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#1
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Help Fast!What is the name of your state?KANSAS Ok i had a debt that i made a settlement on, i had one payment left to pay. well the my bank had a hold on my account, and the check was returned. My bank is fully able to send faxes over to state that my account was frozen due to the fact that a check book had been stolen. The agency wont accept anything but the Balance in full now, I understand i had a returned check and the settlement is not longer valid. I will pay the full amount. but here is what happenend Ok the man called me at my house and on my cell phone, the number he called from was area code (956) I called him back from the number on caller id. once i got on the line, all i did was state my name and he went into full account detail telling me that if i did not get him the $410*balance in full* by monday at 12pm my account was going to be sent over and i needed to hire an attroney, i said that i would be able to get half the payment to him, he said that was fine(sacrastic), but if it was not the full amount I should just "save it and pay the attroney with it" Ok he then hung up the phone call with me, i called back, he said that he was just going to go ahead and forward it over to their attroneys. I got so upset i was bawling, i didnt know what to do, so i called my mom, my mom called, he talked to her and said the same thing, that if it was not the full amount then i would be sued. I have a few questions to ask: 1. doesnt he have to verify me when i call in? all i did was say my name, and he went into full account detail.2. does he have to state the mini miranda?"this is an attempt to collect a debt..."3. when my mom called in he told her they were a third party collection agency and it was not customer service...can he do that??4. He said that i have to send the balance in full no later then monday at 12pm via a western union or money gram" 5. he left like 3 messages on my answering machines like this "this is so and so, please return my call at this number, use this as your account number(then states my account number) can he do that too??? any help would be great... i need help soon since i am suppose to send the money by tomorrow. Someone told me to sue the agency but there is no point in doin that if they did nothing wrong. please help! thank you! |
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#2
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| What was the processing date on the last payment? What date did your bank ‘put a hold’ on your account? What date did you call the collection agency & let them know that the check was going to be returned? What did they say at that time?
__________________ Don't take candy from strangers unless they offer you a ride. |
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#3
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i am just soo worried im goin to be taken to court on something im trying to pay off, im going to send the half payment tomorrow regardless but he said that he will turn it over if that happens. oh and they were unaware that this was going to happen because i was unaware the check was going to be returned.Last edited by Shanna44; 09-19-2004 at 04:40 PM. |
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#4
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| The check went on the 10th - hit your bank on the 15th & was returned to them on the 17th? No matter, the account is not going to charge off. Remember you just made 2 big payments in the last few weeks. Assume this is the original creditor? If a check is returned - usually they are happy just to collect the check back. If you have that -- Money Gram it to them (MG is cheaper than Western Union -- MG available at all Walmart stores). They just wanna get it back asap, there is nothing they are going to do. (I had a better, more eloquent response but closed the wrong window & had to start over)
__________________ Don't take candy from strangers unless they offer you a ride. |
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#5
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| Whatever happened today, I have to tell you that their ridiculous threats and 'do it by noon Monday or be sued' is nothing but bullcrap - standard intimidation tactic by a collection agency. They ALL go on the assumption that you have tons of cash hoarded away but just don't want to pay, so they make up these stupid deadlines to pressure you to pay it all. They're full of crap ! For a lousy $400 they're not going to sue you an dif the account is still with the original creditor and not even charged-off yet, the likelihood of a lawsuit is VERY slim. So, I'd say quit stressing out over their inane threats and deadlines and send them what you can when you can - believe me, they'll take your money anyway.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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