I'm being sued!

[monster]

Call back and see if you can get someone other than Snitty Mandy and instead of telling them you can't pay, tell them you want to pay but you can only afford $x per month, can they work something out to avoid you both having to go to court. And then get a job flipping burgers for a few hours a week to provide the money you need to pay.

The bottom line is, you took the money, you owe it, you need to pay it back and you need to do that in a way which will minimalize damage to your future i.e. never being able to shop on the internet (no CC), get a cellphone on a regular contract (no CC), get a house, car......

[capnhowdy]

she told me to "have a nice day." Why do they do this? Why do people who are messing with you insist you have a nice day? Like the cop who has just given you a ticket or similar? WTF?

Kinda like your Dad (prior to an ass whipping) saying "Now this is gonna hurt me a lot more than it'll hurt you."

[Cyclefrance]

Hi Brianna - only just caught this - hope I'm not to late to add my two-pennuth!

All the card companies can be PITAs, but one thought I had that may be of possible help is that when new laws are introduced over here there is seldom the right given to apply these retroactivley. So if your debt is older than the introduction date of the new bancruptcy ruling I would check (or query) the right of the company to go after you using the new law as its basis. As to clearing the debt, I agree with most others that the worst thing you can do is ignore it.

It's better to talk than to write. Be firm about the position you believe applies (that they cannot rely on an amendment to the law introduced after the debt was substantiated), argue their premise that interest is due. If they have failed to notify you before, demand proof of debt (if it is some time ago it is reasonable to expect that you have no record available yourself - if the company cannot furnish sufficient proof then you would IMO be within your rights to reject their demand - I managed to do just that a couple of year's back over here with a government office), and if it does come to the crunch then try to negotiate a lower figure - offer at best/worst the capital sum without interest as a means to settle, arguing this will save them time and cost to reach an agreement at a lower level than to have to fight for something that is questionnable as to whether it is due or not. If you get no change out of the first line customer contact ask to speak to a supervisor - the desk person probably does not have authority to agree anything - the supervisor should have.

Good luck!

[Brett's Honey]

I'm sure the laws in different states vary, but here in Oklahoma, the statute of limitations is seven years after the date of the last payment made on the debt.

[Trilby]

update: Legal Aid sent me a very nice, "sorry but we can't help you" letter so I answered the counts and mailed if off yesterday. We'll see what happens from there. You know what is interesting? If you can't afford a lawyer and Legal Aid won't help you and you try to do it on your own, if you don't do it in the RIGHT FORMAT the judge can dismiss your paperwork. THAT'S american justice for ya. It's only for the rich, not for americans. I have lots of dirty, naughty words to type right now but I won't.

anyway, I'm trying to just LET IT GO and see it as a learning experience.

[xoxoxoBruce]

Keep in mind, while you mull those dirty words;
You've no right to expect them to make it easy for you not to pay the money you owe them.
Just because they're rich and you're not doesn't mean they shouldn't want to collect the money you owe them.
Laws are written by the rich to make it easier for them to collect the money you owe them.
Your problems stemming from bad luck, bad choices or bad mojo have no bearing on the balance of money you owe them.
It's not personal, simply good business, to pursue the money you owe them.
They employ a sizable staff with nothing to do but collect the money you owe them.

[MaggieL]

Originally Posted by xoxoxoBruce

They employ a sizable staff with nothing to do but collect the money you owe them.

...and if fewer people tried to weasel out, the rates on credit cards would be cheaper.

[xoxoxoBruce]

Or their profits higher.

[MaggieL]

Originally Posted by xoxoxoBruce

Or their profits higher.

I doubt it. They take what it costs them to do business, and add on what the market will bear. If it cost them less to do business, the cost to the users would be less, because prices would driven down by competitive pressure.

If you don't think consumer credit is a competitive market, look at your mailbox sometime...assuming you have a decent credit history. I get solicitations all the time offering me credit cards...my Visa card has stamped on it: "Member Since 75". (They mean 1975).

[MaggieL]

Originally Posted by Brianna

update: Legal Aid sent me a very nice, "sorry but we can't help you" letter so I answered the counts and mailed if off yesterday. We'll see what happens from there.

Erm...how do you answer a count that says:"You signed a contract to pay off this loan under these terms and didn't."?

Originally Posted by Brianna

You know what is interesting? If you can't afford a lawyer and Legal Aid won't help you and you try to do it on your own, if you don't do it in the RIGHT FORMAT the judge can dismiss your paperwork. THAT'S american justice for ya. It's only for the rich, not for americans. I have lots of dirty, naughty words to type right now but I won't.

Funny, the courts have rules just like the credit cards do. And they're *just* as sticky about them. Obviously they're in cahoots.

I find interesting your conclusion that "the rich" are somehow not "americans", since you feel justice is only for the former.



Some people would say "justice" is when you honor the terms of a contract without being dragged into court. Obviously this is some other meaning of "justice" with which I am not familiar.

[Trilby]

you know what, friends? fuck off. You answer the counts thusly: I owe the amount stated. I am in default.

GO fuck your happy selves, Maggie-holier-than-thou and xob. have a good time while doing it.

oh, and Maggie? I think you're a guy. Or someone who is, like, twenty.

god.

[xoxoxoBruce]

Originally Posted by MaggieL

I doubt it. They take what it costs them to do business, and add on what the market will bear. If it cost them less to do business, the cost to the users would be less, because prices would driven down by competitive pressure.

Sure just like the Oil Companies.

If you don't think consumer credit is a competitive market, look at your mailbox sometime...assuming you have a decent credit history. I get solicitations all the time offering me credit cards...my Visa card has stamped on it: "Member Since 75". (They mean 1975).[/quote]Mine says 1970, so what? It's not the same bank because they keep gobbling each other up so the competition, which appears intense, is really between fewer players.....just like the Oil Companies.

[xoxoxoBruce]

Originally Posted by Brianna

you know what, friends? fuck off. You answer the counts thusly: I owe the amount stated. I am in default.

GO fuck your happy selves, Maggie-holier-than-thou and xob. have a good time while doing it.

If you want straight answers to real problems, come to the Cellar.
If you want unconditional ego stroking, get a dog.
You fucked up, you owe them money, it would/will be a hardship to pay them. I can sympathize with your position, but wah-wah, they're pickin' on poor little me, don't fly. :p

[BigV]

Originally Posted by MaggieL

Erm...how do you answer a count that says:"You signed a contract to pay off this loan under these terms and didn't."?

Funny, the courts have rules just like the credit cards do. And they're *just* as sticky about them. Obviously they're in cahoots.

I find interesting your conclusion that "the rich" are somehow not "americans", since you feel justice is only for the former.
...

Several of United’s unions, still stinging from steep pay cuts and other concessions in bankruptcy, issued statements putting management on notice that they expect to see better results for all their sacrifices.

Here's an example from the Current Events page of your local newspaper. UAUA had signed contracts with groups to pay a certain amount, and **they** got a break, yeah? Nothing wrong with your point, MaggieL, as long as you're not looking for any compassion, helpful advice, or legal insight. Otherwise I have no complaints. Good posts.

Contracts are made, satisfied, broken, renegotiated, cancelled every day. Nothing magical about a contract. They have their place. But if you're contending that they are the omega of all human interaction, you're guilty of a lack of imagination at the least. You sound pretty together, actually. Your postition in this thread is clear: you owe, so pay. But that's not really what Brianna was asking when she opened the thread, or with her updates. At best, your posts are somewhat off topic.

Originally Posted by MaggieL

Some people would say "justice" is when you honor the terms of a contract without being dragged into court. Obviously this is some other meaning of "justice" with which I am not familiar.

jus·tice (jŭs'tĭs) pronunciation
n.

1. The quality of being just; fairness.
2.
1. The principle of moral rightness; equity.
2. Conformity to moral rightness in action or attitude; righteousness.
3.
1. The upholding of what is just, especially fair treatment and due reward in accordance with honor, standards, or law.
2. Law. The administration and procedure of law.
4. Conformity to truth, fact, or sound reason: The overcharged customer was angry, and with justice.

There is more to it than only satisfying the terms of a contract.

[glatt]

I don't understand why it's a good thing to be a member since xxxx. I have switched card companies a few times over the years to get better deals. Shopping around is quite often a much better thing than remaining loyal to a card with poor terms.