Collector is "Double talkin' in Illinois"

[dg1008]

My state is Illinois...

Below is the timeline of what has happened:

I received a letter from Professional Recovery Serviced (PRS) dated 3/11/05 stating I owed their client $1866.58

On 4/5/2005, Miss (blank) with PRS called me regarding this account. At the end of our conversation she accepted a settlement payment of $1050.00 (plus $8.00 for a check by phone fee) on a postdated check which was dated 4/11/05. This was with her 75% assurance that their client Bank would accept that amount as a payment in full.

On 4/6/05, I called Miss (blank) @ PRS & stated that I would have to pull that post dated check due to 2 other credit card companies accepting settlement amounts of $500.00 each with 100% certainty. In addition, as security for me, I also had 2 people listening to the conversation on my end. I asked Miss (blank) when the check clears for $1050 if that will be Paid In Full. She said Yes.

On 4/9/05, I received a letter from PRS dated 4/6/05 stating I owe $515.00 AND to inform me that on 4/14/05 that my check in the amount of $515.00 will be deposited in their bank & thank you for your payment.

On 4/12/05, I called Miss (blank) again & told her of letter. She said I only owed $125.00, not $515.00. I reminded her of her statement to me on 4/6/05 stating the payment of $1050.00 would be payment in full. She now says that her statement was that the $1050.00 would be payment in full, if approved by Mastercard. She also stated she has held the check of $1050.00 for the same reason.

I am confused… on 4/6/05 Miss (blank) said the $1050.00 payment would be payment in full. I then receive the letter dated 4/6/05 that said I owe $515.00 AND thanking me for my payment of $515.00 that will be deposited in their bank on 4/14/05. However, after I talked to Miss (blank) on 4/12/05 she said I only owe $125.00, not $515.00.

What can I do ??

 

[absconder]

Next time on the check make it a contract that by cashing this check they are accepting this amount as payment in full just like an insurance co gets out of liability when a check is cashed.

 

[dg1008]

It was a check by phone, so how do I do that?

 

[Shrike1070]

Yup, you got "victimized" by a collector just like me.

NEVER, and I repeat NEVER, give payment information (post dated check, bank account info, debit card number) to a collections agency without FIRST having them send something to you in writing outlining the details of the agreement you made on the phone. If you don't, it is your word against theirs, and guess who wins that battle, regardless of who you had listening to the conversation on your end.

I got duped by a collector in just the same way. They told me that if I paid xx,xxx amount by x/x/x date via electronic debit then my debt would be paid in full. I didn't get it in writing and I was so eager and happy to have an "agreement" done quickly in order to end the infinite amount of phone calls I was getting per day I forgot all the rules that the veterans will teach you here. These CA's have you by the short and curlies if you don't get anything in writing FIRST. And they will say and do just about anything to get you to cough up that money and your payment info.

Two months later they were still taking money out of my account. When I called them to protest, they said that the "initial" payment of xxx dollars would only cover the initiation of the payment plan. Now I had to start paying $300 per month for 18 months to complete the agreement. I said "WHAT?????". It was basically "sorry Charlie". Now I'm out five figures and having to do the BK route. The bank account is now closed to prevent them from taking any more money out.

 

[dg1008]

I guess I could pull my postdated check for $1050 & go on a monthly pymt plan?

 

[Shrike1070]

Do you have a fax machine or access to one today? You need to call this rep back NOW and get her to send you a letter on their company stationary saying that the original $1050 you agreed upon will be payment in full. Otherwise, they are going to keep nickel and diming you like it sounds like they are already doing. They all have selective memories - and I say that with complete sarcasm - when it comes to phone conversations. You are already experiencing this with the whole $515 vs. $125 thing. Next thing you know, it will be "we need another $100 for payment in full" and so on. She left herself an "out" by saying that Mastercard would have to approve the agreement first. If that is the case, then she doesn't need any of your money yet until the agreement is accepted on their end. Who's to say that MC or whoever won't now say "I'm sorry 1050 isn't good enough, we need xxxx now". But yet, they still have your check for $1050. Would you go to a restaurant that had no prices on the menu and give the waiter a $100 hoping that that is what the restaurant will agree to as your final bill?

If she doesn't agree to send you something in writing with those terms, you should cancel that check with your bank immediately. Don't tell the CA either. You'll have to start from square one with the CA and they will give you a hard time about it, but at least you will have stopped the non-sense and learned a big lesson in the meantime. Get the next agreemment in writing before payment is made!

 

[dg1008]

I'm not even going to attempt to contact the collector... if she's trying to milk me for an additional $125, why should I think that she would give me a pif letter for $1050.00?

 

[Shrike1070]

Good Point

 

[bvh]

The 7 year MAX derogatory listing rule

I live in New Mexico. My question is as follows: When does the 7 year MAX derogatory listing rule start in the following example:

(1). A mythical person, (ie me), misses payments on a debt for four months and then signs up with a Credit Couseling Company.

(2). The person makes payments to the Counseling Company for 10 months but then drops out of the program.

(3). Five months pass before the person settles the debt.

(4). Six years pass.

Question: Does the 7 year rule start at THE BEGINNING OF (1) above? ...or THE BEGNNING OR END OF (2) above? or THE BEGINNING OR END OF (3) above?

 

[Debt Guy]

Please don't hijack someone else's thread. It it rude.

Start a new thread and you will find plenty of people to offer their thoughts and wisdom.

 

[Ladynred]

Next time on the check make it a contract that by cashing this check they are accepting this amount as payment in full just like an insurance co gets out of liability when a check is cashed.

Not gonna work, IL does NOT support accord and satisfaction that way.

DG1008, you need to put at STOP PAYMENT on that $1050. check ASAP !
As stated, you've been had, big time. NEVER, EVER attempt to negotiate with these slimeballs over the phone, all they will do is LIE and suck you in with their bull****.. then turn around and empty your bank account.

If you stop payment on that check, you also need to make sure that the bank doesn't allow any further attempts to get at your account. These slimey collectors will change the check number and the amount by pennies to make it look like a new transaction and they'll nail you if you don't block it.

 

[dg1008]

I stopped payment on that particular check yesterday.

After talking with my wife last night & viewing this thread this morning, I have left a msg with my bank rep to call me back to I can stop any counter checks, etc. from this company.

Thank you for all your input !

 

[dg1008]

You aren't gonna believe what happened today !!!

4/14/05 – Miss (blank) with PRS called my residence & spoke to my wife to inform her that Miss (blank) would be sending a confirmation letter stating the $1050.00 payment would be considered payment in full.

My wife then called me at work due to the fact that I had issued a Stop Payment order on the check of $1050.00. I called Miss (blank) to verify what she had told my wife. I told Miss (blank) that due to it not being clear about what amount would be withdrawn from my account (per letter dated 4/6/05 stating that I owe $515.00 & thanking me for my payment of $515.00 – which I NEVER agreed to), I had issued a Stop Payment order on that check. I told her that if she were able to fax me confirmation today of the $1050.00 payment being payment in full, I would contact my bank & release the Stop Payment order on that check.

Miss (blank) then stated that it would be the payment of 2 checks – one for the $1050.00 and one for the $515.00. I had never agreed to anything more than the post dated check for the amount of $1050.00

Miss (blank) did not realize that my wife was listening on our conversation from the beginning & then my wife informed Miss (blank) that she was in clear violation of several FDCPA regulations. After Miss (blank) asked my wife what violations she was guilty of & my wife was in the process of telling her, Miss (blank) interrupted & stated that my wife was being sarcastic. In my opinion, if Miss (blank) did not want to know what violations she was guilty of, she should not have asked. My wife & I felt very harassed by Miss (blank) stating she was sarcastic and how she told my wife that the $1050.00 would be payment in full whereas she told me that it would be two checks - $1050.00 AND $515.00

Due to the direction of the conversation, Miss (blank) wanted to transfer the call to the director of her company, but he was unavailable. Miss (blank) then offered my wife & I the name of the director – Mr. (Blank). Only after asking Miss (blank) 4 times for his last name, did she finally say Mr. (Blank Blank). Again, my wife & I felt further harassed by having to ask Miss (blank) 4 times for his last name.

As Miss (blank) was ending the conversation, she stated that I had agreed to the $1050.00 and the $515.00, whereas I did NOT. Miss (blank) then stated all the conversations we have had were recorded. My wife asked if it was written or audio. Miss (blank) said they were audio. My wife then asked for a copy of all the audio recordings, to which Miss (blank) replied she was unable to provide those. I am not sure of New Jersey law, but I was not informed by Miss (blank) at any time, during any conversation, that were being audio recorded.

Miss (blank) then said that she marked our file as priority & that the director – Mr. (Blank Blank) would call me on Monday and she ended the conversation.



I have filed an Ill atty gen complaint along with a complaint via the ACA (American Collector Association) since Professional Recovery Services is a member of them.

 

[Ladynred]

When you called this place, were there ANY recordings that said your conversations might be recorded - for ANY reason ?? They cover their butts with this 'this call may be recorded for quality purposes' crap and if you stay on the line, you are agreeing to be taped !!

So, if there was NO SUCH NOTICE about the call being recorded, then they are in the wrong. NJ is a one-party state, that means you do NOT need the other person's permission to tape. However, if PRS is NOT in NJ, and in a 2-party state, that means that ALL parties must agree to the recording. So.. where is Miss (Blank) located ???