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Can Visa take me to court for $1692.00???

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Category: Dealing with the Banks!
Forum Name: CiBC and Edulinx Horror Stories
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Topic: Can Visa take me to court for $1692.00???
Posted By: soultherapy
Subject: Can Visa take me to court for $1692.00???
Date Posted: 20/November/2004 at 5:35am

Hi I am new ......heres the low down....My husband and I relocated in June....I have had my Visa for 4 years and have always paid it(mininum) regularily till we moved in June and I lost my card. My address WAS forwarded by the Post office, but I never recieved a visa bill...so it sort of slipped my mind as I was busy getting my son into school and looking for work the 1st 2 months we arrived........

Anyways I JUST got a call 3 days ago from Visa I THOUGHT updating my address and info, but was passed onto an agressive CA who was very rude and put me right off.....I offered to pay like $200 on my Visa and he said NO too late you MUST pay the $1692 or find a way to(friends and family) BY tomorrow at 3pm.....! OR I would be served and have to endure costly court sessions and garnishment of my $6.20/hr wage. I now have till Monday to come up with the $ or suffer the consequences as it was so politely put to me. I ALSO owe like $7700 for my student loan that I cannot currently afford to pay either.......I offered $50 a month till we get on our feet here, but was basically laughed at......ANYWAYS, this asshole called me at the fine dining restaurant I just got a job at a month ago, asking for the $.......uugghhhhhhhhh

Anyways I was wondering what the chances are that Visa WILL serve me papers, sue me and garnish 30% of my wages? Afterall it isn't a HUGE amount and my efforts to offer small portioned repayment was denied....I asked if I could call the VIsa and make arrangements directly, and was told No they have washed their hands of you, as you are negligent and you will ONLY be referred back to me, the CA..........

We ower altogether like $15000 and are considering bankruptsy(cry and sob) but it won't cover my student loan will it?

]Apparently I have a credit rating of 9, even though there is only this bill from Visa and an $800.00 bill from something I can't figure out(I was told on the phone by the CA)

Any advice would be GREATLY appreciated! My GST has already been taken to repay a $600.00 welfare debt I apparently incurred in 1996( I was a single mother and didn't claim my Child tax or something, and now they feel that even though I have gotten OFF the system and have been a tax paying citizen for the last 8 years, that that isn't enough and they want their alleged $600.00........

Whew this all sucks REALLY bad, and to top it off my husband will be laid off in the next month , be collecting UI and has no job prospect as of yet, I already mentioned I am currently waiting tables for $6.20/hr AND  to top it all off I have a 10 year old son.....we can barely make ends meet as is...........

HELP! PLEASAE

Hayley 



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H



Replies:
Posted By: BigFatherA
Date Posted: 20/November/2004 at 11:20am
Can they?  Sure.

Will They?  Probably not.  The amount is too small.  Its a small claim amount and the maximum extra they could get is the $100 or so filing fee.  Besides all that would get is a judgement and you would settle it with the court clerk for . .  a payment plan.

Welcome to the wonderful world of BS scare tactics from a$$hole collection agents.  Read the main page on dealing with collection agencies.  Most of it applies to non SL's as well.

You might want to look up John LeBlanc at CFWG before you go for the "big B".


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BigFatherA
Priest & Teacher
non carborundum illegitemi est


Posted By: momof2
Date Posted: 20/November/2004 at 1:30pm

soultherapy

have you tried calling visa yourself ??  if you call them and explain that you have just moved and for some reason your visa bill was not in with your forwarded mail and that you are able to start catching up with that 200 payment the bank may be willing to work with you.  ask if your statements were returned to them and if so then they have proof that you are telling the truth. 

find out the amount that is overdue and try to come up with it if possible.  im guessing on 1600 bucks the monthly payment is what, around 50 bucks ?  so the 200 you are offering should get your account current or close to current.  apologize to the bank for the oversight and tell them you will gladly pay any costs involved with them taking your file back from the CA, etc.  this may help.

the CA will tell you lots of things, dont take what they are saying as gospel.  i am currently behind on my visa payments and though i cannot make the minimum i am making an effort, and i called and spoke to a customer service rep and expained my situation and that i will try and get caught up - all they asked me to do was call them when i was making a payment and when my situation changes (if it changes).  they will try and keep my account out of collections as long as possible, which gives me breathing room and a chance to get my head above water.  worse case, they take my payments for mow and i get sent to collections later anyways. 

bottom line, if you give them the 200 and tell them they will get at least 50 a month from you and that the CA did not want to work with you, the bank may be more than happy to deal with you.

keep us posted and good luck.



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professionals built the titanic but amateurs built the ark...


Posted By: momof2
Date Posted: 20/November/2004 at 1:37pm

oh, and hayley  - tell the CA he is not to phone you at work.  this is a big no no - they are not allowed to contact you at work !!!!  also, they are not to initiate contact unless you have been notified in writing that the account is in collections.

as for the big b and  the student loan thing, definately consult with jonh before you take the plunge.  its really not worth it, and no, your loans cannot be included unless you have been out of school for 10 years.



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professionals built the titanic but amateurs built the ark...


Posted By: Pigeon
Date Posted: 23/November/2004 at 4:26am

Soul,

Another thing, I get the impression that the CA discussed your credit history on the phone with you including an item that currently has not been sent to them for collections (the $800 thing). This is a huge no-no. The CA is only allowed to discuss the debt that they have been hired to deal with (VISA). They cannot have discussions regarding your current credit rating are any other debts.



Posted By: soultherapy
Date Posted: 23/November/2004 at 10:44am

So now after the RUDE visa guy who threatned me etc.....THEN another one phoned me called Mrs Martin.........then when I told her I wasn't able to come up with 1600.00 she said she was forwarding it to the lawyer........then quiet for a couple days. Now there is a NEW girl phoning me, said the 1st guy works at the desk behind her.....and SHE says if I can do $850 lump sum......or she will accept a cheque for $50.00 per month....what should I do now?

thanks for all your help so far, it is encouraging to know I am not alone here......sigh

Hayley



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H


Posted By: Pigeon
Date Posted: 23/November/2004 at 11:53am

If the bank will not work with you and you have to go through the CA:

Get something in writing concerning all pertinent information on the debt and that the $50 bucks a month is agreed upon. If you can afford it then and only then send them the $50 but send them money orders....not cheques.



Posted By: momof2
Date Posted: 23/November/2004 at 12:02pm

i agree with pigeon. 

i recommend trying to work with the bank first, if that wont fly then you are stuck dealing with the CA

if you have to work with the CA get everything in writing.  in the agreement make it clear that you want all further contact in writing only, and that they send you a monthly statement showing your payment, the interest being charged and the outstanding balance, just like you would receive from visa.

keep us posted



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professionals built the titanic but amateurs built the ark...



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