Oral argreement to pay

[Rob83]

What is the name of your state? NORTH CAROLINA


If you tell a collection agency over the phone that you will agree to pay, is it binding? Does it re-start the clock on the statute of limitations?

[hbreen]

First Rule - NEVER, NEVER speak to a Collection Agency on the phone except to tell them that all correspondence should be done in writing! Second, never, never agree to a payment with a collection agency without validating the debt first!

[Tayla]

Originally Posted by Rob83

What is the name of your state? NORTH CAROLINA


If you tell a collection agency over the phone that you will agree to pay, is it binding? Does it re-start the clock on the statute of limitations?

To answer your question directly: No it does not re-start the clock. Unless the collection agency strictly told you the conversation was being taped and read off the mini miranda verbage, I doubt they will have a binding agreement.
Hbreen gave some interesting side advice for you to consider. Validate first. Correspond via Certified Mail Return Receipt. Retain all documentation on this alledged account.

[Rob83]

Hi and thanks.

This conversation occured 1 1/2 years to 2 years ago. I wasn't as knowledgable about credit card debt and collections so I was easily itimidated. I don't remember the conversation with the CA, but I may have said I would try to pay. There was a message that said "this call may be monitored for quality purposes". After talking to a relative, I decided not to. The SOL has been passed by two years now, and I am ready to send a S&D letter to the CA that is trying to contact me.

One more thing: The CA that is holding the debt now is not the same one spoken of above. This debt has been sold several times now.

[stephenk]

so why do you believe you should not pay what you owe?

[Rob83]

Originally Posted by stephenk

so why do you believe you should not pay what you owe?

Because I don't owe it. I am a victim of fraud, but cannot prove it. Try to get help from a collection agency.....hell, they wouldn't even send me a copy of the original credit application. "I don't have to give you that" they said.

Screw 'em.

I don't owe, I won't pay.

But thanks for your inquiry (and assumptions).

[stephenk]

So if it is fraud, why did you agree to pay in the first place?