OK Bowsd the Saintly Knowledgeable One,
Well sit right back and you'll hear a tale. Only it's true and it's my story.
In 2002 (that's five years ago for the math challenged), I offered the OC $200 a month on a $3800 debut until PIF. Didn't attempt to haggle with 'em over reporting or anything. Just wanted to pay it off. I didn't know any better at the time, and I just wanted to pay what I owed. Monthly statements they sent, and continue to send to this very day, indicate the monthly payment is under a $100 so I'm offering them double what the original debt payment required.
Wouldn't talk to me. Referred me to the CA. Even made a suggestion to the rep I talked to, "So you mean if I just started sending y'all $200 a month along with the monthly statement you keep sending you, you're telling me you won't cash the checks?" They mumbled something about how I'd be violating the law. I figured it was BS at the time, but I didn't know any better that I shoulda been recording their calls (I was in a one party state at that time) and I coulda used that as leverage to negotiate a PFD.
Literally every call from the CA, which DW took, included a threat of harassment that constituted a violation. Again, had I known then what I know now, I could have easily racked up $15K to $25K in violations that I coulda sued 'em over, gotten a PFD, gotten the TLs deleted, and gotten paid by the OC for my troubles.
When I called the CA--think I called 'em myself twice--to see about setting up payment arrangements, they weren't interested in anything but a lump sum, which I did not have. Oh, and the "lump sum" they offered was for right around $3800 minus their CAs fees which totaled almost $6K. Big freakin' discount.
Before they kicked it to a lawyer last year, I C&D the CA. Dumb move perhaps on my part. They kicked it up to a lawyer last year, but maybe they woulda kicked it to a lawyer anyway. DVed the lawyer. They validated. Then sent a letter every month for a couple of months. I was hoping to find an SOL out and was letting it run for as long as I could. Finally, they sent a summons, but didn't actually file a lawsuit. In Washington, they could do that and if I didn't respond they could still get a summary judgement.
Filed an Answer and sent 'em a cover letter. Told 'em of my past attempts to settle this account. Said I knew they could get a 25% garnishment if they filed, but that I wouldn't be able to afford it, and I would have to move--probably outta state to a state that didn't recognize foreign judgements and/or the SOL had already run. Their choice to either settle with me or get nothing. Shock and surprise, we reached a payment arrangement. No judgement on my record for 7 to 10 years, and I've got a signed agreement from them. They can only report the debt until mid 2008, and if they foul with me now they are gonna be paying me for the violations they commit.
Bottomline in all this? The OC coulda accepted $200 a month and been PIF in early 2004. CA coulda accepted $200 a month and gotten their share of the debt by early 2004. No takers, so the lawyer gets his cut and the OC gets what's left over (which will be far less than the full amount).
These SOBs operate in large part on pride. They would much rather screw the consumer than get paid. Bright light in the tunnel is that consumers are becoming more aware, and despite the BK Reform Act a couple of years ago, I foresee legislation shifting the balance of power to the consumer in the next couple of years.
Meantime, why don't you FOAD and spare me your sanctimonious BS.
