You should consult with a consumer protection attorney in your area experienced in the FDCPA. Like many other consumer protection laws, the FDCPA is what is called “fee shifting” – meaning that the obligation to pay the consumers attorneys’ fees shifts to the debt collector. If a debt collector is found to have violated the FDCPA, the consumer may recover up to $1,000.00 in statutory damages, plus actual damages (for example pain and suffering) and most importantly, your reasonable attorneys’ fees. The FDCPA includes a private right of action under which a consumer may sue a debt collector for FDCPA violations. Failing to honor the settlement, may be a violation of federal debt collection laws called the Fair Debt Collection Practices Act (FDCPA). You can turn to us for dedicated customer care, or use our online tools to conveniently access, manage and keep track of your account. There is a strong argument that Midland bought the debt subject to the settlement agreement. Under New York City debt collection rules, the debt collector must confirm any settlement agreement or payment plan in writing within five business days.
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Please help meĪ key here for you is whether the settlement agreement was in writing. Which is only dragging out the collections process and holding my money. However I made the agreement on April 20th so how come they didn’t show it was about to be sold off on the 27th ? Also they advised me the five payments of $50 Ive already made to Comenity Bank as per the agreement ,they will send out to the private collections agency sometime next month. Comenity Bank claims the day I made agreement they sold my account and there’s nothing they can do. Then I received another notice that they received the $200 but I still owe the rest.
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I received a letter in the mail that they sold it off on 04/27/20to a Midland Credit Management for $1,000.93. Ive made my five payments to them plus the initial payment of $200 to start the process. So on April 2020 we came to a settlement amount of $650 and they said they would not send off to private agency nor reflect on credit. Our store credit card comes with benefits for all members. All I received was a regular paper bill in mail never any collection.Due to loss of job in Dec 2019 I was unable to pay. On April 20th 2020 I attempted to make a payment on account which was already past due 8 months they claim.