Law Office of Richard Clark driving me crazy!!!!

[nativenyer]

Has anyone had any success in debt negotiating with this office?  I have mailed them a debt settlement that is more to my liking for the full amount of the debt, not a portion, and I pay them more each month than what they previoulsy asked for but I've had no reply.  Any advice??  They have been extremely rude in the past and I have sent a cease and desist letter and insist on all communication in writing.

[p-]

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@nativenyer wrote:

Has anyone had any success in debt negotiating with this office?  I have mailed them a debt settlement that is more to my liking for the full amount of the debt, not a portion, and I pay them more each month than what they previoulsy asked for but I've had no reply.  Any advice??  They have been extremely rude in the past and I have sent a cease and desist letter and insist on all communication in writing.

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Forget the payment plan if they are not responding.  Are you already making payments or have a payment plan with them?  If not, save up the cash, and offer a PFD in writing.  Keep a log of all of your communications so that if they sue you can show you were trying to make payment arrangements.

Also, since when is Dick Clark in the collection business?

[guiness56]

With a C&D in place they technically cannot even negotiate a settlement.  Even in writing.

[nativenyer]

I was making with them.  $300.00 per month.  A $1500.00 emergency car repair made it impossible for me to make one of the monthly payment.  I called them and explained the situation.  Stupidly, I was allowing them to draft my checking account for the payment.  They insisted that if I couldn't pay the $300 by the end of the month then the payment arrangement would fall through.  Well, I just couldn't do it.  I'm a single mother with 4 kids and I live in the South.  I absolutely need my car to get back and forth to work.  There isn't any public transportation.

A couple of weeks later I received a letter stating that the full amount was due with exclamation points at the end of the sentence.  I send a letter restating the car repair and how I want to clear up this debt.  I offered to pay $500 a month due on the 30th of each month and that payment would be sent to them by certified funds, no more bank drafts.  I also stated that I wanted to pay the full debt and not a settlement amount and that I was anxious to start this plan and to confirm this in writing.  In the letter I also requested that all further communications be done in writing. 

[nativenyer]

Yes, I thought that if they didn't respond I would just save up the cash and when I had the full amount I would write them again and offer a PFD.  The SOL in my state is 3 years so it is now past the SOL.  I have kept all letters sent by them and copies of what I've sent and all of my correspondence is sent certified mail return receipt.  I guess they just don't like the idea of me not allowing them to draft my account.  Initially, they said they couldn't do the payment plan without drafting but I'm wiser now.

Can you believe Dick Clark would do this? 

[guiness56]

Making a payment could restart the SOL depending on your state.

Dick Clark?  Oh lol, the attorney.  Took me a second.

[nativenyer]

I do I check to make sure it does not?  The balance on this account is $2794.

[nativenyer]

I'm sorry, I meant to say How do I check to make sure it doesn't restart the SOL?

[guiness56]

Look up your state statutes on statute of limitations and whether payments restart them, or a written agreement to pay.

If you can't find it let me know and I will help look.

[nativenyer]

I looked it up.  I was also responding to another thread of mine about another account and got confused regarding the SOL.  This account is still under the SOL.  However, if I'm offering a payment arrangement can they still sue?  Can I take documentation to court to show that I attempted a second arrangement?  Also, they have received $600 towards payement of the debt already.