Laws regarding debt communications?

[mrmunchkins4]

I have a problem with a creditor in Virginia. I did not show up to my appointment, and they billed me a late fee.

Anyways, if someone disputes a $100.00 bill they claim they do not owe, and they refuse to pay, can the creditor keep racking interest and fees up, and continue to send updated billing mail with new balances? What can I do to prevent those interest/fees from racking up? Are they simply entitled to - And if so, can you ask them to cease communications? And furthermore, I did not receive a copy of the contract. I asked them but they refuse to provide it. I feel pressured into paying them, but I feel it's unfair as I found the late fee to be quite high.

 

[Just Blue]

I have a problem with a creditor in Virginia. I did not show up to my appointment, and they billed me a late fee.

Anyways, if someone disputes a $100.00 bill they claim they do not owe, and they refuse to pay, can the creditor keep racking interest and fees up, and continue to send updated billing mail with new balances? What can I do to prevent those interest/fees from racking up? Are they simply entitled to - And if so, can you ask them to cease communications? And furthermore, I did not receive a copy of the contract. I asked them but they refuse to provide it. I feel pressured into paying them, but I feel it's unfair as I found the late fee to be quite high.

Did you call and let them know you wouldn't be able to make the appointment with reasonable notice or did you just not show?

 

[Taxing Matters]

Whether the creditor can tack on interest and late fees, and how much, starts with the contract you had with the creditor. If the contract allows for the creditor to add fees and interest then it may do that so long as the amounts meet what the contract says and assuming that the interest does not exceed Virginia's usury rates and that any fees are not so high as to be punitive. The creditor certainly can continue to bill you and contact you about the debt.

 

[mrmunchkins4]

Whether the creditor can tack on interest and late fees, and how much, start with the contract you had with the creditor. If the contract allows for the creditor to add fees and interest then it may do that so long as the amounts meet what the contract says and assuming that the interest does not exceed Virginia's usury rates and that any fees are not so high as to be punitive. The creditor certainly can continue to bill you and contact you about the debt.

No idea, they never bothered to provide a copy of contract.

 

[mrmunchkins4]

Did you call and let them know you wouldn't be able to make the appointment with reasonable notice or did you just not show?

I did not show up.

 

[mrmunchkins4]

Whether the creditor can tack on interest and late fees, and how much, starts with the contract you had with the creditor. If the contract allows for the creditor to add fees and interest then it may do that so long as the amounts meet what the contract says and assuming that the interest does not exceed Virginia's usury rates and that any fees are not so high as to be punitive. The creditor certainly can continue to bill you and contact you about the debt.

I owe another creditor $4,000 to. I just thought of this, and I have no IDEA if it'll work, but I can give it a shot. If I send them an offer with the consideration that they relinquish the contract as performance in return for $2,000 (50%) and I put in this letter a $2k check addressed to them, and putting the terms and association of the contract onto the check concisely to avoid the creditor cashing the check unfairly, by cashing the check, could this bound them to my proposal?

 

[Taxing Matters]

I owe another creditor $4,000 to. I just thought of this, and I have no IDEA if it'll work, but I can give it a shot. If I send them an offer with the consideration that they relinquish the contract as performance in return for $2,000 (50%) and I put in this letter a $2k check addressed to them, and putting the terms and association of the contract onto the check concisely to avoid the creditor cashing the check unfairly, by cashing the check, could this bound them to my proposal?

That can work, but to do it right you need to be sure to send the letter with your offer terms and the check to the person/office of the creditor that has the authority to accept settlements. Do not send the check to the usual payment processing center for the creditor as they are likely to cash it without ever seeing/reading the note, and you aren't protected under the laws of most states if that happens.

 

[mrmunchkins4]

That can work, but to do it right you need to be sure to send the letter with your offer terms and the check to the person/office of the creditor that has the authority to accept settlements. Do not send the check to the usual payment processing center for the creditor as they are likely to cash it without ever seeing/reading the note, and you aren't protected under the laws of most states if that happens.

I found their principal address according to the Virginia State Corporation Commission via business entity search. The address is different from the routine mailing address where I normally use to send them payments until I became delinquent. Being this is THERE address and not a third-parties, should I address on the envelope to be strictly for settlement office in the financial department of Homeowners Association (the creditor) via principle address?

 

[STEPHAN]

No idea, they never bothered to provide a copy of contract.

In future NEVER sign anything that you do not have a copy off. It is easy to make pictures using your phone.

 

[mrmunchkins4]

In future NEVER sign anything that you do not have a copy off. It is easy to make pictures using your phone.

Do you know anything though in regards to my response about initiating a live check offer? Would this be reasonable enough to show the offer is a settlement?

 

[STEPHAN]

Do you know anything though in regards to my response about initiating a live check offer? Would this be reasonable enough to show the offer is a settlement?

I have done that many times, but I have always used a third person to make sure the check is not just a regular payment.

 

[adjusterjack]

Do you know anything though in regards to my response about initiating a live check offer? Would this be reasonable enough to show the offer is a settlement?

If it works at all, you will need to send it to a named person at the corporate address, preferably a corporate officer who has the authority to accept the offer. However, it's still a risk that the check will be intercepted in the mail room and sent through the usual processing without attention to the letter.

If you are going to make that kind of offer I suggest you make it in writing to a corporate officer and wait for a response before sending then check.

Also keep in mind that if the $4000 is being dunned by a collection agency, the original creditor is likely no longer in the picture.

 

[Zigner]

In future NEVER sign anything that you do not have a copy off. It is easy to make pictures using your phone.

The problem is that, when you make an appointment on the phone, there is no written contract. For example, let's say I'm assigned to a new doctor at enrollment in my insurance. I don't pick that doctor and I've never been seen by the doctor. I call and make an appointment and am never informed of and never agreed to a missed appointment charge. Should I still be on the hook for that charge?

 

[adjusterjack]

I call and make an appointment and am never informed of and never agreed to a missed appointment charge.
Should I still be on the hook for that charge?

You mean you call for the first appointment and then don't show up for it. That's just rude. Yeah, you should be on the hook for the charge. You're welcome to dispute it while the collection account drives your credit score down.

 

[Zigner]

You mean you call for the first appointment and then don't show up for it. That's just rude.

Yes, it's rude...but is there a contractual obligation to pay a fee? In my opinion, no, there is not (based upon the scenario I presented).