I made an arrangement with a collection company on a large debt ( $40,000). I paid all the agreed payments in the settlement of$22,000.. Had received nothing in writing but after insisting in the beginning received an email.
When I made the final payment asked several time for a letter in writng confirming this was settled in full...
A few days later I received a letter that acknowledged the payment & had a coupon for $26,000. - Tried to phone ( office closed) so I put a stop payment on the transaction.
The next day when i phoned - they siad I was in default of the agreement & would no longer accept the $12,000 ( i was goingto overnite a money order) . they now needed $16,000 the next day.
It was finally sent to an attorney. I sent them all the emails & information. They told me that was in breach of the agreement & now it would be $18,000+ to settle without judgement.
I am prepared to let this go to court... should i be? Should I figure a way to settle this now? What cna happen? HELP!!!! Please
Do you have a copy of the email that they sent to you? Who is the collection agency? I am wondering if it is the one that I am going to court with. If you have the email and it should be proof enough that you held up your end of the bargain, what a bunch of sharks, please let me know who the company is, I have some web pages that I would like to direct you too.
First off, they have to take you to court to get a judgement. You have to be served.
So, if you have an email from them, and they CLEARY stated that they would accept XX amount in exchange for agreed settlement, then I wouldnt worry too much about it. Let them make the first steps... and go from there.
What exactly does the email indicate?
the details
Hi goodnatured... thanks for your interest and any info you can offer..
the original collection agency was UCB Inc ( website ucbinc.com) in florida.
The attorney is Hunt & Henriques in san jose ( their website it is www.hunthenriques.com)... the original credit card was with citibank..thanks again
the email indicates that therewould be 3 payments :below
UCB, Inc. will agree to accept $10,000.00 as an initial payment on 7-27-07. The remaining portion of the settlement, totaling $22,530.82, must be made no later than
9-27-07 however, a interim payment must be received by our office no later than 8-27-07. If our office does not receive an interim payment by 8-27-07, and a final payment by 9-27-07, your settlement will be null and void and the balance in full will be due immediately.
UCB, Inc. cannot extend any settlement offer greater than 60 days from the day of initial payment.
------------
The last payment was submitted as agreed. I have the bank statement to show proof of funds --- there was no other communication in writing or email since the july 27th letter... The only other communication was the letter in writing that said there was $26,000 still owing with a receipt for the final $12,000 payment.
UCB said they told me verbally that there system automatically generated that letterwith the coupon for $26,000. I told them I was not aware of there standard procedures and all I know is i received in writing a letter that said I owned $26,000 after being told it was to be settled in full.
I offered to do a wire-transfer or overnight the $12,000 but they refused to accept it and I requested all communications in writing -- they called me about 6 times that morning... I only received the repeatedline that I did not fulfill my agreement and the agreement was null and void.
For one thing stay off the phone with them.... Check you caller ID and if they call dont answer...
First off, where is their proof that YOU OWE THEM? (btw. I am not trying to yell at you---just trying to make a point). They have to prove that you owe them... And from what I am reading, they havent.
So what if they turned it over to a lawyer?? They are just trying to scare you... From the sound of it..
If it was me, I would go tell them to pound sand until they can prove it in court. And not some kangaroo court arbitration crap either.
Make them prove everything... Its not your job!
Just my .02 cents...
How old is this debt?
Hi Cyndi,
Without valid documents (here I mean letters and written communications), you should not have made any payment to them. As it is you have done it now...d not go ahead and pay a single penny to them unless they have a valid reason to ask for money. You have paid the settlement amount and you dont need to pay anything else. Of course you can sue them now as you have papers to prove payments.
Laura, OP did not make all of the settlement payments: she stopped payment on the last check.
Yes I noticed that after I replied. But can they demand more than the settlement amount?
If OP sued for breech of the settlement agreement, OP might have lost...the CA likely would have argued a bona fide accounting error.
Since OP stopped payment on a check, she breached the settlement agreement. From here on out, the CA is not bound to the terms anymore and they can pursue whatever amount they want.
h&h
i just started getting an automated call/message from Hunt & Henriques, once a week for the past 2-3 months. presume they're chasing after stale debt
I think you are same Keith from Los Angeles who has given a ripoff complaint. right? If the debt is really old I dont find it prudent to reopen it. You never know how much they ask for.
However in case you are someone else you can always call up. If they inform regarding any debt then ask them to provide a debt validation.
Morningstar is absolutley correct...
After thinking about it; if she made a payment, then the courts will more then likely see that as a acknowledgement of owing the debt. In addition, agreeing to repaying the old debt. Once an installment was paid, any missed payments, for whatever reason, would most certainly be viewed by the court as a breech in the contract just as Morningstar indicated..
Since we are not lawyers (just guessing), I would recommend the OP go to the NACA.net site and see if she can obtain a lawyer. If not, at least point her in the right direction. I believe she is at the point where legal advice would be very advantageous to her and the situation...
Just my. .02 cents worth
Has become a real mess now, looks like you have gotten some pretty good advice here, you should follow it and get an attorney.
judgement
i think they are trying to rip you do you have any thing for the first agreement?if so make documentation of all imfomation and phone calls the phonw company can get record of the calls you made. good luck this can be a tuff problem all depends on how much you have to lose.
Hunt & Henriques
I too have received a call from Hunt & Henriques regarding a legal matter in their files. I find it odd that the number I'm asked to call is not any of the numbers on their site, but rather an 866 number. punch that number into gfoogle and a rip-off site is top on the list with similar issues.
Be careful guys they will sue you they served me for Citibank it seems that they only deal with them but anyways be carfeul they will sue and everytime you call them make sure that you wirte down dates and times becasue i had a question in regards to the So called Settlement letter that i received and they NEVER and I mean NEVER call you back you have to threaten with your lawyer then they will call you back beacuse accoringto my lawyer if you call them it is showing that you are trying to rectify the situation and if you have records of all call made an any that they returned and how long it took them to respond they can be in breach of contract and you can consider the debt paid at that point so just keep good records with these people...