Unifund collections

[rmikolak69]

Jurisdiction

Florida

The credit card I had was fine at 0 percent. They sent letter change to 30 percent with option to
opt out at 18. Stupidly I lost letter, I never missed payment. I ask for original contract they don't have only statements. Also they had made an agreement orally after year of non pay to change rate to 100 per month. I paid them
for 1 year, then could not pay due to economy they FK"D up. My question is since no original contract
exists, and a new oral contract was made, that I could not ever pay. Does the 1 year, over 600$ written contract apply? Could I state contract was oral and went broke by 1 year and was never in written contract? As covered in statue of frauds?

Also can a bank sell a cc debt without a legal contract only statements? Does the legal contract they
should have dictate sale? They sold a card
debt to Unifund. They had me false served 2 times by same server then got a judgement. I had no idea i had court until letter arrived. I had to pay
to remove. I also want to know if I can sue process server for costs. If they not 1099c my account
and have chosen others in same financial situation for 1099c can I claim racial discrimination?

 

[army judge]

You ask far too many questions for a FREE discussion site.
You should seek your answers of an attorney you hire, unless someone comes along and feels like helping you.

 

[adjusterjack]

Yes, you have lots of questions. Let's see if I can shed some light on some of them.

The credit card I had was fine at 0 percent.

At one time you applied for a credit card that offered 0% interest for a limited time. You applied by mail, phone, or online. By applying you agreed to the terms and conditions of the credit card. When you received the card you also received a Cardholder Agreement. That was your contract. Like many people, you probably discarded it without reading it. Here's a sample:

https://www.bankofamerica.com/content/documents/visa-signature-en.pdf

Yours probably included details about the 0% offer period.

They sent letter change to 30 percent with option to opt out at 18. Stupidly I lost letter, I never missed payment.

So you ended up with a 30% interest rate which likely increased your payments and/or stretched out the life of the balance.

I ask for original contract they don't have only statements.

If you are referring to a collection agency, no, they likely don't have the original contract but that doesn't make your contract any less enforceable.

Also they had made an agreement orally after year of non pay to change rate to 100 per month. I paid them
for 1 year, then could not pay due to economy

You defaulted. That's all that counts.

My question is since no original contract exists, and a new oral contract was made, that I could not ever pay. Does the 1 year, over 600$ written contract apply? Could I state contract was oral and went broke by 1 year and was never in written contract? As covered in statue of frauds?

But the original contract does exist. The agreement to let you pay $100 per month didn't change the original contract it just gave you some breathing space, which was actually an illusion because paying just $100 per month probably didn't even cover the interest and your balance would have grown every month.

Also can a bank sell a cc debt without a legal contract only statements?

That's a two part question.

The bank can sell the account with only statements but the original contract is still in force and need not be presented until trial.

They sold a card debt to Unifund. They had me false served 2 times by same server then got a judgement. I had no idea i had court until letter arrived.

That opens up another situation. When you first learned of the judgment you should have got to the courthouse and gotten the file to determine how you were served. If service was bogus you could have had the judgment set aside and gone to trial.

I suggest that you get the court file, even now, and see what happened and if you have any options.

I had to pay to remove. I also want to know if I can sue process server for costs.

If the process server lied about the service, you might have a cause of action against him. Unfortunately, since you apparently owe the debt anyway, you might not win anything.

If they not 1099c my account and have chosen others in same financial situation for 1099c can I claim racial discrimination?

You can "claim" it, but it won't get you anywhere.