Check n Go installment loan that is in default. I made arrangements with their collection department. We came to an settlement agreement. All payments except the last 2 payments were made. This company does not give any information about the status of your account. These payments were automatically deducted from my bank account monthly. I thought my last payment was due august 26th 2016. According to their information there were still 2 payments due for September and October. They sent a notice on 8/15/2016 that went to my Spam email not a written notice. In October 2016 they sold my account to another Collection Account for the original balance due. I had no knowledge of this until I received a phone call from the collection agency on 1/17/2017! At my current job location. I contacted Check n Go thinking this was a mistake and this is when I found out the information regarding the last 2 payments.
Do I have a recourse to resolve this issue with Check n go. The balance was $286 for September 2016 and $224 for October 2016. Now this new collection agency wants to collect over $3200. When I talk to check n Go the settlement amount was approximately $2500 and there records shows I had paid approx $2200. I ask Check n Go why would I deliberately default with only Approximately $500 left. He stated the attempted to call me 2 times on 9/26/2016 when the debit card payment on the 26th of September was declined but no other attempts to contact me. As I told him my thoughts were the final payment should had been August. According to the agent it was sold to another collector in October 2016. I feel this was done intentionally so they can still collect the original debt amount. Please let me if I have any options or recourse
Unfortunately the only person who is responsible for making sure your payment agreement is working as agreed is you, the consumer.
It appears that for whatever reason the last two payments were not received by Check N Go so the balance you agreed to pay was not paid. When the account defaulted they then sold the account to a bad debt buyer who is collecting the account in accordance with the original terms you agreed to. So the balance can continue to grow because payments were not made and a lot of time has passed.
I’m sorry but I can’t think of anything that would have eliminated your responsibility for making sure the account was fully paid.
At this point there are a number of cute and clever tricks to try but none of them will postpone dealing with the eventually, except bankruptcy.
At this point you’ll have to make a cost-benefit calculation and decide how much you are willing to invest in resolving this. One path might be to consult with a local attorney to talk about how to legally challenge the debt, if the collector violated any local laws, or if you have an action to bring against the new debt owner. One place to find a consumer attorney is here. The attorney might be able to give you some legal leverage to settle the debt for a lot less and make sure it is full resolved this time.
Another option would be to talk to a debt settlement consultant but you’ll still wind up paying about half of the balance due plus fees. You also risk being sued over the debt.
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