Triad Financial/ Focus Receivables Entered into a settlement agreement and now they are not honoring Ripoff Huntington Beach California
We need help - we got into serious financial difficulties last year and called road loans to come and get the vehicle we had financed with them. As was expected they were very nasty. That was in August. When called by Focus Receivables out of Atlanta in October about the debt, we entered into an agreement to pay $3,800.00 over 6 months as a settlement to Triad. That was done in the correct timeframe and as of April, we thought we were done with Road Loans. Last week, we started getting calls from Chase Receivables about the "balance" that was due. I called Focus Receivables and they are now saying that there was no agreement! I gave them day date & time as well as the name of the person I spoke with for each and every phone call plus have the bank records to show the payments made. Can any one tell me what recourse we have and what steps we need to take? I'm the one that arranged it but the debt is my husbands. After telling him that everything was taken care of, we now have a new set of jerks after us. Its an understatement that we do not want to give them one more dime. They made an agreement - now I need help in getting them to honor it.
Thank you
Catherine
Culpeper, Virginia
U.S.A.
3 Updates & Rebuttals
Robert
Buffalo,New York,
U.S.A.
The problem with "settlements" with debt collectors.
#4Consumer Suggestion
Thu, August 30, 2007
I never recommend settlement with a debt collector. All settlements should be with the CREDITOR and in WRITING.
When a settlement is made with a collection agency, that usually only gets that collection agency off your back. The CREDITOR is then free to hire another collection agency to collect the remaining balance of the debt.
Any settlement agreements must be in writing BEFORE any payments are made. The written agreement should clearly state that the debt is absolved as a result of paying the amount stated. The settlement should also state that the creditor will report to the credit bureaus that the account is "paid as agreed" (if not, then what are you getting out of the settlement?) This is to protect YOU! Negotiations are just that - each side give and receives something. The problem is that many people try to negotiate with the collection agency when they should be negotiating with the CREDITOR.
Hope this helps in the future.
Catherine
Culpeper,Virginia,
U.S.A.
No written agreement but I do have a recorded telephone conversation
#4Author of original report
Thu, August 30, 2007
They said that they would not give it to me in writing until the payments were made. To cover myself, I recorded the telephone conversation with one of their employees. If it matters, she acknowledges the day date and time and states on the recording that she is aware that I was using a recording device. In this recording, the payments ARE discussed as a settlement. The recording is backed up by my Vonage phone log that shows that at the time mentioned on the recording I was on the phone with their phone number.
John
Louisville,Kentucky,
U.S.A.
No Written Agreement?
#4Consumer Comment
Thu, August 30, 2007
we entered into an agreement to pay $3,800.00 over 6 months as a settlement to Triad.
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Please don't say you reached this "agreement" with a collection agent over the phone and that there was no written agreement. If this IS the case you're in a not-so-good situation.
NEVER EVER pay a collection account without FIRST getting a WRITTEN agreement with the firm that they'll accept your settlement offer as payment in full...If you don't do this and you make a settlement agreement over the phone, once you pay off the "settled" amount, the collection agent can always claim that there was never a settlement agreement to begin with (your word against his/hers) and they (or another collection agency) will come after the FULL amount due.
When dealing with any collection agent/agency...DON'T give them the benefit of the doubt and don't ASSUME that they are honest.