Have Legal Questions? Ask a Lawyer Now.
A few years ago with all the increase of the CC% increase we simply could not make the payment so I called each CC company to renegotiate. For this one they closed the account and made arrangements for ~$350/ mo payments with 0% then they stopped sending statement, when I called they said it has been reassigned. That was 8 months ago. No judgment or other legal action has occurred yet.
Richard,Thank you for your follow-up. Have you attempted to send further payments to them, or otherwise attempt to get them to take the money, or did you stop attempting to pay within the past 8 months?
I called them back in Jan. they said they could not give me further information and it would be reassigned, someone would contact me.
Sorry i'm not clear.
During the original renegotiated period (I believe 2 years) it was assigned to a (credit card owned) collection agency.
I set up a agreed amount automatic payment for the (2 year) period and they said to call back to reassess the loan after the period was up.
When I called them back they said they did not own the loan anymore and to call the original CC company.
When I did, (jan 2013)the CC company said someone would contact me and to just wait.
No statements were sent during this period.
Pheww... Yes sir :) You make it sound so much better :) That is the situation.
Thanks for your patience.
Richard,No problem :) Sometimes it is just a question of semantics. Speaking of semantics, that claim above should be the means by which you contact the new law firm. Typically you remain liable for the debt, regardless as to whether or not you are in touch with the creditor or not. Here, since you did reach out and were told to wait, that could be a reasonable assumption which means that the lender could not demand interest during that period of time as they themselves failed to pursue the debt. This is also why I was asking if you were making payment or attempting to--that would go toward claiming that you were attempting to act in good faith even if they weren't available.You obviously still have a duty to pay, but you can contact the law firm and offer an another payment plan as before, point to the fact you paid it faithfully, and would have continued to do so if the terms did not cease. Or you can offer them a request to pay off the debt in full by offering them a lump sum payoff. You can offer them 40 cents on the dollar, and negotiate up. I have seen payments at 30% but typically lump sum payments are granted at around 60-70% of the full balance.Hope that helps!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).