Hello all,
I need some help. I have an account that was through MBNA that I defaulted on. I owe about $5700.00. The account was turned over to their collection agency (Portfolio Recovery Associates). After playing phone tag with these people to set up some sort of payment arrangement ($100.00 per month is all I can afford). I decided to send payments to them through their website. After two months of making payments of $100.00 per month. I received a letter from their "attorneys" (Eskanos and Adler) basically stating that if I didn't make contact with them to set up arrangements that was satisfactory with their client, that I will face arbitration.
I contacted E&A and spoke to the gentleman was in charge of my account about making some sort of payment arrangements ($100.00 per month) and was told that in order to not to face any further legal action I would need to pay 20% immediately followed by monthly payments of 10% per month (this would amount to about $475.00 per month which I cannot afford).
My question is this: Should I not make a $100.00 payment as I have done in past and wait for the litigation? Or should I send a payment and hope that by doing so, it would possibly prevent my wages from being garnished.
Thanks for any advice!
Chris
As you have been contacted by the lawyers what you can do is explain and discuss your situation with them. Money cannot be squeezed out if you dont have the capacity. I think you need to take some legal advice. Im sure someone in the forum can explain in a better way :)
How can they do this if you have been making regular payments? Some money is better than no money, right? I have a card that will soon go to arbitration, probably in the next thirty days or so. Not looking forward to it, have no idea what to expect. I just hope my side of the story will be heard.
Chris
Chris the amount that they are asking for is set forth by the client MBNA.
All that E&A is doing is what the client wants. And doing so they are following the guidlines. You may want to seek legal council to help you negociate.
Eskanos & Adler
To Chris:
Eskanos and Adler do not make arrangements other than what they have already told you. They are pretty much hardline and will take you to court. They will also garnish your wages if they receive a judgement against you. If they take you to court, make sure you GO and let the judge know that you have sent payments (have proof) in good faith of what you can afford. If you don't go, expect to be garnished. I believe they can garnish at 25% of your income. Also, in my experience with them, after they receive all their money from the garnishment, they will NOT report to the credit agencies that your judgement was satisfied. In addition, expect to receive another letter from them saying that you owe another amount. This firm is only after your money and could care less what kind of hardship they put on you.
Eskanos and Adler
They will garnish you and seize your bank account depending upon the collector you get. I have two accounts with them. They seized my account and then wanted the full amount to release the hold on my bank so now I have overpaid the amount that was in my bank. I am hoping I get it back but who knows. This has been horrible. I borrowed money to pay them off.
Do not pay Eskanos a dime
Like many of you, i have dealt with these people and was issued a judgment after contacting their office in an attempt to settle the debt. They issued a money judgment against me by seizing my bank account. Upon realizing that they have done this-i immediately closed my bank account and dealt with the levying officer (in California, it is the Sheriff's dept) directly while continously sending correspondence to E&A (via certified mail with return receipt) of my intention to settle this debt. Now, this debt has been satisfied and I will continue to clean up this mess by actively seeking advise on how to remove this negative mark on my credit report. I am sure there is a process in place where you can submit to credit reporting agencies copies of release indicating this debt is paid off.
eskanos adler
seek legal advice quickly this company is harline and even if you prove yourself right they will drag you through every court hoop they can
Even if the debt is paid off in full, it will stay in your credit report for seven years and six months from the date of your last missed payment. The negative listing can only be removed by a pay for deletion agreement and this agreement is made only before you make the payment. Now since you have already made the payment, there is no use in sending a PFD letter. Moreover, the judgment against you have also lowered your credit score which you cannot remove before 10 years. The only way to improve your credit score is to improve your credit history. Credit history can be improved if you have a credit card. If you do not have a credit card, you can go for secured credit card because with a low credit score you cannot expect to get an unsecured credit card. You need make regular purchases with the existing card and repay it on time.
Collection not valid
File #: [file # removed as per forum rules]
RE: Riverwalk Holdings Assignee of US Bank -
To whom it may concern:
I do not know what this debt related to. My parent are all receiving phone calls (269-683-6186) on my behalf.
Please cease contacting my parent and only correspond with me via mail. Thank you.
John Milletics
[address and phone number removed as per forum rules]
[please avoid giving personal details while posting for safety reasons. This is a public forum]
Abstract of Judgment demand
Hi,
I am trying to get a demand to pay through escrow on a lien that was filed on 04/23/01 for $2,971.71, but not able to reach by phone or email EsKanos & Adler, esq? Did another firm take over this firm?
Thanks, Lori
debt
Hi John:
You are mistaken. This is not a credit card site, but is a credit help site. You are required to send the validation letter to the collection agency directly through certified mail.
Lori:
To find out if the debt has been taken over by another firm you need to check out your credit report.
Thanks,
Aaron
This is true. Only two people can report on a deliquent debt, the original lender and the most recent collector. If perhaps the creditor you are looking for is not listed then it may have been recently sold and your report not yet updated. Look under inquiries on your report. sometimes when a new collector takes over an account they will look at your report first.
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tmfO5S Really informative article.Thanks Again. Fantastic.