Posts posted by maudie
On 12/4/2018 at 5:11 AM, SentMol said:
I read in the Barclays card agreement: “As permitted by applicable law, you agree to pay all collection expenses actually incurred by us in the collection of amounts you owe under this Agreement (including court or arbitration costs and the fees of any collection agency to which we refer your Account) and, in the event we refer your Account after your default to an attorney who is not our regularly salaried employee, you agree to pay the reasonable fees of such attorney.”
So if I file for arbitration and the conclusion is that I do have to pay, will I end up paying more than the original 10k debt?
Bumping for this, since I’m curious too. The above quote is from the “Default/Collection Costs” section of the Barclays Cardmember Agreement. (Underline is mine.)
However, the following appears in the Arbitration Clause: “Under no circumstances will we seek from you payment or reimbursement of any fees that we incur in connection with arbitration.” (Again, my underline)
Does one override the other? And what is the applicable law by which paying the collections fees is permitted?
8 hours ago, cv91915 said:
Need more info. If you're referring to a post in another thread (or another thread altogether), could you please post a link?
Yes, I’m referring to the opinion that lenders for open accounts in good standing become skittish when seeing “settled for less than full” on other trade lines. Here is an example.
PS: It’s my first time linking within a thread, so if it goes someplace other than CB, lmk.
Bump, and a question for the hive mind:
Is this a situation where OP should worry about the recent AmEx approval if the Chase settlement is made?
I’d love to know how this turned out!
Cross collateralize? Not sure. He did have checking and savings with them as well, to the tune of ~$200 total, which he did not get back. Other than that, he had no other products with Patelco.
Hegemony - He has not reached out to Patelco. He was an ostrich until now which is why I’m trying to get him onto these boards. At this juncture does it make a substantial difference if he pays them directly (if he can) or goes through the CA?
Centex- The account charged off 1/2019. But if any notation other than paid in full precludes his doing future business with a company or puts him on a blacklist, he should at least know that when making his payment decisions.
His concern is that if he defaults again, it resets the DOFD. Is that not correct? That’s why I wanted to check the payment plan idea here first. I’m all for him paying what he owes, I’m doing the same thing. I just don’t want him to get screwed in the process.
If he were to get a discount, wouldn’t it likely result in a “settled for less than owed” notation? For my part, I’m getting some offers for discounts, but I may want to do business with these entities again, so I’m planning to pay them in full. Especially as they continue to consolidate.
By “other assets”, you’re meaning other accounts with the OC, as in a savings or checking account? I’ll ask. If that is the case, and there were monies there at the time of charge off, would those monies be used toward the outstanding debt? And if they weren’t, could they be?
The letter is from September of last year, so isn’t the dispute window somewhat closed? Plus I don’t know how much he wants to dispute it, he just doesn’t have the money to pay right now and doesn’t want to get sued.
Based on the wording I believe that it has not been sold - “your file has been forwarded to Tehama for collections” - so given that he wants to pay the debt, I was hoping for some precedence for interactions with these people.
He’s tending toward reaching out and trying to arrange a payment plan, but I’m not sure that’s a great idea and asked him to wait while I checked in here. His credit isn’t really that messed up, but I wouldn’t want this collections tradeline to appear while he’s making payments.
One bit reads “Your file will be reviewed to determine the appropriate action to take in order to secure the balance due and owing. Please take note that action may be taken against you without further notice.”
But other than that it appears more like a collection letter on lawyer letterhead.
“You have 30 days to dispute the validity...”, “This is a communication from a debt collector...”, and the Rosenthal Fair Debt Collection Practices Act wording.
Yes, credit card.
Does anyone have experience with the Tehama Law Group? My friend received a letter from them a couple of months ago for an outstanding debt from a credit union. I’m trying to help him out a bit, but nothing is turning up here. Any input welcome!
He lives in California.
Thanks for the responses, that’s sort of what I thought.
Hegemony, the creditor hit parade includes Patelco, Target, Chase, Barclay’s, and CitizensOne.
Centex, the dates of first delinquency vary only slightly, all being 10 or 11/2018. The amounts due are also fairly similar, approx $4,000, except Target which is $600. I had read another of your posts about the Rule 5000 adjustment, but alas these have been charged off for over a year.
I would prefer to reach out to the OCs for payment over the course of this year instead of going through the CAs currently working the files. Does paying the OC cement the entry to the reports?
Has anyone had luck with a PFD with the OC for a charge off that was still within their state’s SOL? If my reading serves me right, it’s rare (if not unheard of) but I’d be interested to know people’s experiences and how they went about it.
Thanks Shifter and Centex!
Yeah, I was a bit of a knucklehead regarding the timely dispute process, so that’s not an option for me until the accounts are handed off to the next CA who sends an initial contact.
So then for those accounts where the paper is still owned by the OC and they are showing a balance due, if I pay the OC directly, can I reasonably assume that the collections will probably not report? I’ve been reading the pinned thread about paying the OC, and I guess I thought that once the account was charged off and in the hands of a CA there was no way to pay the OC directly even if they still owned it. I understand that’s how it is with a JDB, but I’m talking about when the OC still owns it.
I’ve got several of this kind of charge off now reporting, and I want to at least stop the bleeding, so to speak. If I can avoid adding collections reporting to the mix I’d prefer to do that.
I’m still in the early stages of all this, working the steps, but I’d like to know if this is an option down the line, ideally before a lawsuit.
I have several accounts that have charged off, and various collectors have been reaching out for about a year. It’s mostly just letters, since I don’t answer calls from numbers I don’t know.
I’ve received both my IN and EQ paper reports (TU and EX are on the way) and I cannot find that the collection agencies have reported at all. Most of them are collecting on behalf of the OC however one is a JDB.
Is it common now for CAs to not report? Are they waiting until I pay and have zero leverage? Granted, they may have reported to TU and EX, so I’ll find out when they arrive, I just thought it odd. I expected to see quite a few entries from CAs on all reports.
Anyone else had this happen?
Interesting. Okay, thanks to both centex and IndyPoolPlayer. AmEx did recently lower the limit a little on the Blue, referencing my less than stellar credit as the reason, and my Gold charge is up for renewal next month. We shall see, eh?
Which is the death blow: the original default or is it the settling for less than owed?
On 9/7/2019 at 11:49 AM, IndyPoolPlayer said:
I wouldn't count on Amex being there once these settlements hit your CRA reports.
What do do you mean by this? Does AmEx have a history of dropping folks for settling with other cardholders, even if the AmEx accounts are unblemished?
I’m about to jump in and negotiate with a series of collectors, and am wondering the safest method to pay them? I’d rather not send anything with my signature on it, but money orders are difficult to trace the disposition of, correct? How have others done this, and what do you all recommend?
Experience with MRSBPO?
in Credit Forum
Posted · Edited by maudie