Debt Collector Refuses Payment

[pikebro15]

What is the name of your state?NH
Could not pay bill to mall jeweler - debt went to collections. I currently owe $500 - it has been a couple years since I made last payment and I contacted current debt collector (law office in MN) - said I could set reocurring payment each month of $50 they refused and said I only had 2 options,
pay $100 per month or $300 and settle. Is this right? Can they just refuse my offer??? Also what would be the impact on my credit if I just paid the $300 (if I could even do that)? Please help - any advice would be appreciated.

[Tayla]

1.yes a collector can refuse any amount that doesnt satisfy the whole debt owed.
2. Any collection showing on a credit report will hinder and appear negatively .Best not to have the thing report at all ...
3: Refrain from anything other then written correspondence to negotiate payments, *IF*, indeed the debt is still active and they are a legitimate holder to said account in question. Are they registered to collect in your state? Not familiar with NH law so you may want to check your state site for whether a collector must be registered.
4: Request debt validation .

[pikebro15]

how would I determine if debt is still active? also - should I just come right out and request their offers in writing and ask if they're authorized to collect in NH?

[Tayla]

Originally Posted by pikebro15

how would I determine if debt is still active? also - should I just come right out and request their offers in writing and ask if they're authorized to collect in NH?

New Hampshire Statute of Limitations for Credit Accounts(OPen)/ Written Contracts and Promissory are each three years. So if this account went into default at least three years ago , it may be time barred from legally collecting. Check for last known payment made to this account.
Secondly, do as instructed. 1: Request a letter for validation.2: Stop being so dern eager to pay based on what THEY SAY. 3: You have the right to review all documents on this debt so you can make an INFORMED decision. 4: IF you want to pay, then at least bargain for a PAY for DELETE once the debt is settled. 5: And I did research NH. The collectors need not be bonded or licensed. 6: Again I shall Emphasiize: Correspond via writing only. !
Read up on debt collection and the rules they must abide by.

[pikebro15]

Thanks for all your prompt help with this. I had called my employer's EAP service didn't get anywhere - they said they couldn't help me. I will contact them and let them know they should send negotiations in writing. When you say bargain for a PAY for DELETE once the debt is settled - what does that mean. Also where did you get this info?
Thank you again and I hope you have a happy holiday!

[Tayla]

Thank you for the holiday wish.
Read your state site. Research the FDCPA. Research the FCRA. All this can be done by using a search engine.

[pikebro15]

Contacted agency today and spoke with collector. Went over offer's made - $300 to settle and $100 per month until debt paid - asked for in writing and was told they were not going to send in writing. I responded that I only wanted this in writing for my protection and was told NO! I responded that if they refused this request than they could take me to court and was told that they'd document my refusal to pay and was hung up on. What now?

[stevek3]

Originally Posted by pikebro15

Contacted agency today and spoke with collector. Went over offer's made - $300 to settle and $100 per month until debt paid - asked for in writing and was told they were not going to send in writing. I responded that I only wanted this in writing for my protection and was told NO! I responded that if they refused this request than they could take me to court and was told that they'd document my refusal to pay and was hung up on. What now?

You answered your own question. So why are you asking it?

[pikebro15]

The question I was asking was regarding suggestion given by other member of this website. I was told to get everything in writing. Reading articles regarding this issue said to get everything in writing as well. I was following advice and asked for offer in writing and they refused. Obviously this will go to court now due to my actions however I am seeking advice/guidance as to what steps I can take to better my case when going to court for settlement. Any input would be appreciated. Thanks...

[Ladynred]

Just because they make threats doesn't mean they'll actually go thru with a lawsuit. Threats are a collector's stock and trade - even though they're illegal. You will NEVER get anywhere on the phone with these people, so just stop calling them. YOU send THEM as settlement offer, 2 copies, 1 they send back to you signed if they agree. NEVER let them dictate terms, they will put in weasle words that will be in their favor, not yours. As always, send the letter certified, RRR so you know when they get it.

[pikebro15]

Thanks for your encouraging words. I had every intention on paying. I was contacted by one firm, called them and they transferred me to a different party who said they had taken the debt over - they said they sent paperwork letting me know this and guess what??? I STILL haven't received anything in writing from the party I posted this issue with. I'm not trying to dodge a debt - just want something in writing from them proving they own the debt and if they offer an agreement - I'd like it in writing. Is that a legal request? Happy holidays to you.

[stevek3]

Originally Posted by Ladynred

Just because they make threats doesn't mean they'll actually go thru with a lawsuit. Threats are a collector's stock and trade - even though they're illegal. You will NEVER get anywhere on the phone with these people, so just stop calling them. YOU send THEM as settlement offer, 2 copies, 1 they send back to you signed if they agree. NEVER let them dictate terms, they will put in weasle words that will be in their favor, not yours. As always, send the letter certified, RRR so you know when they get it.

First, it is not their stock and trade. It's their "stock in trade." The topic here is not the life and times of Charles Schwab.

Second, your advice always reminds me of those guys that run those sports betting tip operations. "Take the Knicks and the seven points. To hell with the Pistons. They're no real threat. It's our four-star special." Of course, they will never refund your money or reimburse you for your damages when the tip turns out to be utter garbage, and because of the rotten advice, you end up sleeping on a bench in the middle of Central Park next to some smelly guy named "Leon."

Great advice: Tempt fate. Yeah, that's the ticket. Naturally, I assume you'll also happily reimburse him for his troubles if he subsequently gets sued, has the life sucked out of him by litigation, gets nailed for the additional court costs, and stinks up the public records portion of his credit report for the next seven years. Right?

Original poster Pikeprodude: If they are out-of-state, they are certainly not going to sue. However, if the agency and/or the jeweler is local, then just pay the damn bill. Why? Because, they just might sue. For God's sake, it's only $500. A drop in the bucket in your lifetime. Look at the big picture. Unless you are *absolutely certain* they are not going to sue, is it really worth the gamble?

[pikebro15]

If the debt has been transferred from Kay Jewelers to another agency-to another that I haven't received paperwork on and won't send any offer in writing to me what am I supposed to do? I welcome your/anyone's comments.

[stevek3]

Originally Posted by pikebro15

If the debt has been transferred from Kay Jewelers to another agency-to another that I haven't received paperwork on and won't send any offer in writing to me what am I supposed to do? I welcome your/anyone's comments.

I've hated Kay Jewelers' TV commercials for YEARS. Irritating as hell.

[Ladynred]

Stop waiting for them to send YOU an offer, write up your own offer and send it to THEM ! Send 2 copies, one they keep, one they sign and send back to you if they agree. Send it certified, RRR and keep everything.