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  #1  
Old 04-29-2009, 12:38 PM
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Join Date: Apr 2009
Posts: 2

What legal rights do I have?


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

I probably could have picked a better title but I am really just beside myself right now and not really sure which direction to be going in.

I have a credit card account that I fell behind on in late 2008. When I went online to make a payment I was redirected to another website (same company) that offered me several payment options. I selected one, set up online payments and printed the confirmation. About a week later I got a letter from a law office (collection agency) stating that the bank had given the account to them to collect. I can give more details but short end of the story is that the law firm refused to collect on the account because the payments were being taken from me and they weren't notified, the bank refused to work with me because they turned it over to the law firm, meanwhile my account charged off AND they are STILL taking the money out. I talked to their litigation department today and can't get anywhere with them either. They just want to argue about how I didn't pay the past due on the accuont and why did I think my "little payments" were going to prevent it from charging off. I tried to explain that I would have made more if someone told me the arrangements weren't acceptable. It wasn't like I just made something up....it was an option they provided me with. What are my legal rights if any? I don't feel it should have charged off when I was making the payments that THEY offered and that THEY accepted.

Thank you! What is the name of your state (only U.S. law)?
  #2  
Old 04-29-2009, 12:57 PM
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Join Date: Jan 2005
Posts: 21,693
Quote:
Originally Posted by nleeyore View Post
What is the name of your state (only U.S. law)? Arizona

I probably could have picked a better title but I am really just beside myself right now and not really sure which direction to be going in.

I have a credit card account that I fell behind on in late 2008. When I went online to make a payment I was redirected to another website (same company) that offered me several payment options. I selected one, set up online payments and printed the confirmation. About a week later I got a letter from a law office (collection agency) stating that the bank had given the account to them to collect. I can give more details but short end of the story is that the law firm refused to collect on the account because the payments were being taken from me and they weren't notified, the bank refused to work with me because they turned it over to the law firm, meanwhile my account charged off AND they are STILL taking the money out. I talked to their litigation department today and can't get anywhere with them either. They just want to argue about how I didn't pay the past due on the accuont and why did I think my "little payments" were going to prevent it from charging off. I tried to explain that I would have made more if someone told me the arrangements weren't acceptable. It wasn't like I just made something up....it was an option they provided me with. What are my legal rights if any? I don't feel it should have charged off when I was making the payments that THEY offered and that THEY accepted.

Thank you! What is the name of your state (only U.S. law)?
Do you understand that a Charge-off is an accounting term? They can charge-off your account and, later, "recapture" the amount that was charged off.
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  #3  
Old 04-29-2009, 01:15 PM
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Join Date: Dec 2007
Location: Thebes
Posts: 6,087
Quote:
Originally Posted by nleeyore View Post
What is the name of your state (only U.S. law)? Arizona

I probably could have picked a better title but I am really just beside myself right now and not really sure which direction to be going in.

I have a credit card account that I fell behind on in late 2008. When I went online to make a payment I was redirected to another website (same company) that offered me several payment options. I selected one, set up online payments and printed the confirmation. About a week later I got a letter from a law office (collection agency) stating that the bank had given the account to them to collect. I can give more details but short end of the story is that the law firm refused to collect on the account because the payments were being taken from me and they weren't notified, the bank refused to work with me because they turned it over to the law firm, meanwhile my account charged off AND they are STILL taking the money out. I talked to their litigation department today and can't get anywhere with them either. They just want to argue about how I didn't pay the past due on the accuont and why did I think my "little payments" were going to prevent it from charging off. I tried to explain that I would have made more if someone told me the arrangements weren't acceptable. It wasn't like I just made something up....it was an option they provided me with. What are my legal rights if any? I don't feel it should have charged off when I was making the payments that THEY offered and that THEY accepted.

Thank you! What is the name of your state (only U.S. law)?
If you were not paying the account as agreed, the lender has the right to charge off the account. You certainly do have legal rights, I don't see that any of your rights have been violated.
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  #4  
Old 04-30-2009, 01:28 AM
Junior Member
 
Join Date: Apr 2009
Posts: 2
Unhappy

Should I get a lawyer?


First, thank you all very much for your replies.

Yes, I do know what a "Charge Off" is and means. I didn't mention it in my first post but I have been a Collections manager for one of the major credit card companies for a little over 9 years. That is what is so upsetting, I know the "rules" and they are not playing fairly. I know that I have a debt and I have EVERY intention of fulfilling that obligation HOWEVER they told me what to pay and then changed the rules of the game. They said it was ok to make the reduced payment and accepted me on the payment program and then still let it go through contractual charge off while they still took payments out of my bank account. I will say it again I want to pay this loan but no one is willing to make arrangements with me. I have not received a letter, statement or phone call from anyone in over 6 months. Each company thinks that the other one is handling it and neither one will talk to me about it. They keep passing the buck and I have a sick feeling that I am going to be the one that gets blamed for it all in the end. I have done everything (including begging) to get anyone to work with me with this.

Thank you! Any advice is helpful...I guess my real question is should I get a lawyer or should I just sit back, not pay (not that I even know who to pay) and wait to get sued???
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