g4043 Posted October 25, 2004 Report Share Posted October 25, 2004 I have been trying to work with a CA on settling a debt. In July, 2004, I worked out a settlement for 3 payments for $566.00. I told them at the time I would try to make sure the money was there, but because I am the only one working in my household, I was not sure. The first payment was due in August. I barely had enough to make the payment. Then in September, things seemed to go worse. My monther-in-law had a stroke that resulted in her death before the end of Sept. and a couple other things, I was not able to make sure the complete payment was there.I received a call from the CA in the second week of October asking if the payment was going to be there. They did not mention that the payment was returned from my bank or failure to make the payment would result in termination of the payment agreement. I knew that my mother-in-law has left me a small amount of money $1,500, I told them that I hoped the pay the remaining payments before the end of the month. I did not receive the money and get it deposited until Oct 20.I received a call from the CA on Wed. Oct 20 on my job telling me because the check had been returned and they wanted to go back to the full amount to be paid. I explained what happened, but they did not care (what a surprise) I worked out something that included more that the original agreement made in July.Then on Fri. Oct. 22, I received a letter in the mail stating the check was returned not paid. It said "We extend 48 hours from the date on this letter to send a money order, cashiers check or other form to make this check good. Failure to make the check good will be treated as a default in any agreement for installment payments."The letter was dated October 14, BUT the postmark on the envelope was dated October 20. Would I be in the right legally to call and ask them about this? I would not be able to respond to something that was mailed after the time limit to respond. Link to comment Share on other sites More sharing options...
willingtocope Posted October 25, 2004 Report Share Posted October 25, 2004 Wow. I'd suggest you go back to square one with these people. First of all, don't talk with them on the phone...they'll lie to you just because they can. Immediately send them a DV letter with a line that says all further communication must be in writing.By telling them about the small amount of money you'll be receiving, you've told them that there's more money available to them than they orginally thought...and they'll do what they can to get it.If this is a CA coming after you, then remember you don't "owe" them a thing. They paid pennies on the dollar to the OC for the right continue to hassle you. The OC has already been compensated for their "loss" by the US Taxpayer. Stand up to these idiots and make them play by the FDCPA rules. Link to comment Share on other sites More sharing options...
g4043 Posted October 25, 2004 Author Report Share Posted October 25, 2004 Thanks! I realize after I talked with them, I was wrong in telling them the amount, but I was contacted at work and my desk is near others and there is no privacy. All I wanted to to get it over with.Would I be wrong in requesting the difference back? The original agreement would have been for $1,698 with three payments of $566.00. I had made one payment of $566.00, which left 2 payments totaling $1,132.00. When they called on the 20th, I told them I would give them $1,500 to close the account, this was $368.00 more than the original agreement. I know now this was wrong.I wish I had found this forum earlier, for people like me, the CA can really put a scare in you and the threat of a lawsuit is a bit overwhelming. Also I'm not savy in the lingo what is a DV letter and is there a sample letter I can go by?Thanks again for the help, I have lost LOTS of sleep over this and just want to get it cleared up as soon as possible. Link to comment Share on other sites More sharing options...
willingtocope Posted October 25, 2004 Report Share Posted October 25, 2004 DV = Debt Validation letter. Make them prove that they have the right person, the right amount, and the right to collect it...are they licensed in your state? You'll find examples in the stickies at the top.In your letter be sure to tell them that all further communication is to be in writing and they are NOT to call you at work. (They're legally allowed to call you one more time at home to tell you what they intend to do, but they must cease all collection activity until the validate).As to getting your money back...you'll probably have to sue them in small claims court to do that. Again, there's lots of info here that would help.When you say "I just want to get this over with", remember that you're playing right into their hands. CA's are so persistent and obnoxious and threatening for a reason...they're trying to scare people into doing things they may not really have to do. Learn your rights and fight back. Link to comment Share on other sites More sharing options...
g4043 Posted October 25, 2004 Author Report Share Posted October 25, 2004 How do I find out if they are liscensed in my state? I live in South Carolina and this is a law firm I have been dealing with, P. Scott Lowery out of Denver, Colorodo.This forum and site is great. A huge thank you to you and all the others who take the time to help by answering these questions. This may be the first night sleep I have had since this whole thing started! Link to comment Share on other sites More sharing options...
willingtocope Posted October 25, 2004 Report Share Posted October 25, 2004 The stickys at the top carry a lot of info about such things. For example:http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=12017will help you find the specific laws for your state regarding licensing.Glad to help..we've all been in your shoes... Link to comment Share on other sites More sharing options...
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