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I Signed With Bay View Law Group. How Can I Make this Right with My Creditor? – Amy

I Signed With Bay View Law Group. How Can I Make this Right with My Creditor?   Amy

I signed with Bayview law group. I was current on my credit cards- only 2 of them. THey told me I would need to miss a payment then I could enter the program.

I made 7 monthly payments of 460. each month. Now I learn I have 500. in my trust acc’t and I can’t even access that on line anymore!

I did settle on my own with Chase through client services. I explained to them what had happened and it will be cleared up with in 1 year of my payments.

I then contacted Discover to make things right with them. They had already turned this over to a lawer because I had hired bayview, they said. I called the lawyer who was a real jerk and had no interest in helping me.

I told him I only make so much a month and can’t afford a big lump sum. He then asked if I was on my house loan.. I asked to talk to someone else and I got a nice girl who was much more helpful. As I was talking to her explaning my situation, he yelled that I was on the house loan, since he pulled up my credit report.

THis is not my husbands debt, it is mine! I went through some horrible things and this is why I ended up in debt. I offered to make low payments to pay it off and he said no way.. you need to pay this today nearly 17,000.

Please help me….Amy

Don’t miss our free Get Out of Debt – “How To” Guide Series on a number of topics, for loads of practical advice, tips, and help to beat back debt. – Click Here

The Answer

Dear Amy,

Unfortunately if you get tangled up with a debt settlement company that takes the majority of the fees from your first payments it just pushes these accounts further and further behind which makes them more likely to wind up in a legal situation.

When you stop paying your creditors your account falls delinquent. Creditors will attempt to collect the money you owe and get you back on track. If you don’t bring your account current they can pursue all legal collection efforts, including suing you, to collect the money you borrowed when you entered into an agreement with them.

The only surefire way to break the relationship with the creditor and get a legal fresh start is with bankruptcy. If you want, you can click here to find a local bankruptcy attorney.

You may want to use the free How to Get Out of Debt Calculator to review your debt relief options.

It is unclear if your account is still owned by Discover or they may have sold it to a debt buyer and someone new owns this obligation now. If the lawyer is a third-party debt collector you can stop the calls, but just be aware that does not resolve the possibility of you being sued.

Debt Collector Cease and Desist Communication Form Letter

You can send the following letter cease and desist communications letter to the debt collector or debt buyer contacting you to stop communications from them. Be aware, this letter is only effective on third-party debt collectors and subsequent buyers of your debt from the original creditor and not the original creditor that extended the credit to you.

BEWARE: This is not a magic wand. If you send this letter and shut off communications it can lead to you being sued sooner since the collector still has that option following receipt of this letter.

Upon receipt of this letter the debt buyer or collector has the following options:

  1. to advise the consumer that the debt collector’s further efforts are being terminated;
  2. to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
  3. where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

A Sample Letter

Your Name
Address
City, State Zip

Date

Debt Collector’s Name
Address
City, State Zip

Re: Account Number

Dear

According to my rights under the Fair Debt Collection Practices Act I am formally requesting that you cease all communications with me or anyone else involved.

“If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt.”

You may consider this letter as my formal notification.

If you do not comply I will file a public complaint with the public consumer complaint database at http://getoutofdebt.org/scam-reporter/ and with state and federal agencies including the Federal Trade Commission, Consumer Financial Protection Bureau, and my Attorney General.

If you are unable to comply with this request I will find a local consumer FDCPA attorney to represent me from http://naca.net, the National Association of Consumer Advocates.

Sincerely,

Your Name

Send the letter by certified mail, return receipt requested.

The postcard you get back, like the one below, will show the name of the company you sent it to, a signature of who signed for it and when they got it.

I Signed With Bay View Law Group. How Can I Make this Right with My Creditor?   Amy

Staple the return postcard to a copy of the letter you sent and put it in a safe place with your other important papers. You may need this later.

If you receive any further telephone calls or messages, keep a log of who called about the debt in question, when they called, and what they said. Keep all written communications they may send about this debt as well.


If the entity that owns the debt is attempting to collect on the debt, the cease & desist letter has no power over them. It is only effective with third-party debt collectors.

My concern at this point is that you don’t over promise to make a payment on the Discover debt that you can afford. Do you know how much you can afford to pay them each month?

How far past due on this debt are you?

What joint debts do you owe with your husband and do you have any other debts that you alone owe?

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

I Signed With Bay View Law Group. How Can I Make this Right with My Creditor?   Amy
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If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.

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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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