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Making auto payments, can i still negotiate


Chipotle
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Well, i guess I should figure the obvious answer is that i can always call and ask for anything. I had a seriously delinquint acct that went to collections. From whats on my report, it is only listed with TU. I got spooked when they said it was with lawyer, and agreed to set up auto draft and have been doing that for a few months. The first guy i talked to there said i was sol had to talk to lawyer and gave me number. Called back and got another guy and he was cool and let me set it all up. Anyone think i could call and ask for a deletion since I have them automatically withdrawing. And if they say know, is there anything you think i could do. Like tell them to stop the withdrawals and then i could be a in a better bargaining ground?

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Well, i guess I should figure the obvious answer is that i can always call and ask for anything.

You are right; you can call and ask for anything. Likewise, they can and will tell you anything on the phone to get you to pay, only to have sudden memory loss later. There are countless posts here about folks who were promised a PFD from a CA over the phone, and the CA later denied agreeing to it. The only time a consumer should talk to a collector on the phone is for the purpose of gathering evidence with a tape recorder for a pending lawsuit. Deal with a collection agency only in writing.

I got spooked when they said it was with lawyer, and agreed to set up auto draft and have been doing that for a few months. The first guy i talked to there said i was sol had to talk to lawyer and gave me number. Called back and got another guy and he was cool and let me set it all up.

Misrepresenting the legal status of a debt? That's a FDCPA violation. If it wasn't a misrepresentation, why wouldn't the first guy take your payment?The problem is, they told you over the phone, and now it's your word against theirs.

Anyone think i could call and ask for a deletion since I have them automatically withdrawing.

The odds of them agreeing to a deletion on the phone are pretty good. Your odds of actually getting the deletion on a CA's verbal promise is somewhere between slim and none.

And if they say know, is there anything you think i could do. Like tell them to stop the withdrawals and then i could be a in a better bargaining ground?

Since you agreed to an autodraft until the balance is paid in full, neither the bank nor the CA will stop the withdrawals. The only way to stop the withdrawals is to close the account. And that is the first thing you should do. The second thing you should do is take the money they are withdrawing every month and put it into a savings account.

Is the CA even legally licensed to collect in your state? Does the CA have an agreement with the OC to collect the debt from you? Can the CA obtain proof of the debt from the OC? What is the exact amount you owe? Out of that amount, what is the breakdown of principal, interest, and fees? Is the interest and fees the CA is charging even legal? Until the CA answers those questions, your money should stay in your pocket. How do you know it's not some con artist scamming you? To answer those and other questions, follow the debt validation steps in the link above.

When you're ready to settle the debt, then read the steps to do that here:

http://www.creditinfocenter.com/debt/neg_rating_after_settle.shtml

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Thanks for the info there. I will look into getting that information to look for an easy clear. I am also hoping to get some recording tools, and since Ga is a one party state, there should be no problem with me recording my conversations with them. I documented the name of the person that was willing to work with me. I am thinking of calling and if i can get that person, try and get him to say to agree to remove the blemish from my reports, even if they dont intend on honoring the agreement being a verbal agreement, having it on tape I would think would be enough to contest it, and get a removal.

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How did you set up the autopayment. if done by a visa check card, report the card lost/Stolen and simply get a new one. . If done directly from your checking account, close it and open a new one. It might be some trouble to do the latter part, but at least they cant withdrawl the money

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yeah unfortunately it is directly from my checking account. Thats definately a lesson learned there. But if i closed my account, or reported a lost card and they submitted payment and it was denied, wouldnt i then be looking at fee because the check was returned back to them.

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As has already been suggested, I would HIGHLY recommend that you get these people out of your checking account…letting any collection agency have control over your account in that way is a disaster looking for a place to happen. Any hassle you have to go through to cancel a debit card/close an account and re-open a new one, etc is far less hassle than having to deal with the aftermath of them messing with you account.

Going forward, whatever you decide to pay them can be set-up in ways that make it happen automatically but keeps you in control of the process.

As for your other questions, as long as you owe them money you still have a great deal of bargaining power. That said, this CA will do their best to make your life miserable in the short term should you rock the boat now…you are simply going to have to decide if the result you want is worth some short-term discomfort.

However, if you are willing to go through the hassle of letter writing and phone calls, etc, etc, than I would suggest that you have at least a fair chance of getting the derogatory info removed from your report

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