Airing my dirty laundry!

[thewhitewitchone]

Just wondered if anyone has any experience with my "little" problem and can help me out. (Any lawyers in here?? )
Here's the scoop. Due to a lot of factors, I have been having financial difficulties since around January of this year. Because of this, I have been forced to prioritize my bills and have not been able to pay on several credit cards since then.
Wednesday of last week, I recieved a call from one of the credit card banks (I thought) that told me that my account was being sent to a lawyer the next day if I didn't pay. She went on to tell me how they would put a lien on my home, publish my name in the paper, maybe have someone come in and take my things, contact my other credit card companies and "tell on me"..blah blah. She had my credit report there and told me she sees I have a large amount of credit available on two other cards and suggests that I transfer the balance owed to them. I told her I wouldn't be able to make the minimum payment on them if I did that. She starts going over which cards I owe and telling me "Oh, this one won't take you to court" about a bunch of them, encouraging me to NOT pay THEM so I can make the payments if I transfer the balances to my other cards with the available credit. I was so stressed out about being taken to court that I was literally tricked into doing it! Right after I got off the phone with her, I made some calls and confirmed what I already knew....BIG MISTAKE! I then contacted the credit card companies where the transfers were made and attempted to stop the transactions...to no avail. I called both card companies several times since then and warned them that if they did NOT remove the transactions, I would not be able to pay them. It did no good. Anyway, today I recieved in the mail a notice from a collection agency signed by the woman I spoke with on the phone. I had believed the call to be from the credit card company itself but it wasn't. The notice stated that my account soon "may be forwarded to a law firm"....not was going to be tomorrow as she stated to me on the phone. Does anyone know anything about laws regarding this because it seems very WRONG to me. If I could afford a lawyer, I would be going to one right now. Hoping someone can advise me...even if it's stupid that I am posting this on a dog forum. Guess I am also venting too because I am very frustrated right now!

Pam

 

[Renee750il]

Ow, Pam. I hate it when they pull stunts like that. I'd think that you'd have at least 24 hours to cancel a transaction, but lending law wasn't something we dealt with a great deal.

 

[thewhitewitchone]

I know, Renee. What's really frustrating is the first time I called my credit card companies, the transaction was still pending and I was told that I could dispute it once it had gone through. The next day, I was told that I couldn't dispute it. The day after that, I was again told I could by one of the companies, and then today, I was again told I couldn't! It's MY account..and my credit...why should I NOT be able to dispute it? I guess I don't understand why, if you can return merchadise to a store and have it removed from your card, you can't change your mind about a transaction like that and be allowed to remove it. I guess because the other company has to "give it back"? As if that's gonna happen.
If anyone else ever goes though this...please learn from me. Don't let someone pressure you into doing something you know is not in your best interest from a collection agency or a creditor. I am sooooo screwed.

Pam

 

[JennSLK]

I would fight it. Dont give up.

Call a lawyer. Alot of them will give a free consolatation

 

[Renee750il]

You might check to see if there is a Legal Aid Society in your community. They can be a big help. We did pro bono work on several cases a year for the one here.

 

[LabBreeder]

I would say call the credit card company that had the "outside source" call you in the first place. Tell them what happened with the woman on the phone and what she told you. Explain to them that if the actions are not reversed within 24 hours you will file a harrassment and wrongful action suit against them. That should work.
If not, call the other credit card companies that are involved and tell them the situation and that you want the actions reversed. They are YOUR credit cards and THEY should listen to YOU regarding payment arrangements, actions taken/changed, etc. If they do not reverse the actions you will not be liable in regards to making the payments. You can request a letter in the mail from all credit card companies involved regarding what's going on...you can also have the cards frozen so no other action can be taken until you get this straightened out. Make sure that you get written proof sent to you regarding all calls and actions that are made. This way, if they do not do as you ask then you have all the materials necessary to take them to court. Make sure they KNOW that you will not hesitate in taking them to court if they do not reverse the actions caused by "x" companies "outside source" calling and harrassing you and telling you if you didn't do what they said you'd be turned over to a collection agency. What the woman on the phone said was an out right lie and she can be reported seperately from anything else you decide to do. You said you got a letter signed by her, correct? There should be a company name, phone number & address. Contact them, tell them what's going on and what you'll do if they don't reverse the actions of a "harassing and out right LYING employee of theirs...and that you'd like written proof of the changes for your records."

just what i'd do....

 

[Tinaweena]

I had a simailar experience. I got into trouble with debt for a while (bad time in my life) and honestly, having my debt go to a collection agency was a good thing for me. Sure it messed up my credit for a while (it's now in tip-top shape again) but if you call the agency up and let them know that you are really trying to resolve the issue, you can work out a payment plan with them that allows you to pay what you can afford and all the debt is consolodated and no longer collecting interest.
However, what the woman did to you on the phone was plan WRONG. You should take action, I don't know what action because I didn't know how much trouble I was in until it went to the agency and they contacted me.
Good luck, it seems hopeless I know, but it will get better, and you will get back on top of things! Trust me, I just bought my own car, have a credit line of 10,000 dollars with Mastercard, and was approved for a mortgage. Your credit will get repaired if you work on it.

 

[Debi]

I agree. I'd make a real big fuss here, as LabBreeder has mentioned. The biggest lesson is don't listen to anyone via the telephone to begin with. hope you get it cleared up!!

 

[MomOf7]

im feeling ya!
Were behind on a few bills thank goodness no credit cards

I would definatly get on the phone and see if the charges can be reversed. My guess is your stuck with it. Unfortunatly credit card companies dont care about our personal problems.
Call your local court house and see what kind of legal aid there is. Sometimes there are lawyers who work for pro bono. Chances are though you will have to hire a lawyer in which case would probably not benefit you as the cost for the lawyer may out wiegh the price of just paying up.
Sorry to hear about your troubles! Have you thought about filing chapter 13?
I know it ruins your credit for awhile but how much worse can it get? Thats for you to determine.
I wish you the best and hope that the financial strain your in will soon come to an end.
Take a few deep breaths slowly in and slowly out close your eyes and think of a place you really enjoy and find peace...Sounds corny but it does work!

 

[Tinaweena]

Yes chapter 13 is a great option. It really is, I know it feels like a cop-out, but it isn't. Sometimes we need help and there is nothing wrong with taking it!
I swear sometimes, I'd rather be totally broke, than trying to figure out where my tiny bit of money can go to manage things the best. At least when you have no cash it's an easy decision = nobody gets paid!

 

[Carolyn]

You poor thing. That woman was out of line I think. I would report her first off. As for the rest I'm not sure how to proceed. Legal aid is a good idea. We have that over here as well.

Darn credit cards can be the bain can't they? My hubby and have a Visa DEBIT card. Do you have them over there? It's basically a credit card, with all the same facilities, except its your own money you are using, not credit allocated to you from a bank/financial institution that you have to pay back. Once you get back on your feet that might be a better option.

It sucks doesn't it My hubby just lost his job as state manager, so we too, have to be really careful now until he finds another job.

Hugs keep your chin up and the very best of luck

 

[Buckshot]

I am no lawyer but something that has worked for several people that I know is to talk to someone higher up. Quit running from the debt, you racked it up and its your responsibility to fix it. You can often make a deal with them to pay it off for much much less than you owe. Think about it, if youre given a choice to take 500 dollars now or take nothing and pay to go to court and still have to collect after that, what would you do in their shoes? Get every deal in writing and make sure that you can hold up to this new deal. After a deal has been made in writing and you are sticking with it they wont be calling anymore. I have seen two friends of mine negotiate 20,000 dollar debts down to about 10% of that.

Personally I am totally against any form of bankrupcy and am not too fond of the negotiation that I have described. I think I would have a hard time with the fact that someone, no matter how wealthy, has had to pay for my bad decision. I guess it may be the only way out for some folks.

After that take a big deep breath, because you have been taught the credit card lesson. You have hopefully learned it and destroyed them. Credit cards are the devil.
Good luck with getting out of debt it is a pretty good feeling .

 

[bubbatd]

I too feel sorry for you. Our debts through our personally owned clothing stores involved the gov. and banks...not credit cards. Luckily we had a good accountant who was able to prove that the initial debts went back to when the business was a corporation , not personal. Still , it involved bankruptcy, loss of our stores and because our home was up for sheriff's sale , we sold it way below it's worth. It's been 7 yrs. now and my credit is good. Lawyer costs for 3 years weren't cheap. I suggest that you get a good financial adviser. I believe new laws are stiff over chapter.13 over credit card debts. With your cards combined, can't you make at least the minimum payments until you work things out. It's such a worry for you.... I know the gutt hurting panic. Good luck !

 

[filarotten]

I think contacting legal aid is a good step. They should be able to advise you, in the right direction. I hope things get better.