Collection place sent back payment, cause they want it paid in full? is that right?

[ttistin]

Dh has an old bill that got sent to collection, we have been paying on it. Yes there was a few months we forgot to send them something, but we were paying on it. It is now down to $45.00, dh got a phone call just last week asking about it. She said she wanted it paid in full by the end of this month, Dh said we cant do that, but we will send them something on it by the end of the month. She had a really bad attatuide about it but oh well :rolleyes: So last saturday I sent out a money order to them for $10.00 Today we get the money order back. Dh just called and the guy was saying that he has been in this buisness a long time and he can send it back if he wants, dh asked well seeing how you sent it back does that mean it is paid in full? guy had a really bad attatude, said Well No! It means I want it paid in full. Dh said something about talking to his lawyer, guy said "you go get him then" and hung up on dh.

Now what do we do??

I am tempted to send back the money order and include a note saying if they send it back then this is paid in full.

Geeze we just dont get it, we are trying to pay this off. why do they have to act like this. we have never had anyone send a payment back before, we are just confused about this.

Help please :(

[freeby4me]

If its a collection agency they have no right what-so-ever to send it back. Geesh, If I were you I would tell them to take that 45.00 and send it where the sun dont shine for treating you that way. Tell them money dont grow on freaking trees and you're trying to be nice by sending them 10 instead of NOTHING AT ALL. :mad: :mad: :mad: I better walk out before I get real mad :(

[zitra]

It might not be nice, but it is legal. They don't have to accept any payment, if it's less than what they want. It does not mean that the account is paid in full. I found that in some states if you write pain in full in a check then it is considered so, but in some not.

[schsa]

They can refuse it. And they can demand payment in full. However, considering that you don't have it, it is going to be hard for them to get the last payment.

What's the worst they can do to you at this point? Ruin your credit?

[MsLynn]

in some states they do have the law, if they refuse partial payment its considered paid in full, you will have to research your states laws on that one. and if they take you to court the judge will PROBABLY dismiss it because of that. but if they call you again and get hateful.. tell them that yes you do owe the bill you are not disputing that, you have tried paying on it but they won't take it, but that in no way allows them to talk to you that way..(tell them you are recording the calls if you want, that usually makes them more cooperative) and if they get hateful with you again you will hang up and every time they get hateful/threatening you will hang up. you will only talk when they talk to you civilly

[zitra]

in some states they do have the law, if they refuse partial payment its considered paid in full, you will have to research your states laws on that one. and if they take you to court the judge will PROBABLY dismiss it because of that. but if they call you again and get hateful.. tell them that yes you do owe the bill you are not disputing that, you have tried paying on it but they won't take it, but that in no way allows them to talk to you that way..(tell them you are recording the calls if you want, that usually makes them more cooperative) and if they get hateful with you again you will hang up and every time they get hateful/threatening you will hang up. you will only talk when they talk to you civilly

I honestly didn't find anyting the OP posted that was said rude or hateful. He responded that no it wasn't considered pain in full, butthat it meant they wanted it pain in full, and when her hubby mentioned brining a lawyer into the situation, he told him to og ahead and do it and hang up. Maybe he shouldn't have hung up. BUT if I knew I had done nothign wrong, and somone threatened me with a lawyer, I would probably also tell them to do it, and hang up on them too.


This is nothing against the OP..JMO on things.

[MsLynn]

She had a really bad attatuide about it but oh well

guy had a really bad attatude, said Well No! It means I want it paid in full. Dh said something about talking to his lawyer, guy said "you go get him then" and hung up on dh.

:(


this is what i considered them being mean and hateful, (like collectors have a reputation for being) and JMO a bad attitude is rude

[zitra]

this is what i considered them being mean and hateful, (like collectors have a reputation for being)

I guess I take that differently than you....It's like a conversation I had with my BIL..I had watched his girls 5 days straight. He was to pay me $20 a day. I asked him tp pick my kids up frm school for 3 days a week later when I was sick, and when he dropped them off on the 3rd day, he said "I guess we are even now then? OF COURSE NOT! Your drove my kids 5 min, from school, you owe me $100!!

I see it more as they guy was surprised at being asked if a debt that the person owed was paid in full becuase they didn't accept a check sent to them, and speaking out of shock, like "of course it's not paid in full", as an example...

[ezmoney163]

My DH owed money on a 4 wheeler. ALOT of money!! The thing was brand new when he bought it. We moved in together about a year after the purchase and I never paid a cent on it because his mom had the payment book and never gave it to us, just kept it saying she would pay it blah blah ablha. We get a bill saying we need to pay on it because it wasin collections. OK no problem, we set up a payment arrangement witht he credit center and then they went out of business, we got sent to another credit center, ok paid on time with payments, cool, they go out of business, get sent to yet another agency, set up new payments because DH got a better job, paid every month, and then all of a sudden we get our check returned to us. I am like WTH!! SO we call the company, guess what!! No longer in business either. At the beginning of last year we get a letter, now it has been more than 5 years since our check had come back, saying if we didnt make a payment to XXX company that we would have to reflect on our credit. UMM you sent the check back to us, we didnt even know who the new holder of the debit was. The gentleman we spoke to was really nice, he said ok lemme check something out, he called us 3 days later, first since the check was refused and it was in the amount the debit agreeement was, it was considered paid off, secondly they took it completely off our credit record since it wasn't our fault they refused our payment. (The really sucky part though is they also lost the title in all our this mess, so we have our 4 wheeler, no title, but it isn't reflected on his credit.

[Tasha405]

I thought that if they accepted the first payment that they couldn't refuse any after that? Maybe as long as it was as much as the very first payment or something like that. I don't know, I think I just confused myself. LOL Anyway, good luck getting it taken care of. :)

[zitra]

I thought that if they accepted the first payment that they couldn't refuse any after that? Maybe as long as it was as much as the very first payment or something like that. I don't know, I think I just confused myself. LOL Anyway, good luck getting it taken care of. :)

In some cases, and in some states if you send in say $10, and they cash it they have to accept that as the payment amount each and every time. If they don't accept that as the amount of payment, they can send it back, and demand a different amount, or payment in full. They only have to accept a certain payment amount if the amount was agreed upon.

[Tasha405]

In some cases, and in some states if you send in say $10, and they cash it they have to accept that as the payment amount each and every time. If they don't accept that as the amount of payment, they can send it back, and demand a different amount, or payment in full. They only have to accept a certain payment amount if the amount was agreed upon.
Yeah! That's what I was trying to say. :o LOL Thanks. :)

[Gitty]

[Your Name]
[Your Mailing Address]
[Your City/State/Zip]


Certified Mail, Return Receipt Requested # [Insert the Certified Mail Receipt Number here]



[Insert today's Date]


[Insert name of collection agent, if available]
[Insert name of collection agency]
[Insert address of collection agency]
[Insert City/State/Zip of collection agency]

REF: Account # [Insert either the original account number or the collection agency's account reference number here]

Dear [Insert name of debt collector calling--if available--here]:

You are hereby notified under provisions of Public Laws 95-109 and 99-361, also known as the Fair Debt Collection Practices Act, that your services are no longer desired.

You and your organization must CEASE & DESIST all attempts to collect the above debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission and the [Insert your home state here] Attorney General's office. I will pursue all criminal and civil claims against you and your company.

Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any telephone conversations that we may have in the future.

Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.

Since it is my policy neither to recognize nor deal with collection agencies, Don't call again!

Give this matter the attention it deserves!

And have a nice day.


[Sign your name here]


[Insert your name here]

[Damnifiknw]

Why would you send a letter to sue a collection agency for calling you, when you are the one who didn't pay your debt? The collection agency is hired by the company to collect a debt. They are not harassing people for no reason at all. Sounds kind of assinine to me to sue over something they are trying to collect from you on behalf of the company you failed to keep your payments up to date with. They could turn right around and sue you for not paying on a debt.

A company can refuse payment if not paid in full. It does not mean in any state in the USA it is paid in full if the company sends your payment back because you failed to comply with the payment arrangements.


Edited to add...my reply is in response to Gitty post.

[tsquared]

Why would you send a letter to sue a collection agency for calling you, when you are the one who didn't pay your debt? The collection agency is hired by the company to collect a debt. They are not harassing people for no reason at all. Sounds kind of assinine to me to sue over something they are trying to collect from you on behalf of the company you failed to keep your payments up to date with. They could turn right around and sue you for not paying on a debt.

A company can refuse payment if not paid in full. It does not mean in any state in the USA it is paid in full if the company sends your payment back because you failed to comply with the payment arrangements.


Edited to add...my reply is in response to Gitty post.
i tend to agree to an extent......however being rude and acting as the collection agency person did is not the answer to collecting the money. These people made an honest attempt to pay some of it off and not just neglect the whole thing as so many do now days. I would make copies of the money order, the return envelope with return date on it and write out a letter to the company stating that the rest will be paid by a reasonable date and make copies of it too and then mail it all back to them. $45 is not an amount that anyone should consider a lawyer for. A lawyer and lawsuit costs well more than the $45 in question.

[EricsnKy]

OP - I advise that you seek help from those that are more knowledagable in this field such as those at www.creditboards.com



This is not directed at anyone inpaticular and not meant to offend, but people shouldn't really be giving advice on matters such as these if they are not 100% confident that what they are stating is correct. Credit and dealing with these collection agencies is serious business. A couple of mistakes and you're up the creek without a paddle. Especially when you begin mailing letters threating to sue, etc.

Seek the advice of those who can lead you thru this in the correct way @
www.creditboards.com

[zitra]

i tend to agree to an extent......however being rude and acting as the collection agency person did is not the answer to collecting the money. These people made an honest attempt to pay some of it off and not just neglect the whole thing as so many do now days. I would make copies of the money order, the return envelope with return date on it and write out a letter to the company stating that the rest will be paid by a reasonable date and make copies of it too and then mail it all back to them. $45 is not an amount that anyone should consider a lawyer for. A lawyer and lawsuit costs well more than the $45 in question.

I agree with you tsquared..it just seems that nowadays, if a creditor calls trying to collect a debt, that the first words out of anyone's mouths is send a cease and desist letter.

[EricsnKy]

Why would you send a letter to sue a collection agency for calling you, when you are the one who didn't pay your debt? The collection agency is hired by the company to collect a debt. They are not harassing people for no reason at all. Sounds kind of assinine to me to sue over something they are trying to collect from you on behalf of the company you failed to keep your payments up to date with. They could turn right around and sue you for not paying on a debt.

A company can refuse payment if not paid in full. It does not mean in any state in the USA it is paid in full if the company sends your payment back because you failed to comply with the payment arrangements.


Edited to add...my reply is in response to Gitty post.

People sue collection agenices everyday. Consumers have rights under the Fair Credit Report Act (FCRA), and Fair Debt Collection Practices Act (FDCPA). Violating one of these many rights given to the consumer by law constitues suing.

It really amazes me that you say "these people aren't harrasing people for no reason at all." Thats exactly the point - harassment is illegal. Yes by all means try to collect on the account in a reasonable and lawful way. Bypassing the boundaries set by law, including harassing a consumer, is illegal and punishable in civil court.

:D

[schsa]

I just helped one of my employees out with a credit problem. The collection agency pretended that they were the from the creditor and basically lied to him. Telling him that they wanted $40,000 right then. When they called back the next day I took the call and I ended up in a yelling match with the woman on the other end of the phone. I told her that he was not to take personal calls at work and she told me that she could call him anywhere he was (lie 1). She asked to speak to his supervisor and I told her I was it. Then she wanted to speak to my supervisor and I told her no that we didn't accept these sorts of calls and she told me that she had the law on her side and she could talk to anyone she wanted (lie 2). Then she went on about what garnishing his wages and I told her she couldn't do that in the state of SC ( lie 3). I pushed every button I could and I did everything short of calling her a liar. In the end she hung up on me.

I had my employee send a cease and desist letter and then we dealt directly with his creditor. It worked out wonderfully.

There are people who blatantly do not pay their bills and don't care. Then there are people who end up without jobs or become ill or something else happens and they do their best but they can't always make those payments. It is those people who I feel for. Collection agencies basically harass and lie to get that money because they get a percentage or they have bought the debt for pennies on the dollar and they are going to profit if they can intimidate enough people into paying them something. It's like dealing with vultures. You are better off sending a cease and desist letter and then contacting the creditor directly to make your payments. Your creditor want their money but at this point they will negotiate to get paid. Collection agencies will walk over your cold dead mother to get the pennies off her eyes.

[karenc001]

you may want to check your own state on this, but if an agency refuses a payment of anykind you become free and clear of that bill. it has been true for me and others I know. They billes my brother 5000.00 fo labor and del.
he sent in 15.00 they sent it back and now Free baby bill.




If its a collection agency they have no right what-so-ever to send it back. Geesh, If I were you I would tell them to take that 45.00 and send it where the sun dont shine for treating you that way. Tell them money dont grow on freaking trees and you're trying to be nice by sending them 10 instead of NOTHING AT ALL. :mad: :mad: :mad: I better walk out before I get real mad :(

[MOM2B2003]

There are people who blatantly do not pay their bills and don't care. Then there are people who end up without jobs or become ill or something else happens and they do their best but they can't always make those payments. It is those people who I feel for. Collection agencies basically harass and lie to get that money because they get a percentage or they have bought the debt for pennies on the dollar and they are going to profit if they can intimidate enough people into paying them something. It's like dealing with vultures. You are better off sending a cease and desist letter and then contacting the creditor directly to make your payments. Your creditor want their money but at this point they will negotiate to get paid. Collection agencies will walk over your cold dead mother to get the pennies off her eyes.

AMEN to that!!! I think that is THE BEST point of this whole thing!! Bad things sometimes do happen to good people. And good people WANT to pay their bills/debts, but cannot always do so.

[justinenycole26]

People sue collection agenices everyday. Consumers have rights under the Fair Credit Report Act (FCRA), and Fair Debt Collection Practices Act (FDCPA). Violating one of these many rights given to the consumer by law constitues suing.

It really amazes me that you say "these people aren't harrasing people for no reason at all." Thats exactly the point - harassment is illegal. Yes by all means try to collect on the account in a reasonable and lawful way. Bypassing the boundaries set by law, including harassing a consumer, is illegal and punishable in civil court.

:D

ITA! Eric, I think you are the one that directed me to creditboards a long time ago. Actually, you were replying to someone else's post and I clicked the link. Anyway....
Just because someone owes money does NOT give collectors the right to disregard the FDCPA and the FCRA. The laws were put in place for a purpose. I have seen so many stories of collectors threatening to send people to jail, harassing people's children, neighbors, etc. It is disgusting. Consumers should know their rights. Until people become a little more educated, collectors are going to continue what they are doing with no consequences.
And BTW Damnifiknw, consumers have the RIGHT to refuse to deal with a collection agancy. Why should they be made to feel guilty because they are using the right that was given to them?

[ttistin]

They can refuse it. And they can demand payment in full. However, considering that you don't have it, it is going to be hard for them to get the last payment.

What's the worst they can do to you at this point? Ruin your credit?


that is kinda the point, dh wants to take care of this. He just got everything cleaned off his credit {that is how we got our car} and he doesnt want anything else bad on his credit.

When the lady called last week, dh told her we couldnt send it all out at once. He told her he is the only one working, supporting 3 kids and a wife and has other bills to pay. We just cant do it all at once, she went off saying that he had better send it all by the end of the month, dh told her we would send her something on it.

[ttistin]

I honestly didn't find anyting the OP posted that was said rude or hateful. He responded that no it wasn't considered pain in full, butthat it meant they wanted it pain in full, and when her hubby mentioned brining a lawyer into the situation, he told him to og ahead and do it and hang up. Maybe he shouldn't have hung up. BUT if I knew I had done nothign wrong, and somone threatened me with a lawyer, I would probably also tell them to do it, and hang up on them too.


This is nothing against the OP..JMO on things.


I understand what you are saying {and I have no idea why dh said anything about a lawyer :rolleyes: Men! lol}

But this guy {and the lady last week} were very rude, dh is a calm guy. he doesnt get upset easly, by the end of both converstions he was very upset. To me if they want money then shouldnt they be a little nicer and work with us? it isnt like we said we werent going to pay anything on it.

[ttistin]

I thought that if they accepted the first payment that they couldn't refuse any after that? Maybe as long as it was as much as the very first payment or something like that. I don't know, I think I just confused myself. LOL Anyway, good luck getting it taken care of. :)


We were sending them $5.00 as payments toward it, now we send them $10.00 and they send it back :rolleyes: Guess we should have stayed with the $5.00 LOL J/K

That is kinda what I was thinking too, as long as they accepted a payment, and the following ones were not less then that, they had to accept them. I dont know though

[ttistin]

i tend to agree to an extent......however being rude and acting as the collection agency person did is not the answer to collecting the money. These people made an honest attempt to pay some of it off and not just neglect the whole thing as so many do now days. I would make copies of the money order, the return envelope with return date on it and write out a letter to the company stating that the rest will be paid by a reasonable date and make copies of it too and then mail it all back to them. $45 is not an amount that anyone should consider a lawyer for. A lawyer and lawsuit costs well more than the $45 in question.


That is what I was thinking, make copies of everything and mail it all back. I was going to include a note saying something like we are trying to pay this off and it will be paid off as a reasonable time and that if they send this payment back again we will consider this dept paid in full.

Is that ok to add? I have no idea we have never been through this before.


Edited to add:

How should we mail this next letter/money order? Just regular mail or certified? Thanks

[schsa]

Send it certified so you know it didn't get lost.

[ttistin]

Send it certified so you know it didn't get lost.


Thank you

[PrincessArky]

I have been exactly where you are...........trying to do the right thing and fix the past mistakes and although they rip you a new one when you can't do as much as they would like I conmend you guys for trying

[TX_Cowgirl]

i also had a payment sent back
and someone told me to hold on to it
cause it was proof i was tryin to pay it and they refused the payment...
also she said not to ever pay the collection agency always pay the place it was bought or purchased at...she said she has a book on it i need to read...not sure what it is....now will have to deffinetly check it out

[FreeBnutt]

Why not just contact the place you owe the money to, and ask what the balance is IF there is one, because of 'their' collection agency sending your last payment back. Say you show, by your records you still owe the $45.00. Go from there and just deal with them. Maybe you can make a 'final payment' with them and negotiating the balance. Eliminate the interest? Alot will take the lower.

I've done that, and saved alot of money when the medical bills went to collection.

[zitra]

Why not just contact the place you owe the money to, and ask what the balance is IF there is one, because of 'their' collection agency sending your last payment back. Say you show, by your records you still owe the $45.00. Go from there and just deal with them. Maybe you can make a 'final payment' with them and negotiating the balance. Eliminate the interest? Alot will take the lower.

I've done that, and saved alot of money when the medical bills went to collection.

Yes, I think you are right, but also remember sometimes the oringinal creditors SELL these debts to collection agencies, in that case you have to deal with these agencies anyway.

[CjBornFree]

Bumping this, Wendy, my daughter showed it to me and I am going to use the letter for dept collectors to leave me alone!!

Thanks for the info!!

[booker'sbaby24]

Once your bill has been sent to collections most companies won't talk to you about the bill anymore. you have to strictly deal with the creditors at the collection agency!! I know from experience me and hubby filed bankruptcy a few months ago.

[Dizzyontheweb]

I work for a place dealing with medical bills. If your acct goes to one of the collections, we advise the person to call the agency directly. While we can view the acct, we can not do anything with it. It becomes their account. Some places, no longer even have it in their systems.