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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 101557
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Anyone, are you available now? Smoot

Customer Question

Anyone, are you available now? Jack Smoot
Submitted: 5 months ago.
Category: Consumer Protection Law
Customer: replied 5 months ago.
Looking for help from any consumer protection lawyer. In 2012 a collection agency acting on behalf of capital one and myself came to an agreement for repayment of what was originally a 5837$ debt. The debt was reduced to $4607 and I commenced to pay each month through 2012 on time. 5 months went by before I paid again in 2013 then 2 more months, then 2 more and I was told when I paid on 9/25/13 that my balance was $907. On 12/05/ 2013 I called to make a payment and was told that a payment would not be accepted because I had fallen out of the terms of my payment plan (late payments) and the debt was restored to full balance of $5837. Within a month a judgement was filed against me that I now need to clear off to refinance my home. My credit is now good. Also within a month the law firm/collection agency merged with another firm and I suspect they liked my account at a higher number on their balance sheet. Isn't it the case that when they took payments late from me it established an agreement outside of the confines of the original agreement? Didn't they do wrong by not continuing to take my payments? Thanks Jack
Expert:  Ely replied 5 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
Isn't it the case that when they took payments late from me it established an agreement outside of the confines of the original agreement?
No, this is not true. Just because they took a late payment does not mean that the original contract was re-negotiated. Unless you can prove a re-negotiated contract, the original still applies.
Didn't they do wrong by not continuing to take my payments?
I am afraid not. Once the owner defaults, the lender may stop taking payments and file suit, if the contact allows it.
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