refusal to pay

[aachudneymiles]

UPDATED why should you never refuse to pay a ca in letters or on phone? I have searched the boards and net and cant find an answer please help

The reason I asked is I have said to CA before ..I will never pay you a Dime .. and they say "so you are refusing to pay!!!!!" and they start acting as if you commited a crimmal act or something..

Had a friend who told a CA that yesterday and they did they same thing. "soo you are refusing to pay huh!!!"

[CantCU]

why should you never refuse to pay a ca. I have searched the boards and net and cant find an answer please help

Good question! Although I don't know the answer, I am guessing that if you ever indicate a refusal to pay, they don't or won't provide you anything.

[thomassl]

If you are doing a search on paying collection agencies, you should find plenty of information. One of the reasons why is that payment to them usually still keeps the item on your credit report. Sometimes it's better to leave it alone and let it fall off your report in the 7 yr. time period. Sometimes when you pay them, it shows as "paid" and if you are in one of the states where payment resets the SOL, and Texas is one of those, the item now stays on there 7 yrs. from when paid it instead of falling off sooner!

[momof5]

"why should you never refuse to pay a ca."

Actually, why should you always refuse to pay a CA.

When one is silly enough to actually talk to a CA on the phone, they will say something like "I will mark it on your account that you are refusing to pay this debt and send it to legal!!!!" This is done to scare the average john doe who doesn't know that refusing to pay a CA means NOTHING and cannot harm you.

The few time I *have* talked to a CA on the phone, I have told them "I NEVER pay a CA! So good-bye!"

[momof5]

If you are doing a search on paying collection agencies, you should find plenty of information. One of the reasons why is that payment to them usually still keeps the item on your credit report. Sometimes it's better to leave it alone and let it fall off your report in the 7 yr. time period. Sometimes when you pay them, it shows as "paid" and if you are in one of the states where payment resets the SOL<- this only matters if you don't pay it in full, and Texas is one of those, the item now stays on there 7 yrs. from when paid it instead of falling off sooner!

NOT true! The CRAs deletion date is 7 yrs (+180 supposedly) from the DOFD....payment does NOT reset that date.

Please be careful not to pass mis-information.

[SecretAgentWoman]

Mostly you must be careful what you say to CAs before the statute of limitations is up, lest you make them run to court.

After the SOL, it's free game as far as I am concerned.

[Tazjeepcj7]

If you tell the CA you will not pay them they only have two options, walk away or sue to collect (or a third - sell the debt if they own it). Better to ask for validation of the debt and refuse to pay until validation is received.

[momof5]

Actually, you CAN have some serious fun with it....

"So, you REFUSE to pay this debt?"

"What debt?"

"The 5489.68?!"

"Interesting number. Where did you get it?"

"Look this is your bill...."

"...really, how do I know you aren't my ex's BF calling to steal money by saying I owe money...send to PO Box?!"

LOL

I love getting them to lose their temper!

And yes, if it is a LARGE bill and not SOL, tread carefully.....

I, BTW, have never been sued by a CA.

[thomassl]

Please be careful not to pass mis-information.

I am correct in the fact that in most states payment does reset the SOL. There are a few states in which only a "written promise to pay" constitutes resetting the SOL. On this statement, you were misinformed!

[rjnjr1019]

what about ohio

[divemedic]

thomassl:

If you are doing a search on paying collection agencies, you should find plenty of information. One of the reasons why is that payment to them usually still keeps the item on your credit report. Sometimes it's better to leave it alone and let it fall off your report in the 7 yr. time period. Sometimes when you pay them, it shows as "paid" and if you are in one of the states where payment resets the SOL, and Texas is one of those, the item now stays on there 7 yrs. from when paid it instead of falling off sooner!

The section of your post that I highlighted in red is incorrect. Paying does not affect when it falls off.

The biggest reason for not telling a CA that you refuse to pay is in the FDCPA. A refusal to pay is the same as a C&D. Do not refuse to pay, unless you intend to C&D the collector.

Read:

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

[mattandallismom]

what about ohio

From what I've read you're pretty much screwed for 15 years on any written contract. We have horrible consumer protection here.

[buckeyechick1219]

This is a total thread hijack, but are all credit cards in Ohio considered a written contract? I thought I saw somewhere that some are considered written and others are considered oral.

[LadynRed]

Ok, first of all 'refusal to pay' is a hot button phrase that CA's use. It's a head game. No matter WHAT you say, even if you are offering TO PAY, but less than what they want, they will use the 'refusal to pay' card on you. It pisses people off, and they know it, they use it deliberately to push your buttons - and unfortunately it works on most poeple.

Once you realize that MOST of what these CA's utter is meant specifically to ellicit an emotional response from you, you can DISCOUNT what they say - it's a MIND GAME and they've been trained in how to play it - you haven't. Like any bully or harrasser - if you do not rise to their taunts, YOU win (more or less).

[nascar]

I am correct in the fact that in most states payment does reset the SOL. There are a few states in which only a "written promise to pay" constitutes resetting the SOL. On this statement, you were misinformed!

You're mixing up the SOL as an affirmative defense in a lawsuit with the 7 year reporting period. Nothing restarts the reporting period. Texas law notwithstanding, FCRA is a federal law.