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  1. #1
    Join Date
    Oct 2012
    Posts
    2

    Default Debt Settled With a Payment Plan, Revoked Due to Late Payment

    My question involves collection proceedings in the State of: Connecticut

    I am being sued by a credit card for failing to fulfill my obligation of repayment. My problem is that I was put in a payment arrangement due to me losing my job and falling behind on payments. I made 2-3 payments of $300 to the credit card company and the last payment I did was a day late. They never applied those payments to my account and reason i stopped paying. Their reasoning was that I was late on the last payment. Can I have a lawyer request my last payments to this account and have a case to argue in court?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Not Sure if I Have a Case or How to Proceed

    Argue what? Your "reason" for not paying is immaterial. They're not obliged to continue offering you new terms when you keep defaulting.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Not Sure if I Have a Case or How to Proceed

    If you paid money and it has not been credited to your account, provide the creditor with proof your your payment and ask that the money be properly applied to your account. The money didn't disappear - if they cashed your check, the proof is right there on the back of the check.

    If you paid late, that violated the agreement. If you stopped paying, that violated the agreement.

    You can see if the lawyers will agree to a new repayment plan, but I expect they'll want a confession of judgment or consent judgment to back up any plan.

  4. #4
    Join Date
    Oct 2012
    Posts
    2

    Default Re: Not Sure if I Have a Case or How to Proceed

    Simmer down buddy, all I'm asking for is advice. I'm not arguing that I don't owe them the money, I'm arguing that I made 3 payments totaling close to $1,000 and this was never applied to my account. I want to know if I should pursue showing up to court or trying to settle before court. What would you do Senior member? You lost your job, fell behind on payments, had to choose between mortgage or credit card payment, make 3 payments totaling $1,000 only to find out on your next statement that none of those payments where applied?

    - - - Updated - - -

    Mr. Knowitall,

    Thanks for your advice. I do have bank statements showing the payment to the credit card company. Today I have asked for the last 12 statements to my account to confirm that the payments were not applied. I was under the impression that the judge would look at this and agree with me that if these payments were never made but never posted, that the burden of proof would fall back on the credit card company to convince the judge that the amount they say i owe is true.

    Again, thank you for your time as this is a free forum.

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