In need of advice

[ignorant_debtor]

Questions I have at this point:

1.If my debt was charged off on my credit report, and I pay a collection agency (it's a third party, I believe), will full payment (or, whatever terminology they use) be noted on my credit report by the OC? Does the OC and/or the third-party debt collector have any obligation of noting “paid” on my credit report?

2.In a letter I recently received from the CA it states, “We have been authorized by our client to collect the outstanding amount owed to them.” So in lieu of my first question, does this mean that if I do pay off this debt, the OC would have to note in my credit report that it's paid, since this company is claiming they are the one authorized to collect my debt?

3.Would it be illegal to upload taped conversations I've had with the debt collection agency I'm dealing with to the Internet? I do know in the state of Wisconsin I may record these calls, but I'm not sure about placing them on the Internet.

4.How can I make sure that the payment arrangements I've made with this collection agency will be upheld? They already said in a phone conversation that they won't put anything in writing. I ask because I've read reports on the Internet about this collection agency changing debtors payment arrangements, keeping what payments they have received then reselling the debt to another agency without changing the balance to what's currently/correctly owed. (This is such an unscrupulous collection agency that they're being sued by the state they are operating in.)


Basically, I want to pay off this debt, but I'm worried I'm going to get screwed and possibly continually harassed throughout the six months of making payments, so I'm hoping for any advice on the best way to approach this/protect myself. For instance, would it be better to go ahead and make my first payment while waiting for debt validation as agreed or demand that they validate the debt and put my payment arrangements in writing before sending them anything – considering more than anything I want this paid then noted as such.

Thanks!

[ignorant_debtor]

I almost sent my letter out to not contact me again and for validation, but it occurred to me that since I have an agreement with them for payments that if I send the letter about not contacting me, I will then not be able to continually illustrate by audio recordings how they continually harass me. It is my understanding that according to the FTC, they must have a legitimate purpose and reason to call me. So, if I have payment arrangements with them, and they continually call then that is harassment. I want as many recordings as I can get to illustrate this. It is becoming a game now in which I will win either way because I think it’s in my best interest to let anyone who gives a hoot to listen to actual recordings of abuse of the law. I’m like that – I’ll sink the ship and go down with it if I have to. But I think I should make all payments along the way.

I do think I’ve answered one of my own questions.

[chane]

It'd be best if you broke these questions down into 1 or 2 per thread so that if anyone else has these questions they can find the answer easier and not have to scroll through a huge thread.

Originally Posted by ignorant_debtor

Questions I have at this point:

1.If my debt was charged off on my credit report, and I pay a collection agency (it's a third party, I believe), will full payment (or, whatever terminology they use) be noted on my credit report by the OC? Does the OC and/or the third-party debt collector have any obligation of noting “paid” on my credit report?

No, they don't. It wouldn't really matter that much anyway. Either way it is a negative account. You should be concerned about getting it removed not updating it.

2.In a letter I recently received from the CA it states, “We have been authorized by our client to collect the outstanding amount owed to them.” So in lieu of my first question, does this mean that if I do pay off this debt, the OC would have to note in my credit report that it's paid, since this company is claiming they are the one authorized to collect my debt?

See answer to #1.

3.Would it be illegal to upload taped conversations I've had with the debt collection agency I'm dealing with to the Internet? I do know in the state of Wisconsin I may record these calls, but I'm not sure about placing them on the Internet.

I'm not familiar with Wisconsin state recording laws. Maybe someone else has an answer to this question.

4.How can I make sure that the payment arrangements I've made with this collection agency will be upheld? They already said in a phone conversation that they won't put anything in writing. I ask because I've read reports on the Internet about this collection agency changing debtors payment arrangements, keeping what payments they have received then reselling the debt to another agency without changing the balance to what's currently/correctly owed. (This is such an unscrupulous collection agency that they're being sued by the state they are operating in.)

If they won't put anything in writing, don't pay it. It's that simple. Be pro-active. Ask for debt validation, dispute it with the CRA, etc. There are lots of things you can do to let them know you are not one to be fucked with.

Basically, I want to pay off this debt, but I'm worried I'm going to get screwed and possibly continually harassed throughout the six months of making payments, so I'm hoping for any advice on the best way to approach this/protect myself. For instance, would it be better to go ahead and make my first payment while waiting for debt validation as agreed or demand that they validate the debt and put my payment arrangements in writing before sending them anything – considering more than anything I want this paid then noted as such.

Thanks!

No, it would not be best to make any payments while asking for debt validation. That completely sabotages what you are trying to do. By making a payment you have validated the debt yourself. Once you make a payment you have conceded that the debt is yours.

[chane]

Originally Posted by ignorant_debtor

I almost sent my letter out to not contact me again and for validation, but it occurred to me that since I have an agreement with them for payments that if I send the letter about not contacting me, I will then not be able to continually illustrate by audio recordings how they continually harass me. It is my understanding that according to the FTC, they must have a legitimate purpose and reason to call me. So, if I have payment arrangements with them, and they continually call then that is harassment. I want as many recordings as I can get to illustrate this. It is becoming a game now in which I will win either way because I think it’s in my best interest to let anyone who gives a hoot to listen to actual recordings of abuse of the law. I’m like that – I’ll sink the ship and go down with it if I have to. But I think I should make all payments along the way.

I do think I’ve answered one of my own questions.

You made payment arrangements? If you are paying them, debt validation won't work nor will a cease and desist.

If you have payment arrangements and are paying them, they have the right to call you. It's not considered harassment. What law do you think they are breaking? What are they saying to you?

[ignorant_debtor]

No, I have not made a payment as of yet, and I do realize my rights for debt validation and whatnot: the little things. The real problem I have is Internet reports about this company, and from my own experience how they tell you straight out on the phone they won’t put anything in writing. Like I said, I don’t want to get “screwed.”

I am smart enough to not make a payment until I know what I’m doing, and that is why I am in this forum asking questions. I’m probably even smart enough to sue, but the problem is that I live in the state of Wisconsin, and we have open records. So, you see, it looks bad if I don’t sue first, as in an open mark of me being sued for ANYONE to see. Take that equation away, and I wouldn’t care as much as I do. But I am also a woman of principle, and that can really drive me sometimes, and watch out of it does. I’ve already beat the one lawyer who tried to sue me.

But in the end, I’m growing up now, and I want to pay my debts. I ended up having to have surgery – that led to this. I am well now and want to pay, but not to a company that conducts itself in the way it does. I am better than that, and will expose them if it leads to truth. Only at the same time, I just want peace and to know I can pay and will be treated fairly. Only it seems from your reply that I will not be treated fairly, and that is what I fear.

I will do as you say and write a letter asking for validation before sending anything. But I don’t think I’ll get them to agree to a delete. These people aren’t even educated – those who I have talked to on the phone. It’s just a big game – one I’m sure I could win.