Legal Question in Credit and Debt Law in Missouri
debt collection
I have a bill that went into collection. we made payment arrangements of 65.00 per month. now the collection agency wants to raise the ammount to 250.00 per month and they want to take it directly out of my checking account. they said that eventhough i have not missed a payment that my payment must go up and that they will only collect through direct access to my bank account. they also said they would no longer accept my 65.00 per month payment. what can I do?
2 Answers from Attorneys
Re: debt collection
Do not allow the creditor to "bully" you into agreeing to their demands. Without knowing all of the facts, I can not give you any specific advice, but generally the creditor does not have to make any deals with you at all. If they want to they can file suit. If they do that you can hire an attorney and either defend, file a counterclaim if you have one, or make a better deal through the attorneys.
Re: debt collection
Politely tell them that your contract with them is for $65 per month, and that if they breach that contract you'll proceed against them for breach of contract. You should also tell them that what they are doing is breaching the contract in bad faith, and that they are violating the covenant of good faith and fair dealing. If they take anything more than $65 out of your bank account you will revoke the authorization.
Send a certified letter today to your bank and copy the collector on the letter. Inform the bank the collector is only authorized to withdraw $65, and any attempt to withdraw more is unauthorized.
They agreed to $65. If they don't like the deal any more, that's their problem.
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