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Posted by DSB (188.8.131.52) on November 02, 2002 at 16:26:32:
I have a question if somebody can help me that would be great. I have a problem with a collection agency that has become downright harassing. My son had taken a credit card out on my name. He was making all the payments for a while then he lost his job and fell behind on payments. anyway he defaulted on the credit card and it went to NCO financial systems, a collection agent. They had harassed us about the debt and stated we needed to pay the whole 14,000 dollar balance off immediately or they are going to sue us. This went on for a week, they downright harasses us, and I do plan on doing something about it, but i did this first to make them stop any legal proceedings. I sent the following letter:
Dear Sir or Madam:
I am writing this letter for a number of reasons:
1. Please cease all communications with me via telephone, if you want to contact me, please do so via mail on the address at the top of this letter. Do not call any of my numbers-home and work and cellular. This request is as per §805 Communication in connection with debt collection [15 USC 1692C]
2. Please conduct any communications on this account with my son xxxxxxxxxxxxxxx, being he is the one responsible for the charges on this account. My health is poor and I cannot handle this situation at this point in time. He is assuming full responsibility on this account.
3. I am making a formal offer and enclosing 3 checks as to pay a minimum payment of 400.00 monthly on this account. The check is from xx(sons name)xx and he is the one that is going to send checks and make payments on this account. He agrees to pay 300.00 a month until the debt is paid off, more if possible. The checks are going to be post dated and not to be deposited until the day posted on the check. Not a day before.
The checks are as follows
Drawn of Washington Mutual Account Number xxxxxxxxxx
My social Security Number is xxxxxxxxxxx
Check 145-dated October 29, 2002-400.00
Check 146-Dated November 29, 2002-400.00
Check 147-Dated December 29, 2002-400.00
This is my offer, if this case does go to a legal proceeding, this was an offer that was either received or turned down by your agency, but an attempt was made. The deposit of any of these check states your acceptance of my offer and will be considered an agreement on both ends.
SO that was my letter, they had deposited one of the checks therefore accepting the offer, will this agreement hold up in court and do they have to stop the phone calls now???? Or can they still come after me with the lawsuits they are promising???
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