I bought a newspaper -- yes, I will collect on all of our past due accounts

DC ... Need a lawyer?

Poster: As DC correctly pointed out, money talks. A "settlement" is NOT a "promise to pay." A settlement is (to the creditor): "I have $X in this bank [name it] ... How can I get it to you within the next hour?"

[Singapoor]

Originally Posted by debtcollector`

Actually that changes everything.

You are not a NY or AZ resident, you are a resident of the country in which you live. If you are military, your home of record may be AZ, but that is a different thing entirely.

You are not going to get a settlement offer sent to you abroad and I highly doubt you would get one faxed to you. If you talk to a supervisor, ask him to email it to you and tell him you'll stay on the line to pay as soon as it is received. Money talks.

With the added info, cosine's advice is even less useful -- as surprising as that is. 1. You aren't in the US so USPS is out. 2. Settlements made over the phone usually have a life span of hours, not days. If you are still waiting, you don't have a settlement. 3. From what you have said about the situation, the only way you are going to get a settlement over the phone is with a check over the phone or a credit card.

As I recall your previous posting, weren't you sued? Or an I thinking of someone else? Of course, if you have been sued, none of this applies and you are going to either have to get an attorney or suffer judgment.

DC

Would a fax stand up though as proper confirmation?

No, I've not been sued. I've been served a subpoena (well, my mom's door has been served a subpoena). This debt is a few years old and it is not the first time that trying to settle with them has led to waiting for confirmation. Waiting waiting waiting. In the past though, I just let it slide. Now, I'd rather just get it dealt with considering the money put towards a ticket to NY would be better spent paying these guys off.

That's in in a nutshell. There's more, but I don't want this to turn into a lengthy post like the initial one I wrote about the situation.

Would the residency thing be something I could use as a way to postpone the court date so that I could have more time to deal with this properly? I can have the US Embassy confirm that I've been in Asia for ages (since I'm registered with them and have been since I arrived). What do you think cosine?

My mom has only JUST put the subpoena in the mail this week (she's not super reliable.. not that I am in a place to be judgmental, owing a debt and all)... The point is, I've not physically seen the subpoena and have no idea what the details are except for the date. I would have called the courthouse already to go over my options had I any data to use when making the call. *sigh*. Anyway, weeks have already passed, and again, it is my utmost intention to get these people paid, I'm just soooooooo hesitant to trust them with the tactics they've used on me through the years.

Thanks again for all of your advice.

[seniorjudge]

No, I've not been sued. I've been served a subpoena (well, my mom's door has been served a subpoena).

Yes, you have been sued.

And it was not a subpoena; it was a SUMMONS.

Big, big, huge difference.

[Singapoor]

Originally Posted by seniorjudge

No, I've not been sued. I've been served a subpoena (well, my mom's door has been served a subpoena).

Yes, you have been sued.

And it was not a subpoena; it was a SUMMONS.

Big, big, huge difference.

Hmm, shows how much I know. Really, I'm super ignorant about all of this. So now what I'm aware I've been sued, should I go about payment differently? I mean, should I make an effort to just pay it directly through the court system? Is that the system after one has been sued?

[Antigone*of*Greece]

Originally Posted by seniorjudge

No, I've not been sued. I've been served a subpoena (well, my mom's door has been served a subpoena).

Yes, you have been sued.

And it was not a subpoena; it was a SUMMONS.

Big, big, huge difference.

Sorry about the hijack, but SJ, I do have to tell you that I miss Your BF signature

[Chien]

Sorry about the developments OP. Ironic. I was about to predict this, if you followed cosine’s advice. You posted #7 while I was composing and I dropped it.

No, you don’t pay the court. You haven’t even made a formal appearance. The court won’t know what’s going on and this will move to judgment.

Contact the attorney as soon as you get the Summons. Now he/she is pulling the oars and doing the work and may be disposed to actually give settlement documents to you, if you can reach an agreement.

If you do, the paperwork is going to be different from what you waited for from the CA, and the price may have gone up because they incurred new costs. Try anyway; you want to avoid a judgment. If you have question about what you need in settlement documents, post back (and this time rely on experience).

Also, address DC’s implied question about the military. If you’re in the service, it changes the equation again.