Re: Notice of right to cure default?

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Posted by Jason on June 13, 2001 at 20:17:47:

In Reply to: Notice of right to cure default? posted by Lori on February 23, 2001 at 00:34:58:

: My husband and I have been using a debt counselling service for about 2 years that has consolidated our debts and made arrangements with our credit card companies to make payments.

: We've been making the arranged payments and the credit card companies have been receiving the payments, as our statements from the companies indicate.

: One company in particular, a credit union, keeps sending us harrassing letters stating that they will take legal action if we don't pay on our card. I have tried to call to correct the situation and I've been told that the letters have been sent in computer error and to ignore them. I continued to get more letters, each one pushing the legal action further, so I called the debt management company that we are going through to try to correct the situation, but the credit card company refused to talk to me.

: I've now received a notice of right to cure default on my existing balance.

: This company agreed to the payment of $108/month on this credit card, we have been paying each month to them. Can they take legal action against us? What can we do? We can't afford to pay the remaining money on the card at this time.

: Thank you.

Yes they can take Legal action even though you are making payments through the firm. However they probably wouldn't get very far once proof was presented that they have accepted and have been accepting an arranged amount from a debt consolidation company. This does not mean that you will not have legal fee's if you try and fight it. My suggestion would be to start sending letters inquiring about these matter directly to the creditor. Make them very polite letters with a hint of despiration. Make photocopies of every letter you send and keep it for future refrence. If you do not get a responce that is satisfying or if they continue to send letters, send a final letter to request that they do not contact you for any reason through any means. This is your right under the Fair Debts Collection Practices Act. You may want to check with your Attorney General's office to see if you state is covered under this and most states are, or at least adopted the consumer protection sections of the FDCPA into their own consumer protection laws. Make sure you send all letters certified through the United States Post Office so that you will have a legal record of the letter being sent and keep the reciepts attached along with the letter. If they contact you again by any means after you have sent the cease and desist letter you will have legal grounds in which to pursue your own legal actions for harassment. Follow these steps to the letter and I can almost guarantee that they will not contact you again. P.S. In the letters you might inform them that they can correspond with you through your debt consolidation company that way if something serious does come up they can at least notify you. If you have any other questions feel free to E-Mail me. ja4656@hotmail.com-Good Luck.

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: : My husband and I have been using a debt counselling service for about 2 years that has consolidated our debts and made arrangements with our credit card companies to make payments. : : We've been making the arranged payments and the credit card companies have been receiving the payments, as our statements from the companies indicate. : : One company in particular, a credit union, keeps sending us harrassing letters stating that they will take legal action if we don't pay on our card. I have tried to call to correct the situation and I've been told that the letters have been sent in computer error and to ignore them. I continued to get more letters, each one pushing the legal action further, so I called the debt management company that we are going through to try to correct the situation, but the credit card company refused to talk to me. : : I've now received a notice of right to cure default on my existing balance. : : This company agreed to the payment of $108/month on this credit card, we have been paying each month to them. Can they take legal action against us? What can we do? We can't afford to pay the remaining money on the card at this time. : : Thank you. : : Yes they can take Legal action even though you are making payments through the firm. However they probably wouldn't get very far once proof was presented that they have accepted and have been accepting an arranged amount from a debt consolidation company. This does not mean that you will not have legal fee's if you try and fight it. My suggestion would be to start sending letters inquiring about these matter directly to the creditor. Make them very polite letters with a hint of despiration. Make photocopies of every letter you send and keep it for future refrence. If you do not get a responce that is satisfying or if they continue to send letters, send a final letter to request that they do not contact you for any reason through any means. This is your right under the Fair Debts Collection Practices Act. You may want to check with your Attorney General's office to see if you state is covered under this and most states are, or at least adopted the consumer protection sections of the FDCPA into their own consumer protection laws. Make sure you send all letters certified through the United States Post Office so that you will have a legal record of the letter being sent and keep the reciepts attached along with the letter. If they contact you again by any means after you have sent the cease and desist letter you will have legal grounds in which to pursue your own legal actions for harassment. Follow these steps to the letter and I can almost guarantee that they will not contact you again. P.S. In the letters you might inform them that they can correspond with you through your debt consolidation company that way if something serious does come up they can at least notify you. If you have any other questions feel free to E-Mail me. ja4656@hotmail.com-Good Luck.

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