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Agreement to pay CA over phone


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I had an aggressive CA calling me on the phone a few months ago, before I started reading this site, and agreed to make payments even though it would take me 10 yrs to pay it back.

They sent me the agreement to sign when I noticed they doubled what I owed and said there would be interest on top of that! Of course, I didn't sign it and told them I would not be paying.

After joining this site I now realize that all 5 of my debts are SOL as of 11/06. I have DV'd some of them but this last one I'm afraid to deal with. My Question is Can the CA hold me to a Verbal Contract? because of what I said on the PHONE?

I really don't know how to deal with them and I sure could use some help. You all give so much good advice and I really would like to hear what Lady in Red thinks.

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I had an aggressive CA calling me on the phone a few months ago, before I started reading this site, and agreed to make payments even though it would take me 10 yrs to pay it back.

They sent me the agreement to sign when I noticed they doubled what I owed and said there would be interest on top of that! Of course, I didn't sign it and told them I would not be paying.

After joining this site I now realize that all 5 of my debts are SOL as of 11/06. I have DV'd some of them but this last one I'm afraid to deal with. My Question is Can the CA hold me to a Verbal Contract? because of what I said on the PHONE?

I really don't know how to deal with them and I sure could use some help. You all give so much good advice and I really would like to hear what Lady in Red thinks.

I have asked this question also, and looking for state and federal banking laws. If you offered this over the phone, were your payments going to be withdrawn from your bank account? Are they doing this. If so you would need to change your bank info. Im thinking of complaining to the Comptroller, Federal Reserve Board, and anyone else i need too about unauthorized withdrawals.

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I didn't give them any bank info. just said that all I could do was pay 100.00 a month for the rest of my life and they said okay, yeah right, then I get the agreement in the mail. Like a contract, I'm assuming that they wanted me to sign it so it could be back in SOL. I don't know if it was recorded.

They called my ex and he called me and said someone called him and I said I had a warrant out for my arrest and to call the prosecutor right away, so I did that is how they got my # and they even cussed out my mother in law thinking it was me.

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Definitely send these scumbags a DV and inform them that they have violated the FDCPA, not 1 time, 3 times. Once for threatening arrest, twice for talking to a third party about your debt, third one for cussing at a third party about your debt. Who is this CA?

FDCPA:

§ 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(2) not state that such consumer owes any debt;

§ 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

§ 807. False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

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Definitely send these scumbags a DV and inform them that they have violated the FDCPA, not 1 time, 3 times. Once for threatening arrest, twice for talking to a third party about your debt, third one for cussing at a third party about your debt. Who is this CA?

FDCPA:

If it's SOL also inform them to C&D contact with you with the exception of verifying this debt. Also, a promise to pay can reset the statute of limitations in some states, not sure about Cali though.

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I definitely will DV them and ask them to C&D. I wish I know about this when they were calling. They've been too quiet. Yeah, my main thought is the verbal promise to pay. And believe me if I never would have said it if I didn't think I wasn't going to get sued and go to jail. They had me fooled.8-)

I really don't believe you have anythinng to worry about.. they have to prove it.. and send a DV if you like but if you are sure its out of SOL then by all means C&D them and forget about it.

I had one creditor who said I missed my payment plan and sent out late notices and warnings I NEVER had a payment plan with them (IT was NCO) I C&D them and then reported them to the AG in their state of PA.. next thing you know I recieved them off my credit reports and a apology letter from their legal department... they hate the AG.. (they were fined heavily by them in the last year or so).

So unless its in writing or they can prove it your fine

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xangelx I had NCO FIN/35 trying to collect on me. Last year they dropped off and now a different collector is assigned. No word from them yet, but I sent them a DV and a C&D as soon as I saw them pop up. I don't know if that's legal but I am not giving them the chance to mess with me because it is 1 yr. past SOL anyways.
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I had an aggressive CA calling me on the phone a few months ago, before I started reading this site, and agreed to make payments even though it would take me 10 yrs to pay it back.

They sent me the agreement to sign when I noticed they doubled what I owed and said there would be interest on top of that! Of course, I didn't sign it and told them I would not be paying.

After joining this site I now realize that all 5 of my debts are SOL as of 11/06. I have DV'd some of them but this last one I'm afraid to deal with. My Question is Can the CA hold me to a Verbal Contract? because of what I said on the PHONE?

I really don't know how to deal with them and I sure could use some help. You all give so much good advice and I really would like to hear what Lady in Red thinks.

*IF* the conversation was ever recorded...and I doubt it was...because they would have to inform you it was being recorded...you could always say you agreed to pay X amount and they sent you a contract with XX amount.

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quote "*IF* the conversation was ever recorded...and I doubt it was...because they would have to inform you it was being recorded...you could always say you agreed to pay X amount and they sent you a contract with XX amount."

That is exactly what did happen....I agreed to pay one amount but when the agreement came it was $18000.00 plus interest over 15 years of payments. The original amount was $8500.00 and I don't even think that was right. I told them forget it I'm not agreeing to that that's ridiculous, I think they just wanted my sig. for the sole purpose of suing me legally now that I'm a working class citizen again.8-)

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12. The collection agency has agreed to take payments. Do I have to sign a contract?

You don’t have to sign any contract with a collection agency. However, if the collection agency wants the payment agreement to be in writing, they have the right to require you to sign a contract as a condition of accepting payments. This can be a protection for both of you as long as you make the payments under the contract.

If you make your payments on time and pay the agreed amount, the agency cannot change the way they are collecting the bill or demand more money. But, if you fail to make the payments according to the contract, the collection agency could then demand payment of or sue you for the entire remaining balance, not just the defaulted payment.

The contract may also be in the form of a promissory note. These are both legal documents by which you will be bound — do not promise more than you can pay, and do not sign one just to appease an agency. A contract is a legally enforceable agreement.

13. What about oral (unwritten) payment plans?

The same conditions apply to unwritten agreements as do the written agreements. Both are contracts between you and the collection agency.

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That is exactly what did happen....I agreed to pay one amount but when the agreement came it was $18000.00 plus interest over 15 years of payments. The original amount was $8500.00 and I don't even think that was right. I told them forget it I'm not agreeing to that that's ridiculous...

Although you made a verbal offer to enter into a contract, the fact they sent out a written acceptance different from your offer would be seen as a counteroffer. Since you did not accept the modified agreement, no contract exists, recorded phone conversation or not. This is called the mirror image rule. An acceptance cannot change the terms of the initial offer to be valid.

Do you still have the papers they mailed you?

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quote "*IF* the conversation was ever recorded...and I doubt it was...because they would have to inform you it was being recorded...you could always say you agreed to pay X amount and they sent you a contract with XX amount."

That is exactly what did happen....I agreed to pay one amount but when the agreement came it was $18000.00 plus interest over 15 years of payments. The original amount was $8500.00 and I don't even think that was right. I told them forget it I'm not agreeing to that that's ridiculous, I think they just wanted my sig. for the sole purpose of suing me legally now that I'm a working class citizen again.8-)

I would not speak to them on the phone again...all communication you have with them, needs to be in writing sent via CMRRR. I'm a believer in CMRRR.

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