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Questions... I am a little confused


er74
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OK... so I posted here maybe a month ago about being served with papers for an old credit card debt. I made a settlement agreement with the guy that I spoke with, and made the first payment as agreed (not as agreed, actually, when he faxed me the agreement it was for two days earlier than we had agreed upon over the phone.) I paid it anyway.

About a week later I received another settlement offer from this firm, for about $700 less than my buddy and I had agreed upon. Here's the tricky part: the letter was dated November 2. So I guess it was lost in the mail (likely story, right??!! I assure you this is really how it happened), as I received it about two weeks late. Of course I paid the lesser amount, and I have sent via fed ex the letter, proof of payment, and asked them not to contact me again except in writing (my buddy has been ringing my pone off the hook, by the way. Isn't this some sort of violation?) As for not honoring the agreement I made with the "gentleman" I spoke with... I lost a bit of sleep over that one, for sure, but firmly believe that he should have been sure there were no other offers floating out there before he tried to squeeze another $700 out of me. Feeding my kids and paying my grad school tuition are way more important to me than maintaining good relations with a bottom feeding collection agent.

What I am stumped by is the fact that this letter stated that if the settlement amount was paid by december 28, the matter would be settled in full. The first payment was not due until a full three weeks after the letter was sent (it was due November 28) yet they sued me a good 10 days before the payment was due. What gives??? Can they do this, or is this a violation as well?

I just want these people out of my life... I want the creepy collection agent who likes to call himself a paralegal to leave me alone. I know that he is just trying to extract as much money as possible from me, and I am thus refusing his calls. They bought my bad debt, I paid as agreed, I wish they would just go away. I have no issue with the fact that I owe the money, and paid these folks as requested by their firm in good faith. Should I just ignore them, or should I threaten them with the FCRA or?????

Thanks for listening to my vent, and thanks for any advice

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ok... lots of violations... what do I do??? All I want to do is wash my hands of this. Can I ignore their phone calls? Can they do anything else to me??? I am about ready to hire an attorney. I need some real facts to hand them the next time they call... put my attitude where my mouth is, so to speak. Can I hand them off to my husband? He can get really mean... and be at least as aggressive as these people.

Thanks

ps... I meant fdcpa, not fcra... too many anagrams :lol:

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First of all your 'agreement' with your buddy is worth ZIP - nothing. If the agreement was not in writing and signed by you and someone from the CA with the authority to make such a settlement, then there is no 'agreement' as far as they're concerned .. or as far as the law is concerned either. If it ain't in writing - it never happened.

yet they sued me a good 10 days before the payment was due. What gives???

Like I said.. no WRITTEN agreement = no agreement at all. They got money out of you and that's all they needed - they know you have money to pay and they took the next step to get it - and more.

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Feeding my kids and paying my grad school tuition are way more important to me than maintaining good relations with a bottom feeding collection agent.

You hit this one right on the head, family and personal things should always be the most important thing in ones life.

Focus on what is important, your family and your needs. These credit card companies brought this upon themselves through the way they do business. Its is their fault that 90% of the people in default are in defualt. It is a sick side effect of a sick method of a sick greed infested industry.

Family comes first.... old credit card debt is the lowest thing on the priority totem pole.

good luck. :)

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