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Can they really get a judgement on this? Help! Please!!!!

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cyndi_schatzmann



Joined: 01 Jan 2008
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Posts: 3



242 Magic Points

Subject: Can they really get a judgement on this? Help! Please!!!!
 
Posted on Tue Jan 01, 2008 10:19 pm  

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
goodnatured



Joined: 03 Nov 2007
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489 Magic Points

 
Posted on Tue Jan 01, 2008 11:01 pm  

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.
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SunDevilsFan



Joined: 09 Nov 2007
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Posted on Wed Jan 02, 2008 2:00 am  

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?
cyndi_schatzmann



Joined: 01 Jan 2008
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Posts: 3



242 Magic Points

Subject: the details
 
Posted on Wed Jan 02, 2008 2:00 am  

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
cyndi_schatzmann



Joined: 01 Jan 2008
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242 Magic Points

 
Posted on Wed Jan 02, 2008 2:08 am  

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.
SunDevilsFan



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Posts: 171
Location: Sunny Arizona


6571 Magic Points

 
Posted on Wed Jan 02, 2008 3:00 am  

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...
Morningstar

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Posted on Thu Jan 03, 2008 2:36 am  

How old is this debt?
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Laura

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Posted on Thu Jan 03, 2008 7:00 am  

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.
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Morningstar

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Posted on Thu Jan 03, 2008 8:07 am  

Laura, OP did not make all of the settlement payments: she stopped payment on the last check.
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Laura

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Posted on Thu Jan 03, 2008 11:27 am  

Yes I noticed that after I replied. But can they demand more than the settlement amount?
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Morningstar

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Posted on Thu Jan 03, 2008 11:16 pm  

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.
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keith
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Subject: h&h
 
Posted on Fri Jan 04, 2008 1:53 am  

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
Laura

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Posted on Sat Jan 05, 2008 8:55 am  

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.
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SunDevilsFan



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Posted on Sun Jan 06, 2008 6:18 pm  

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
goodnatured



Joined: 03 Nov 2007
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489 Magic Points

 
Posted on Sun Jan 06, 2008 9:27 pm  

Has become a real mess now, looks like you have gotten some pretty good advice here, you should follow it and get an attorney.
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Goodnatured,
http://cashinpocket.synthasite.com/
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