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  1. #1
    Mirahj is offline Junior Member
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    Nov 2011
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    Original Creditor Would Not Accept Payment, Then Sent To Collections

    What is the name of your state (only U.S. law)? Colorado

    Hi,

    I was wondering if someone would advise me regarding something on my credit report. About five years ago, I took out a payday loan. I was seriously ill at the time and could not pay it back on time. However, I did intend to pay the loan back plus whatever the interest was. Not long after, a representative of the company began harassing me for payment. Without identifying the company he represented, he told me he knew where I lived and where I worked and that if he didn't get his money soon, he'd send his boys out after me! Then he hung up. I was TERRIFIED at first..until he called back after what he thought was enough time for me to "think on it." After I asked him a bunch of questions, I finally came to understand he was just a bill collector. Then, after much probing, he revealed who he represented. I told him I was on unpaid medical leave for 3 months and just started a new job that met my medical requirements. I told him I planned to pay, but that I simply didn't have any money to give him at the moment. I asked if I could make small payments towards the bill but he refused it. ...He continued to call my job. He requested supervisors and told them I owned him money (and I was only recently hired!) etc etc. I had to get a lawyer because I didn't know what to do. She was fantastic and was able to make the calls stop but there was no further advice. She said the harassment was legal up to that point because the collector was a representative of the main company, not an actual collection agency. She did not charge for her services and we never discussed what should be done in the long run. She just told me not to worry about it anymore, so I took her advice and just focused on getting my life back together.

    The company stopped contacting me from that point on.
    A few days ago (years have passed) I checked my credit report and noticed the loan has gone to collections. What should I do? Should I pay it even though the original creditor refused partial payments?What is the name of your state (only U.S. law)?
  2. #2
    Join Date
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    Your did not send in any payments so they did not refuse your partial payment; in fact, they would have been bound to accept it.

    You can still send in a partial payment, nobody is stopping you. Why have you not done that?

    They will not consider the partial payment as reason to stop collections until an agreement is made between you two.

    And no, they do not have to accept a partial payment schedule.
  3. #3
    justalayman is offline Senior Member
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    =!CuriousGeorge!;2941364]Your did not send in any payments so they did not refuse your partial payment; in fact, they would have been bound to accept it.
    No, they would not have been bound to accept a partial payment. They are only bound to accept what is due. Only if the OP tendered whatever payment was due and rebuffed would OP have a claim the creditor abandoned their claim.

    while I don't typically suggest a person ignore a debt simply due to a statute of limitations issue, due to the harassment involved I don't feel so bad about this one.

    It would appear the statute of limitations to collect through the courts has expired and as such, OP would have an affirmative defense if sued. If OP makes a payment (and I haven't checked to be positive) the SOL quite likely is refreshed so paying anything would be a bad idea.

    OP should simply let time run. The report will drop from their credit report in about 2- 2 1/2 years and life will go on.

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