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Shanna44

Guest
What is the name of your state?KANSAS

Ok i had a debt that i made a settlement on, i had one payment left to pay. well the my bank had a hold on my account, and the check was returned. My bank is fully able to send faxes over to state that my account was frozen due to the fact that a check book had been stolen. The agency wont accept anything but the Balance in full now, I understand i had a returned check and the settlement is not longer valid. I will pay the full amount. but here is what happenend

Ok the man called me at my house and on my cell phone, the number he called from was area code (956) I called him back from the number on caller id. once i got on the line, all i did was state my name and he went into full account detail telling me that if i did not get him the $410*balance in full* by monday at 12pm my account was going to be sent over and i needed to hire an attroney, i said that i would be able to get half the payment to him, he said that was fine(sacrastic), but if it was not the full amount I should just "save it and pay the attroney with it" Ok he then hung up the phone call with me, i called back, he said that he was just going to go ahead and forward it over to their attroneys. I got so upset i was bawling, i didnt know what to do, so i called my mom, my mom called, he talked to her and said the same thing, that if it was not the full amount then i would be sued. I have a few questions to ask: 1. doesnt he have to verify me when i call in? all i did was say my name, and he went into full account detail.2. does he have to state the mini miranda?"this is an attempt to collect a debt..."3. when my mom called in he told her they were a third party collection agency and it was not customer service...can he do that??4. He said that i have to send the balance in full no later then monday at 12pm via a western union or money gram" 5. he left like 3 messages on my answering machines like this "this is so and so, please return my call at this number, use this as your account number(then states my account number) can he do that too??? any help would be great... i need help soon since i am suppose to send the money by tomorrow. Someone told me to sue the agency but there is no point in doin that if they did nothing wrong. please help! thank you!
 


DerbyGirl

Member
What was the processing date on the last payment?
What date did your bank ‘put a hold’ on your account?
What date did you call the collection agency & let them know that the check was going to be returned?
What did they say at that time?
 
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Shanna44

Guest
DerbyGirl said:
What was the processing date on the last payment?
What date did your bank ‘put a hold’ on your account?
What date did you call the collection agency & let them know that the check was going to be returned?
What did they say at that time?
i have tried everything with this agency, i dont care about the settlement now, it was only $150 off the balance anyway, its just the fact that i have to get the FULL $410 there by monday at noon and that is impossible i told the man that i could get it there half by monday and another half on friday. What i did wrong was i sent 3 post dated checks because i was told I had to do it that way. so on august 12th i overnighted 3 posted dated checks,one went through on aug. 13 and 27th, the last check was suppose to go through on sept 10th. didnt go in till sept.15 (understandable with standard mail). i know that if a check comes back returned they can demand the full balance but, he is only giving me 3 days to get it to him. saturday sunday and monday. he said the acct will charge off on weds... even though when i purchased my credit report it shows the acct in good standing now, but deliquent in the past. :confused: i am just soo worried im goin to be taken to court on something im trying to pay off, im going to send the half payment tomorrow regardless but he said that he will turn it over if that happens. oh and they were unaware that this was going to happen because i was unaware the check was going to be returned.
 
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DerbyGirl

Member
The check went on the 10th - hit your bank on the 15th & was returned to them on the 17th?
No matter, the account is not going to charge off. Remember you just made 2 big payments in the last few weeks. Assume this is the original creditor?

If a check is returned - usually they are happy just to collect the check back.
If you have that -- Money Gram it to them (MG is cheaper than Western Union -- MG available at all Walmart stores).

They just wanna get it back asap, there is nothing they are going to do.

(I had a better, more eloquent response but closed the wrong window & had to start over)
 

Ladynred

Senior Member
Whatever happened today, I have to tell you that their ridiculous threats and 'do it by noon Monday or be sued' is nothing but bullcrap - standard intimidation tactic by a collection agency. They ALL go on the assumption that you have tons of cash hoarded away but just don't want to pay, so they make up these stupid deadlines to pressure you to pay it all. They're full of crap ! For a lousy $400 they're not going to sue you an dif the account is still with the original creditor and not even charged-off yet, the likelihood of a lawsuit is VERY slim.

So, I'd say quit stressing out over their inane threats and deadlines and send them what you can when you can - believe me, they'll take your money anyway.
 

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