rha Posted November 14, 2002 Report Share Posted November 14, 2002 Please help... First off this may take a while bear with me. I went with a debt negotiating company, which I settled for less amount on my cc accounts except for one account. My negotiator said that this company would not work anything out with them.( I had not made a pymt for about 7 months, since I was going thru the debt co). I did not want this to go to Collection Agency (CA). Which it did, so I started sending pymts directly to the original creditor (OC) the CC Company in June 2002. I have been paying the OC monthly pymts since June 2002, Last week I requested updated statements for my pymts. When I received my statement yesterday in the mail for all the months June to Nov. stmts, my June stmt was credited as a charge-off and my other statements show my pymt and then a reversal adjustment & my statements are showing a zero balance. I called and talk to a Manager yesterday & was told that the account is at the collection agencies office (attny) and for me to contact them. I said I am sending you the pymt & the amount is being reversed, why? The manager for the OC set up a new credit card account # and is applying it to that account # which she gave me that account #. I asked why is this set up as a new account # and was told that since the other account was a charge-off they has to set up a new account to credit my $ to. Then I asked why do I have to talk to the CA (attny) if you are accepting the $ and you are the original creditor that I am paying, She said that since they gave this account to the CA that the OC is sending an invoice to the CA showing my pymt is being made. I told her I will not contact them and that the OC is the only one I want to make pymts to and they are accepting my pymt. I asked her isn't there a law that states I can still pay the OC and not deal with a CA. She still insisted I have to go thru the CA because they can sue me on the OC behalf. She said the laws in Delaware are different than in the state of Texas and the OC operates and the card was issued in the state of Delaware so the CA can sue me on their behalf. My question is can I send a C&D letter to the CA (Attny) office since I am paying the original creditor. Then what about my credit report? Link to comment Share on other sites More sharing options...
admin Posted November 15, 2002 Report Share Posted November 15, 2002 I'd go debt validation with this collection, then try and dispute the OC with the credit bureaus. Link to comment Share on other sites More sharing options...
rha Posted November 15, 2002 Author Report Share Posted November 15, 2002 So, I should send a debt validation instead of a cease & desist letter will that stop them calling or trying to send me RRR letters. I have not had any contact with the CA(attny's office). The OC told me that the CA(attny)office is handling itso the can validate.Can't I just keep on paying the original creditor without contacting the CA and if I don't communicate with the CA can they try and file a judgement agaist me, even if I am send $ to the OC and they are accepting it. Link to comment Share on other sites More sharing options...
admin Posted November 15, 2002 Report Share Posted November 15, 2002 Yep, always do debt validation - it acts as a cease and desist. Link to comment Share on other sites More sharing options...
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