trying to pay a debt

[wynnie]

I have a debt with ballys fitness center. This debt has now been sold to a collection agency by the name of Premiter. I thought that it will be easier to pay the bill then to dispute it. Because when it boils down I should have read thorouhly read what I was signing even though I repeatly told the repersentative at ballys I didnt want to be lock into a contract because I was getting married and soon would be having a baby. But anyway, this Primeter collection agency has repeatly denied my efforts of repaying this debt. I've told them what I make monthly and my bills and what I would be allowed to pay. My debt is now 2440.00 (because they are now continuing to accrue interest on the account). I have beg and borrowed about 900.00 to settle the account. They wouldnt accept that. They told me 1710.00 as a settlement or 2440.00 in 400.00 month payments until paid. Now I'm thinking, I was only able to come up with 900.00 from borrowing from my friends and family, why would I be able to get 1710.00. and 400.00 monthly......when you can obvious see that I cant afford that.....but they continue to tell me no, its in litigation, if its not what we say its nothing. Well suprise suprise I have nothing. From my understanding if this goes to court the judge will award the payments that i can afford which will be less then what i was offering (285.00 monthly on the settlement amount). I have no assets. what I dont understand. is this company paid cents on a dollar to get this debt. why not take what i can afford. Your going to get a profit no matter what. And why would u demand 400.00 payments from someone that couldnt pay 90.00 monthly payments. My question is what can I do about this. its on my credit report and I'm trying to pay it.....Do they have the write to turn my payments down?

 

[Michael Wechsler]

Originally posted by wynnie:
I have a debt with ballys fitness center. This debt has now been sold to a collection agency by the name of Premiter. I thought that it will be easier to pay the bill then to dispute it. Because when it boils down I should have read thorouhly read what I was signing even though I repeatly told the repersentative at ballys I didnt want to be lock into a contract because I was getting married and soon would be having a baby. But anyway, this Primeter collection agency has repeatly denied my efforts of repaying this debt. I've told them what I make monthly and my bills and what I would be allowed to pay. My debt is now 2440.00 (because they are now continuing to accrue interest on the account). I have beg and borrowed about 900.00 to settle the account. They wouldnt accept that. They told me 1710.00 as a settlement or 2440.00 in 400.00 month payments until paid. Now I'm thinking, I was only able to come up with 900.00 from borrowing from my friends and family, why would I be able to get 1710.00. and 400.00 monthly......when you can obvious see that I cant afford that.....but they continue to tell me no, its in litigation, if its not what we say its nothing. Well suprise suprise I have nothing. From my understanding if this goes to court the judge will award the payments that i can afford which will be less then what i was offering (285.00 monthly on the settlement amount). I have no assets. what I dont understand. is this company paid cents on a dollar to get this debt. why not take what i can afford. Your going to get a profit no matter what. And why would u demand 400.00 payments from someone that couldnt pay 90.00 monthly payments. My question is what can I do about this. its on my credit report and I'm trying to pay it.....Do they have the write to turn my payments down?

Are you sure the debt was sold to a collection agency? Sometimes they are merely agents collecting for the creditor. Regardless, they do not have to accept your offer to settle the entire amount in full. That said, they also cannot get blood from a stone although they can go to court and obtain a judgment and try to freeze your existing bank accounts and attach your wages. Whether or not this is a worthwhile process for them is another question and I've found that mentioning bankruptcy or that they will wait in a long line with other creditors might help you negotiate a better deal.

 

[23nikon]

Per

I've heard horror stories regarding Ballys and the Premiter collection agency. Premiter has been sued in the past regarding their unethical and illegal collection practices tactics. Are you sure they are suing you? Have they sent you anything to sign regarding being sued?

Also, how old is your accout with Ballys? When was the last payment made for your Ballys membership and what state do you reside in. You may be bettter off not paying the account depending on your answer to those questions. I reside in California and in this state, the Statute of Limitations for a creditor to sue you; excluding Federal liens/Govt Loans & Obligations, is 4 years for written contracts, open accounts, & promissory notes. The SOL for oral agreements in California is 2 years.

Once the 4 years is reached, I would then send them a Cease & Desist letter stating that all communications between them and you cease immediately.

 

[Michael Wechsler]

Re: Per

While the statute of limitations is an issue, I have heard stories of these debts going to court. I wouldn't bank on the SOL to protect you and you may want to negotiate a settlement as soon as possible.

Originally posted by 23nikon
I've heard horror stories regarding Ballys and the Premiter collection agency. Premiter has been sued in the past regarding their unethical and illegal collection practices tactics. Are you sure they are suing you? Have they sent you anything to sign regarding being sued?

Also, how old is your accout with Ballys? When was the last payment made for your Ballys membership and what state do you reside in. You may be bettter off not paying the account depending on your answer to those questions. I reside in California and in this state, the Statute of Limitations for a creditor to sue you; excluding Federal liens/Govt Loans & Obligations, is 4 years for written contracts, open accounts, & promissory notes. The SOL for oral agreements in California is 2 years.

Once the 4 years is reached, I would then send them a Cease & Desist letter stating that all communications between them and you cease immediately.

 

[YngStp]

Same situation

I'm in a similar situation. I am trying to buy a house and my mortgage is pending a payoff of a collection. The original debt is $2800 and was sold to a collection agency a few years back. I called the collection agency to try to work out a settlement. The collection agency told me my debt was now $4100. I told her that I did not have $4100 dollars to pay her. I told her that I have $2500 and she said she could not let it go for that amount. She actually told me that she would "get fired" if she gave it to me for that amount. She told me that she would take no less than $3000. I asked to speak to her manager and she said she was the manager. What should I do in this situation? The collection agency is actually a law firm and it seems like they are trying to be greedy because I'm sure they paid pennies on the dollar for the account.