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Old 03-25-2005, 04:20 PM
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Join Date: Mar 2005
Posts: 4

collector claims says that my payment offer is considered refusal to pay


What is the name of your state?What is the name of your state? NJ

Today I tried to work out a payment agreement w- the collection agency for Chase. I said that I was willing to make voluntary payments on the account. They said that if I could not agree to the payment schedule they proposed over the next 6 months (2000 dollars now, 500 per month for the next 6 months) then they consider it as me refusing to pay, and seek involuntary payment methods thorugh a lawyer. Is there a law that states a minimum percentage must be paid on the overall balance by a certain time? My Q is...if I am volunteering to make a smaller payment over a longer time period, how can they claim that I am refusing to pay alltogether? That seems illegal to me, as I am calling them and volunteering to pay something towards this debt. It is a large debt amount. I think I will write a letter to them today. Any suggestions or advice? They are just so uncooperative and unwilling to work out payment arrangements unless they are huge payments-settlements. Is this legal? Thank you.
  #2  
Old 03-25-2005, 06:25 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
Is there a law that states a minimum percentage must be paid on the overall balance by a certain time?
Nope.

Quote:
..if I am volunteering to make a smaller payment over a longer time period, how can they claim that I am refusing to pay alltogether?
Its garbage. Standard answer from ANY collector if you don't give over the full amount Immediately and on their terms. Its a piss-off point for them, most people will get pissed and say 'I'm not refusing to pay !!!'. They're pushing your buttons - ignore it, its crap.

They can't do anything 'involuntary' to collect unless and until they serve you with a lawsuit and then win a judgment against you. Then and ONLY then can they do anything to force you to pay 'involuntarily'.

Quote:
They are just so uncooperative and unwilling to work out payment arrangements unless they are huge payments-settlements. Is this legal?
Unfortunately, yes. Collection agencies want to turn over a debt as fast as possible - make their profits and move on to their next victim. They will ALWAYS insist on ridiculous payments in ridiculous time frames to create a sense of urgency and to make their 'kill' and run.

Never try to negotiate with these dirtballs over the phone -its a waste of your time and energy and not worth blowing your blood pressure over their nonsense. If you want to negotiate a settlement or payment plan, put it in writing and send it to them - certified, RRR so you have proof they got it.
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