Not sure how to make arrangements with collection companies

Submitted by Anonymous (not verified) on Thu, 08/05/2010 - 00:38

I've spent hours upon hours (and days and weeks) scouring the web for advice, and I'm still just unclear on what I should do in my particular situation, so I hope someone might be able to help.

Background: I went back to school in my early 30's to get a graduate degree (currently half way through, so I don't expect income for 2 more years). After 10-15 years of great credit history, for various circumstances I made a few late payments, resulting in my APRs immediately jumping up from lifetime fixed rates of 1.9% and 3.99% to default rates of 22-29%. The minimum payments also jumped way up, to amounts that were literally impossible for me to pay while in school. I contacted them and indicated that I fully intended to pay my debts in full and tried to get the APRs lowered, and when that failed, I tried to enter a payment plan, but I apparently naively gave them too much information about my temporary minimal income due to being in school (they said you needed a certain amount of income to qualify for the hardship payment plan arrangements), and shortly after having called them to try to make good on these two accounts, both appeared on my credit report as "charge off, bad debt". I called the CC companies saying again that I had full intent to pay my loan in full, and had only asked if they could lower the APR and minimum payments similar to what they had been before, but they said I couldn't deal with them anymore because now these other companies were in charge of the accounts.

So, now, I'm baffled about how to go about making a payment arrangement with the companies currently 'handling' my accounts. I'm now unwilling to talk to them on the phone after stupidly giving them a payment over the phone when they promised that would "bring my account current and prevent charge-off" This didn't change anything as the account was in fact charged off or. One of the companies is Creditor's Interchange (from my Chase account), and the other is United Recovery Systems, LP (my citibank account).

So here are my questions/concerns:

1) As far as the "pay to delete" arrangements I've been reading about, is this even relevant/possible for my case, since the "charge off/bad debt" was put there by the original CC companies, which I apparently can no longer deal with or pay? The two collection companies I mentioned haven't put anything on my credit reports yet, so there is nothing of their own reports to delete/retract, unless they can work with the CC companies to arrange for a pay to delete?

2) Is there any precedent and/or possible way for the CC to 'take me back' so I can deal with them (again I'm happy to be responsible for the full amount, just can't afford the 30% APRs and super high minimums). Again, I'm guessing no, if they 'sold' the accounts.

3) Despite my desire to pay the original creditor the full amount I borrowed as this is only fair, it totally bothers me to pay my original full amount to some totally different company who may have bought my loan for half the amount or even less, giving them a huge undeserved profit and leaving my credit report besmirched with the 'charge-off/bad debt' even if I actually ended up paying the debt in full after all! Seems totally unfair. (Unless the charge-offs could be deleted completely from my credit report, which again, I'm not sure is possible?)

4) Off all the sample template letters available online, which would are applicable and recommended for my case?
-Pay to delete?
-Verification of loan? (the CC companies told me which collection companies were now in charge of my loans, so I know they are 'valid')
-Request for documents so that I know how much they bought the loan for, so I can pay them a fair amount (if there's no way to pay my original CC company anymore)? I don't mind them having a reasonable profit for their risk, but if they bought the loan w/o my consent or knowledge for like pennies on the dollar, I'm just not okay with them getting 100% of the amount that is truly owed to the CC company.
-A payment arrangement offer letter?

One other note - I can't do a bulk sum settlement, as I simply don't have any bulk sum I can pay. I have no choice but to pay a monthly amount.

Thanks very much for anyone who can give me any advice on this!

Hi confused grad student,

I called the CC companies saying again that I had full intent to pay my loan in full, and had only asked if they could lower the APR and minimum payments similar to what they had been before, but they said I couldn't deal with them anymore because now these other companies were in charge of the accounts.

As the accounts have been charged of you will now have to deal with the collection agencies. However, you can still request the creditors to pull back the account from the collection agencies. Only if it's possible, and only if the creditors agree to pull back the accounts, you can deal with the creditors.

As far as the "pay to delete" (PFD) arrangements I've been reading about, is this even relevant/possible for my case

This can only be relevant or possible for you only if the creditor pulls back the account from the collection. Charge-off gets entered by the original creditor. Thus, it is the creditor who can remove the negative item from your credit report.

Is there any precedent and/or possible way for the CC to 'take me back' so I can deal with them

This will depend on the creditor itself, and also whether or not the debt has been sold off to the collection agency. If the creditor agrees to pull back the account, get the agreement in writing. Then, you can request the creditor to agree to a "Pay for delete" agreement.

Again, I'm guessing no, if they 'sold' the accounts.

Yes, this is true. However, sometimes instead of the debt being sold off, creditors do agree to pull back the account.

Despite my desire to pay the original creditor the full amount I borrowed as this is only fair, it totally bothers me to pay my original full amount to some totally different company who may have bought my loan for half the amount or even less, giving them a huge undeserved profit and leaving my credit report besmirched with the 'charge-off/bad debt' even if I actually ended up paying the debt in full after all! Seems totally unfair

Yes, this sometimes can be unfair. Collection agencies sometimes do not agree to debt settlement, and they are not legally obliged to do so. So, you can do nothing about it.

Unless the charge-offs could be deleted completely from my credit report, which again, I'm not sure is possible?

As I have said before, removal off the charge-offs is possible only if the creditors pull back the account, and you pay off the debt to the creditor.

Off all the sample template letters available online, which would are applicable and recommended for my case?

You will need settlement letter, PFD letter, debt validation letter, and payment arrangement letter. You will get the sample debt validation letter, and the sample "Pay for delete" letter with this community itself.

Remember to send the letters through certified mail, requesting a return receipt. Also change the wordings of the letters according to your situation. In addition always get all kinds of agreements in writing, and keep payment receipts as proof.

Thanks,

Aaron

Thu, 08/05/2010 - 07:30 Permalink
confused grad … (not verified)

Hi Aaron,

I'm sorry for the delay in my reply, but I just wanted to thank you so much for your very helpful and valuable response to my post. I know my post was quite long and included several questions/issues, so I really appreciate your time in breaking it down and answering every single question I had.

All the best,
less-confused grad student :)

Tue, 09/21/2010 - 19:34 Permalink

Hi confused grad student or rather less-confused grad student you are always welcome to discuss your queries here :)

Aaron

Wed, 09/22/2010 - 11:56 Permalink

I'll tell ya,..it's very it's frustrating when CA's try to come back and "collect" money, from a debt, that is more than 10 years old. These particular debts aren't even on my CR anymore. I've moved two times, since I've had these two debts. How do the CA's get updated phone numbers?

Sun, 09/26/2010 - 11:28 Permalink

sdchargers, if the statute on debt has expired send a cease and desist letter to the collection agency.

Aaron

Mon, 09/27/2010 - 12:09 Permalink