Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-27-2008, 04:44 PM
Junior Member
 
Join Date: May 2008
Posts: 6

Debt collection


What is the name of your state?Idaho. In an attempt to get my financial afairs in order, I recently wrote a letter of settlement to a collection co. I owed $1600.00 on a medical bill, in the letter I offered to settle for $1000.00 total. In my request I added that I would be making 2-$500.00 payments the first payment being made at the acceptance of the aggreement, With the final payment ($500.00) to be made on a specific date (14 days later). In addition to the payment arangement the collection co. agreed to report the account paid in full to the 3 credit bureau's.
The aggrement was excepted and signed by the manager and a signed copy returned to me, at which time I made the first Installment. 14 days later as promised I went to the collection co. office to make the second and final payment. I was then greeted with hostility and anger citing that they could not except my payment as payment in full, and that they could no longer accept the agreement that that they accepted and signed just 14 days prior. In addition they would not even take my payment of $500.00.
Can they do this? Outside of law suit what are my options? As per my research I dont beleive I've done any more then a credit counselor would have done, I've just eliminated the middle man. What are my rights? Thanks for your help
  #2  
Old 05-27-2008, 05:01 PM
Senior Member
 
Join Date: Nov 2005
Location: New Vertiform City
Posts: 5,138
You have not paid in full.

You have settled.

A credit counselor would not get you paid in full.

If you want paid in full pay 1600.

If you want to save 600 bucks you get a settled account.

You should not be conducting such matters over the phone, only by mail.

Perhaps you should consult with a lawyer.
__________________
I've often thought of becoming a golf club.
  #3  
Old 05-27-2008, 05:41 PM
Junior Member
 
Join Date: May 2008
Posts: 6

debt collection


Thanks for your response. Let me clarify. first of all I have done nothing "on the phone". All has been done either in person or by mail. It doesnt matter to me what they want to call it settled Vs paid in full. They agreed in writing to show paid in full to the credit reporting agencys. But the question still stands. How can they dishonor there signed agreement?
  #4  
Old 05-28-2008, 09:27 AM
Senior Member
 
Join Date: Nov 2005
Location: New Vertiform City
Posts: 5,138
Quote:
Originally Posted by Stegal View Post
How can they dishonor there signed agreement?
Easy. They have.

Now sue for your damages.
__________________
I've often thought of becoming a golf club.
  #5  
Old 05-28-2008, 10:22 AM
Member
 
Join Date: Jan 2008
Posts: 340
Realistically, suing for damages is not an option. First, it is unclear to me whether or not you have a cause of action upon which any such relief could be granted. Second, the collection agency, it seems to me, would have defenses. You are in the same boat as you would have been j\had to you not made the deal that they subsequently (according to you) repudiated. I would pay it off as quickly as you can which hopefully will be prior to their being able to secure a judgment. If they do file suit, but you are paying it off; it is likely the Judge will compel them to take reasonable payments over time.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:45 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.