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Please help me on this payment problem...in collections

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R

rookiegirl77

Guest
What is the name of your state? California

At the end of August I sent a letter and payment to a collection agency, stating my terms on paying off the amount. When they received it the account, I owed close to $3K which I cooperated in paying $1600. But after that I couldn't pay any more large sums. In August I owed $1300. I sent them a letter, signifying what I had paid previously and my cooperation in paying. I said that I would pay $75, which is honestly all I can afford right now, with all my other bills. (They wiped my savings with the amount I paid before). I said I would make the payment each month by a certain date and sent the payment which they cashed. Then last month, I sent a second letter with my payment. I sent the payment as I agreed and added the note "Upon cashing this check, you continue to agree to the notice I sent on 8/30/2004 for this payment plan. Thank you." They cashed this check on 10/1/2004.

Today, I received a notice which was written on 10/4/2004 (so after they cashed the second check), stating that I owe $125 as agreed by the 17th of the month or I am in default. I owe $1250 about now. I can't afford the amount difference, because I am already scraping by with food and stuff and I can't pay it on that date (alot of bills are due then).

Because I said on cashing this check you agree to the payment, does that bind anything?

Can I continue with what I agreed?

I don't know what do to.

Thanks.
 


djohnson

Senior Member
That is not binding them to anything. They could just as easily write 'under dispute' or something on it. People believe this, but it will not hold up. You didn't say what kind of loan it was. Have you tried talking to them to get the payments lowered? With the lump sum payment I would think they would have been willing.
 

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