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    HollyKB08's Avatar
    HollyKB08 Posts: 1, Reputation: 1
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    #1

    Nov 15, 2008, 09:12 AM
    If no partial payment accepted, do you still pay?
    My question is I got a computer a couple of years ago and paid a lot on it, but a couple of months ago every time I got the bill it would get higher and higher each month. So I stopped payng it. Well now it has been sent to collections and they are calling me and telling me that they cannot accept no less than 320 every two weeks, that's about half of my paycheck. So I told them that I could pay 100 a month and they told me that they would come and get the computer, I am confused. :confused:If I send them 100 a month, and they refuse it can they come and take my stuff? I am sorry if this question has already been asked but there was so many questions to look through. Thanks for understanding.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 15, 2008, 12:45 PM

    Well first how is it bought ?

    Rent to own ? Or on store credit ?

    But no they do not have to accept less than payment in full if you have defaulted in payments.

    Next how many years were you to pay on it ? And why was the amount going up ? Were you late on payments and the interest increased?
    Iknowalotofstuff's Avatar
    Iknowalotofstuff Posts: 144, Reputation: 1
    Junior Member
     
    #3

    Nov 25, 2008, 09:33 PM

    At common law, every debtor has the rigth to reuce any debt by any amount at any time subject to the default provisions of the debt.

    If you are in default, the contract may contain provisions that allow them to repossess the goods. In most instances, title of the goods does not pass to the purchaser until the debt is paid. The company is not after your computer but theirs.

    You can make partial payment to mitigagte your damages but this nay not prevent the seizure of the property.

    The CA is asking for such large payments because they want the account paid ASAP. Pay what you can as often as you can and deal with the consequences.

    Do not surrender the computer to anyone who does not have a court order. Just because a private bailiff or store rep shows up at your door does not mean you have to give up the computer. It is unlikely that the company will take someone to court who is paying voluntarily on something as small as a computer. CAs are more fluff than substance.

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