fxtalon

Im not actually sure which part of the board this belongs, but hopefully someone can advise. I defaulted on a cap 1 card. Cap 1 offered to work it out with me, then decided they didn't like my bank and wouldnt accept payment from that bank. They refused all other options of payment, and told me they were sending it to collections, I could pay the collector. So I contacted the collector, an attorney, and made payment arrangements. 3 week later attorney sends me a letter demanding I sign the enclosed "judgement by confession", have it notorized and return it, or he would sue me, even if I am paying the payment arrangement as originally agreed. I fully intend to make payment. However I am concerned he will file the confession, even if I am making payments. Is this just an attempt to get me to sign so he can get a judgement against me NOW even if I am paying or should I trust he will only file the document if I DONT make payment? Either way he is threatening to file a lawsuit under all conditions, unless I sign the document. Also, no legal actions have been taken at all on this account, nothing is pending. Just me making a payment arrangement to pay the debt and the attorney threatening to sue me if I don't sign the Judgement by confession.

I signed a payment agreement and admission, which they then filed in court. I paid as I agreed with them. They then "dismissed as per stipulated agreement". The case was then filed as "dismissed without predjudice". This leaves a remaining amount to be paid, the new collector says they are collecting on behalf of LVNV. This was the same thing as in the beginning, except now it's not an attorney, just a collection agent.

LVNV funding filed against me in court for a passed due Credit One account. I contacted them, and the person I spoke to told me how I could pay the bill: 150 due in 2 days, then 230 a month until November 12, at which point I am supposed to pay the remaining balance. The balance was to be paid through their payment agent. I paid the 150. I paid the 230. Then I received a letter threatening to continue the court case because I had FAILED to make payment. Contacted their payment rep, who told me that I was only supposed to pay 150. Apparently they had sent a legal stipulation for me to sign, admitting all guilt, along with their payment terms, that I was to mail back and they would file with the court. The rep also said that I had agreed to pay 280 a month ( I didn't) and that was why they had sent me a threatening letter. Obviously these people are not keeping up with each other. So rep looked at the notes from when I made the agreement and indeed I had agreed to 230. LVNV filed my admission of guilt and the outlined payment arrangement of 150 a month until Nov 12, at which time their agreement says I am to pay the remaining $298.88. Okay. None of the figures are mathematically adding up in reference to the dates. I have paid 610.00 at this point. Today I received a letter from someplace called "Client services" who says the debt has now been placed with them by LVNV for collections. They have seen be a "debt validation notice". They are requesting that I now pay the remaining amount of the debt to them. What happened to my prior, court filed arrangement? I fully planned to pay the amount in payments, as I agreed to and as is filed with the court. Is it legal to change the terms of the agreement? I cannot pay all at once the remaining amount right now. I don't understand why I have not been notified by LVNV over this, as I was making payments as agreed. The payment agents for LVNV is a law firm. This law firm filed to dismiss the complaint with the court on Sept 20th. The letter I received from the new collection agency is dated September 21. Logically I am guessing since they requested dismissal of the complaint through the court, the payment arrangement they filed is now tossed out? And I am in the position of paying the new collection agency, which is call Client Services? Any advice?

Yes, I caught onto that. I had considered ignoring them on signing their agreement. I didn't think I could pay the amount off before it would actually hit court. Was there something else I SHOULD have done? Or were you taking exception to the possibility I was thinking I got away with something, when in fact I didn't? Thanks.

I opened another checking account with my credit union. That keeps things separate unless I default on the payment agreement. I worked out with their rep to pay 150 almost immediately, then 225 until it was paid off. A week or so later, they sent me a letter, backdated 10 days, saying I had not fulfilled the agreed upon payment. By that time I had made the 150 payment, and the 225 payment. They also indicated to me that they had sent the court legal documents for me to sign, basically making it so they don't have to go to court and legally win the suit, and that I had FAILED to return them in a timely manner. If I didn't do what they wanted, they would continue their lawsuit. So I called up the company again, and spoke to their rep. The guy said I had an agreement to pay 150 a month, and then a larger final amount, but apparently I was actually supposed to pay 280 for the second payment. Which is completely nonsensical. I said I had not gotten their legal paperwork, and to please resend. He said he would do that. Also, he decided, I only have to pay 225 a month. Alrighty. The legal papers came, with an outline that I am only suppose to pay the 150 a month. I am not terribly clever with disputes and while the demand and lawsuit for payment comes at a terrible time, I fully intend to make the payment. I signed their legal papers so they could win their case ( snark) and sent it back to them. I am just going to pay this as fast as I can and that should be finished in the next 6 weeks. Also, they sent me payment coupons and envelopes with the legal paperwork to make the payments. So if I had defied the original insistence of their original rep to make the 150 payment almost immediately, the coupons would have allowed cashiers checks to be sent. Beyond that, this company seems ridiculously disorganized.

Thanks tmcgill! I will definitely check with my own credit union about a second account.

They want me to use an actual check from the checking account to pay them. So they want a check number, the account number, and the routing number. They say on their site that they retain the checking account number and the routing number. To my knowledge, yes I can open an account online, but does that give me actual checks so I can give them an exact check number? No. It will take over a week for an online bank to get me those checks in the mail. I am not looking to complicate this process. I found a credit union that will take immediate deposit, give me a few physical checks, and I can work from there. Please re read my initial post about the 4 or so business day time limit I have before the first payment has to be made. It's not sensible to open up an online checking account that will take days to deposit funds and is unlikely to put actual checks with individual check numbers into my hands. If you know one, tell me. I already have Chime, but I rarely use actual physical checks for anything, so never thought to order any. I am looking for functional advice due to the time limit.

I don't trust them at all. I will need to take a day off work to drive to the only place I can find that may accept me for an account. But it's better than them having access to my regular account. Thanks!

I was able to make payment arrangements for a debt before a collection agency sued me. Literally they have filed the suit and once I made payment arrangements, they then filed a petition with the court to wait 60 days to seed if I make payment. The payment is broken up into 4 payments. In order to make payment, they demand my checking account number and routing number to my checking account. They refuse debit cards 100 % and say the will only accept payment through my checking account and an echeck. First, I don't want them to have ANY direct access to my checking account. Not because I am going to skip paying, but because I think it they have no business have access to my checking account at all. So, my questions is this actually safe for them to have this access, as long as I pay as agreed? After the last couple of years, I am credit challenged so being able to open up another account for this is going to difficult. First payment is due in 5 days. I made arrangements a couple of days ago, late in the afternoon on Friday, so have not had any opportunity to open another account for this.

I inherited my house from my mother. The loan for the house was kept in her name after her death, the house is now in my name. I am self employed. This past year my business ran into troubles, and my income went to nearly nil. Credit to some big dings, and I am in low 600's across the board. I fell behind on the mortgage. I have the money to catch up ( 3000.00), which only came in this past week. I was planning on making that payment tomorrow, but today received notice from the USDA that they are opting to call in the loan on the house. I have until the 4th of January to pay the owed amount of $58,000 or they will foreclose on the house. I don't have 58k. Complicating the matter is the USDA will not talk to me. The estate was recently settled. My Aunt is executor. The USDA did tell me that there are extra papers we need to file to move the house into my management in order for me to talk to them. When my mother died, we sent her death certificate, and verification forms. They do know technically I own the house. I was unable to get ahold of my aunt today. In the letter, the only options for discussing this with the USDA is under the conditions that they made an error in what they are doing. They made no error. Factually I am behind on the mortgage. They offer 1: An informal reconsideration hearing to present "new evidence, new information, evidence, and/or possible alternatives, along with your request". Does that mean if I give them the funds to catch up the arrears, they will not foreclose? I don't want to lose the house. I certainly won't be able to get a mortgage for another one. The only other alternative I know is chapter 13, which seems a bit silly, since I literally only have student loans, and 3 nearly empty credit cards. No car loan, nothing else. Basically $3500 would pay off the cards, and catch the house up. Specifically I just want to know since I have the funds to catch up, will they likely opt to take the payment and stop the foreclosure, or are they probably going to force the foreclosure since I can't pay $58,000 for the entire mortgage.

awesome, thank you

I haven't had a car loan for 18 years. I mainly wanted to know if a 30 day late payment that has only aged 3 months on my credit report would put me in a position of being declined for a loan. Thanks for your response!

I am self employed. There was a change in how my particular business is done, so the business crashed, and I have been in the process of rebuilding it. That is going ok, it's taking longer than I thought it would. I expect things will be very good in a few months. I have been rebuilding credit for years, and recently have had perfectly clean scores across the board. No doubt there have been some extremely close calls, and this past week, I messed up. I was already late on my cap1 card payment, and expected to get both payments before the 30 day late would hit. I have a bank I have been with for about 6 months that I do business with. So in retrospect, I should have been more on the ball, but this is what happened: I called the bank to ask about a deposit that was coming into my account that day and if it would be credited *that day* to my checking account. They verified this was true, so I made my cap 1 payment. Cap 1 hits the the account the next day and bounces out, because the incoming deposited was not credited the same day it came in. For the first time in doing business at the bank, they did not apply the payment to the account right away. If I had been aware of this possibility, I would have shown up at the bank that day and deposited some funds I had in hand. This all bypassed me until I logged into my online banking and saw the funds had not been applied and the payment had bounced. So now it is the weekend, and I have no idea what status quo is. The cap one payment has disappeared from the online record of my checking account, no peep from Cap 1 as of yet, and I will call them Monday. Sorry for that wall of text, simply, I think I will get a 30 day late, and I was planning on purchasing a better car in about 3 months. Current scores a 780, 740, 755. I am guessing an 80 point drop. With a 30 day late in such recent history, what are my chances of getting a car loan.

You are probably right. I simply wasn't aware that they could pull a payment without me initiating the pull.

I have a small loan through a loan company. Usually I make the payment through my bank, with my checking account. A couple of weeks ago, I made a payment with my PayPal debit card. Yesterday I saw that the loan company, on their own, pulled the payment I was to make today, off of my PayPal debit card. My PayPal account didn't have enough for the payment, so PayPal pulled it out of my checking account. End result, is the current payment is made, and I am baffled and irritated they used my debit card to draw the payment. I did NOT authorize the company to use the card. What is this? I talked to PayPal, and they said the loan company had "permission" to use my debit card, since I had used it in the past to make the payment, so they could pull the payment now. Could someone give me more information about this? I have never heard of this before. PayPal did tell me the only way to stop the pull now was to cancel the debit card and request a new one with a new number. I will do that.