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DO I HAVE TO PAY?

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Acacia

Guest
I live in Wisconsin - I had a college debt from Discover - I didnt pay and it was sent to a collection agency - I settled with the collection agency for $1456.34, an amount to be refinanced.
The original letter offered a settlement of 1456.34 with a 200 initial payment and 49 per month for 36 months.

They faxed the refinance paper and I signed them but they called me and said they made a mistake on the interest. They redid the papers and faxed them again, but this time I noticed that the papers didnt mention my $200 initial pamyent. They said they made another mistake and needed to do the papers again. They faxed me a final copy and I signed it and returned it to them.

When i talked to the agent I told her that my 200 payment was not reflected in my balance and she said that my $200 was a "good faith payment" and it does not subtract from my 1456.34 due. I complained and faxed them a letter outlining my complaints. I was basically demanding that 200 be removed from my principle. They never responded.

A month later I received a letter that said "thank you for your payment of $200, this account is now paid in full and a paid status will be reported to your credit."

I was happy, but skeptical, so I kept the letter.

Sure enough, a month later they sent me a "statement" showing 1407.34 still due. They had taken 49 from my checking account.

I called to complain and they said my "paid in full" letter was sent in error..they also said that $200 would not be deducted from my 1456.34 due because it was a "good faith payment". In their first letter to me it was called an INITAL PAYMENT.. but now they are calling it a GOOD FAITH PAYMENT.

They said they never received a complaint letter from me, (I have the fax confirmation) they routed me to a manager who was rude to me. I told her she had no idea what she was talking about and she said... "First you're going to stop talking to me like you're controlling the conversation." then I told her she hadn't even read my account notes to know about what I was saying.. she said "I know all that I need to know, I know you have a debt that you didnt pay and you dont want to pay it"

I filed a complaint with the FTC re: the rudeness, the deceiptful letters and the verbal abuse.

I faxed a letter to management and also sent it certified mail. They havent responded.

I think I can use my "paid in full " letter and not pay them anything. They're trying to cheat me anyway and they already made 3 mistakes.

I'd be willing to pay a lawyer to help me not have to give them another dime. Please help!
=)
 


A

Acacia

Guest
Specific Question

Okay - here's my specific question(s).

Can I go after (sue) the collection agency for trying to deceive me with inconsistant letters?

Can I not pay the debt since they sent me a letter saying that i was PAID IN FULL?

Can I sue the collection agency for verbal abuse?

Can a lawyer defend me and get this entire debt discharged?

About how much would a lawyer charge to do so?

Sorry that I strung the questions along.. but this is where i was going with the whole story.

Thanks!
 

I AM ALWAYS LIABLE

Senior Member
Re: Specific Question

Acacia said:
Okay - here's my specific question(s).

Can I go after (sue) the collection agency for trying to deceive me with inconsistant letters?

Can I not pay the debt since they sent me a letter saying that i was PAID IN FULL?

Can I sue the collection agency for verbal abuse?

Can a lawyer defend me and get this entire debt discharged?

About how much would a lawyer charge to do so?

Sorry that I strung the questions along.. but this is where i was going with the whole story.

Thanks!
My response:

Simple. You have a "Paid in Full" letter. They can scream, rant, rave, and jump up and down all they want, but they have released you from the debt. They can state that it was a mistake till the cows come home, but every time they try to collect the debt, make a copy of that letter, and throw it in their faces.

Yes, you have particular rights for unlawful forms of harassment in the collection procedures. Please review your rights under the Federal "Fair Debt Collection Practices Act" - - or, better yet, I think you have a wonderful case, and you should see an attorney as soon as possible to start an action against them.

IAAL
 

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