Collections Agency wont provide settlement plan in writing?

[Anonymous]

So I'm taking care of a old medical collection debt from 2011  (originally $275.00 but plus interest is now $400+) and called to see if I could settle the debt but I wanted the agreement in writting where they will take it off the credit report. Long story short, the guy was just flat out rude, yelling at me, threating me to show up to his office and he'll show me tough guy and then only will give me a written agreement to remove the negative colection account on the credit history but I need to show up to his office which is a county away. I'm in California, so according to him it's illegal for a collection agency to give an agreement in writting because it's a bribe.  What would ne the next plan of action? 

[RobertEG]

The tide is ever so slowly shifting as to debt collectiion requirments.

While the FDCPA does not impose a nationwide requirment regarding settlement agreements, the recent New York State rules, which became effective in March 2015, have imposed such a requiement if you reside in NYS, and Calif also has a new debt collection practices requiremnt for payment agreements.

The new  NYS regulation requires that within five business days of agreeing to a debt payment schedule, or other agreement to settle a debt, the debt collector must provide the consumer with a written confirmation of the debt payment schedule or other agreement to settle the debt, and a notice of certain sources of income that are immune from garnishment under federal and state laws, e.g., Social Security payments, public assistance, spousal and child support, disability and workers' compensation benefits, among others.  23 NYCRR § 1.5.

In California, the new Act goes so far to require that any payment arrangement, where you agree to monthly terms to pay off your debt, be outlined in a written monthly statement. Here’s the key section of the Act related to documenting payments and agreementsif the debt colletor owns the debt undr collection:

“(b) A debt buyer that receives payment on a debt shall provide, within 30 calendar days, a receipt or monthly statement, to the debtor. The receipt or statement shall clearly and conspicuously show the amount and date paid, the name of the entity paid, the current account number, the name of the charge-off creditor, the account number issued by the charge-off creditor, and the remaining balance owing, if any. The receipt or statement may be provided electronically if the parties agree.

(c) A debt buyer that accepts a payment as payment in full, or as a full and final compromise of the debt, shall provide, within 30 calendar days, a final statement that complies with subdivision (b). A debt buyer shall not sell an interest in a resolved debt, or any personal or financial information related to the resolved debt.”

--California’s Fair Debt Buying Practices Act, (2014)

[Anonymous]

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@Anonymous wrote:

So I'm taking care of a old medical collection debt from 2011  (originally $275.00 but plus interest is now $400+) and called to see if I could settle the debt but I wanted the agreement in writting where they will take it off the credit report. Long story short, the guy was just flat out rude, yelling at me, threating me to show up to his office and he'll show me tough guy and then only will give me a written agreement to remove the negative colection account on the credit history but I need to show up to his office which is a county away. I'm in California, so according to him it's illegal for a collection agency to give an agreement in writting because it's a bribe.  What would ne the next plan of action? 

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Thats a 100% incorect. I mean they can just tell you no....Anyways keep hounding them and they will gave at some point if they want their money...Then if they don't remove it...Bring it to court. 

As of right now I'd contact FTC and see what they say. I'm sure others will have a good idea as well. Sorry you have to deal with these morons. I had to deal with my own fair share when I was rebuilding my credit. But its all worth it in the end! There is always light at the end of the tunnel myfriend!

https://www.ftc.gov/

[takeshi74]

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@Anonymous wrote:

So I'm taking care of a old medical collection debt

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Try Googling whychat's HIPAA method and see if it would be benefit to you.  Haven't used it myself but it is frequently suggested for medical stuff.

Also don't overlook the Rebuilding subforum as it is intended for such topics.