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Debt Payment Agreement

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rtrometter

New member
What is the name of your state? Pennsylvania

I have made a verbal agreement with a debt collection company that I would pay my debt $25 dollars a week until it's paid in full. With the agreement, I said that I want them to provide a written copy of the agreement and receipts for each payment received.

I have kept my end of the agreement (made three payments on time), and they never gave me a copy of the agreement or any receipts for payments. When I called the company to request this information, they said that they can no longer send me receipts or a copy of the agreement.

What can I do since I've been holding my end of the agreement, and they failed to do anything they agreed to do?
 


quincy

Senior Member
What is the name of your state? Pennsylvania

I have made a verbal agreement with a debt collection company that I would pay my debt $25 dollars a week until it's paid in full. With the agreement, I said that I want them to provide a written copy of the agreement and receipts for each payment received.

I have kept my end of the agreement (made three payments on time), and they never gave me a copy of the agreement or any receipts for payments. When I called the company to request this information, they said that they can no longer send me receipts or a copy of the agreement.

What can I do since I've been holding my end of the agreement, and they failed to do anything they agreed to do?
If you do not have a written and signed agreement, it will be difficult for you to show that such an agreement exists/existed.

I expect that the collector wants you to pay the full amount owing on the debt and will eventually take you to court to win a judgment against you.
 

rtrometter

New member
They did record the phone call. I also have a CFBP report filed with them where they even agreed with that statement. Would that be considered a written agreement?
 

quincy

Senior Member
They did record the phone call. I also have a CFBP report filed with them where they even agreed with that statement. Would that be considered a written agreement?
It is unlikely that you will be able to show an enforceable agreement exists or existed.
 

adjusterjack

Senior Member
What can I do since I've been holding my end of the agreement,
You should have gotten some sort of acknowledgment when you first had the conversations. Email would probably have sufficed.

Keep paying. You don't need receipts if you pay by check. Your cancelled check is your receipt.

and they failed to do anything they agreed to do?
Failed to do what? They agreed to accept your payments. That's what they are doing. That you got nothing in writing is on you.
 

rtrometter

New member
They failed to send me my written agreement and receipts for each payment. They never sent me any form of the agreement; email or USPS.
 

quincy

Senior Member
They failed to send me my written agreement and receipts for each payment. They never sent me any form of the agreement; email or USPS.
The debt collection company sent you nothing probably because you entered into a payment arrangement agreement with an employee of the company who had no authority to enter into an agreement with you. The job of the employee was to get you to pay even a token amount on the debt.

When you make payments on an old debt, it starts the statute of limitations over again. The collection agency now has more time to pursue you on the debt without the statute of limitations barring a lawsuit.

I suspect that you will eventually be served with a summons and complaint if you do not pay the balance owing on the debt. A court judgment will give the collection agency additional means to collect, including garnishment of wages and attachment of assets.

I don't think you will have success showing an enforceable agreement exists. I think your efforts might better be directed toward finding a way to pay the debt in full (e.g., selling assets, borrowing from family).

Good luck.
 

Zigner

Senior Member, Non-Attorney
They failed to send me my written agreement and receipts for each payment. They never sent me any form of the agreement; email or USPS.
But they have been performing as agreed. I don't see the problem.
You've been keeping traceable records of your payments, right?
 

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