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#49
09-04-2007, 06:47 AM
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Sub:
Just as I suspected...I called Genesee back and when I spoke to Marie, I asked for an address where I could write to validate the claim. At this point, I was still being nice. She was like, "Validate what?" I explained to her that under the Fair Debt Collection Act, I had the right to write to request that any claim of debt. I advised them that they do appear on my credit report and I have not recieved a letter from them. They claimed they sent a letter, but I told them no letter was ever recieved, and again stated that they are not on my credit report. She then said it was on my credit report....that it was there under the original creditor's name. I asked if they were a representative of the original creditor. She was like, "Who? Genesee Associates?" I affirmed, and she said that yes, they were. I then said that if she were a representative of the original creditor, she would have no problem giving me an address so that I could request validation. This is where the call started getting ugly! She continued to change the discussion as to not provide me an address. I told her (calmly) that I looked them up on the web to locate an address, and all I could find on them were people complaining about harassment and that Genesee was a scam organization. I advised her to cease and desist any further phone calls to me or any member of my family, or I will report it to the Attorney General. She was like, "Fine, but the unpaid debt will remain on your credit report as a charge off debt." to which I replied, "No it will not, as the law states after 7 years such must come off of one's credit report." She asked me how long ago I thought it was that I made the last payment, and I explained over 6 years ago, and at that time I tried to work with the ORIGINAL creditor. She was like, "See, you admit to knowing what this is about...you are just refusing to pay the debt!" I again asked why she would not give me an address. She said she had no problem giving me an address, but then never provided the address, but kept arguing about how I was avoiding the debt. She then claimed that the original creditor sold them the debt (after saying before that Genesee was a REPRESENTATIVE of the original creditor). I then said they should then have no problem giving me an address so that I could validate. She was then like, "I can give you the account number, your information...." I explained that that was all stuff that could be found on my credit report, and that a validation required providing more detailed information. She continued, "You know you bought _____, and now you do not want to pay for it!" I called her on this one, because what she said I financed through the original creditor was something that I never financed under the original creditor, but financed under another creditor and I had paid that account in full! I again reasserted that Genesee was a scam organization, as they were not able to provide anything that one could not get from simply pulling my credit report! She said if they pulled my credit report, it would show up inquiry. I told her that Genesee did not show up as an inquiry. She was like, "See, you just admitted it." However, I explained that this did not mean they didn't pull my report at an earlier time as for it to not show up recently or that they pulled it using a different name. I reasserted that various web sites listed her and some guy named Mike, and described the same type of back-peddling when they inquired about an address to validate the account...indicating that they were a scam. She was like, "Mike who?" I ended the call reasserting that they are to stop calling me, and I would be reporting them to the Attorney General!
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#50
09-05-2007, 12:02 PM
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Sub:
As a collector for a third party collection agency, I don't think that you folks really understand the industry. One the account leaves the OC, it is bought and sold very often. The paper trail is sometimes as hard for the collectors to follow as it is for the consumers.
Having that been said, assuming that a company is a scam just because some disgruntled person wrote it on a webpage is no way to go about it. I do agree with our guest from Texas, all debts should be validated and if you know what the account it, being cordial to the collector will usually get you a really good deal on it. Just because another agency treated you bad, does not mean that everyone will. To "confused one"...most collectors I know have been in the same situation. It all comes down to how you (and they) approach it. Personally, if I heard someone state that it was due to a divorce that they could not pay thier bills I would be more then sympathetic. problem is, getting people to speak with me rationally and calmly is half of the conversation sometimes. I understand that other collectors could have been mean, but I have had plently of girls be mean to me but don't start yelling at them everytime they come along! So here are some suggestions from the other side! A) ask for any settlement or payment plan offers in writing. Be ready for them to want to fax it. Their paycheck depends on you paying so time is of the essence. B) talk it out with the collector. Ask them for the best possible settlement. Don't be afraid to make a counter offer. If we know what you are willing to pay, chances are our willingness to drop the amoount will go up. C) Don't expect us top be nice when you are yelling at us. D) If your phone number is not listed, we have to call you relatives to verify or update location information. Imagine you were owed $5000 from someone...would you just not call their parents to find them? E) Just because a statute of Limitations is up, and the account is not on your credit report..does not mean you don't owe the money. There things are just tools. A way for consumers and lenders to help track what is going on. A debt (in most states) is owed for life. So until it is paid you should always expect a call. Thanks for reading... |
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#51
09-05-2007, 01:34 PM
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Problem is, most of the problems are coming from the junk debt buyers! These are the folks that buy old debts that no one is interested in pursuing any longer. They buy them for anywhere from less than a penny per $100 to 25 cents or more per $100 owed. These junk debt buyers then routinely use illegal tactics to break people down to get them to pay...even if they pay just one payment and stop paying again, the junk debt buyer has made way over 100% profit! And many of these junk debt buyers do not report any payments you may make accurately on your credit report, or fraudulently sell it to another junk debt buyer after a person has paid it in full to the first junk debt buyer!
In my very personal opinion, ONLY the original creditor should be able to collect money on any debt. They may hire an agency or attorney to do the leg work for them, but it should come down to the original creditor getting the money. I do not agree with lining some junk debt buyer's pockets, while the OC gets only a few bucks for selling the debt!!! The OC cares about gaining and keeping customers...so they are not going to use sneaky tactics to get you to pay! They don't want complaints against them with attorney generals and such...they don't want the negative attention! Junk debt buyers, on the other hand, do not care! They don't have to worry about gaining and keeping customers, and if they get only 10% scared enough to pay up, they are making a huge profit! They will do whatever they have to....including breaking the law! Enough complaints are made, they close shop, and open up under a new name, and start the harassment all over again! I tried being nice to the lady from Genesee Valley; however, the moment I asked for an address so that I may validate their claim (and I asked very nicely, by the way...."Could I please have an address where I may write to request validation of this debt?"), she went on the super defensive! The call did not have to turn ugly, and not once did I cuss at her. All she had to do was say, "Yes, our address is....." But the lady at Genesee immediately went on the defensive, and though she kept saying she had no problem giving me the address, she would always immediately return to arguing the validity of her claim against me. I asked several times, "What is the problem with just giving me an address?" Each time the answer was, "I have no problem giving you and address, but....." and she would go on stating why she thought Genesee had a valid claim against me, and then saying that I was the one arguing!! I have the whole phone conversation recorded (in Texas, that IS allowed). "We sent a letter on 8/16." "Well, I did not receive a letter." "Well....I can't control if people read their mail and throw it away!" That was her real response!!! My husband had a similar situation with an account he was sure he paid off years ago. When he stated (nicely as well) that he did not receive any correspondence from them, and asked for an address to request validation, the response was, "Sure, sir, no problem. The address is ________. We will also send another notice out to you today." With that, they said their goodbyes, and my husband proceeded to send a letter requesting verification of the debt, which he still has yet to get a response from! And with the original creditor, in my case, I did explain very nicely to them that I had gone through a divorce, was trying to make ends meet, wanted to know if there was some option (other than immediate payment in full), etc. The guy I talked to had me in tears by the time I finally hung up the phone, going so far as calling me a bad parent for not paying my debts (when I tried to explain I was unable to pay due to having to feed my kids and keep a roof over their heads), and said that CPS should be called out on me for child neglect!!!! I was being nice, offering to fax to him my divorce papers and pay stubs to prove to him I wasn't giving him some sob story! What I got was name calling and terrorism! I tried a couple of more times to work things out...getting different agents on the phone each time, but still got the same rude treatment. I decided I did not need the abuse (had enough of it in my marriage), and cut off contact! After the SOL, they sold the debt off, and now I'm dealing with these junk debt buyers!!! As for how I would react if someone owed me money? Well, I could promise you I would show a lot more compassion! I am owed money...lots of money in child support and medical reimbursements from my ex husband...an amount in the $10,000's. My ex has not been in my son's life, and believe it or not, I have filed a motion to drop all child support arrears when my husband adopts my son!!! The reason I had to do it that way is because a judge will not drop the child support obligation unless another parent steps up to the plate...judges want kids supported by 2 parents. Some think it is the dumbest thing I could do...letting my ex get off scott-free...but what worth is it to me to expend energy and money to get money out of him that he will not pay voluntarily? Also, if I did loan out money, if the person hit hard times and couldn't pay me back, I WOULD forgive them the loan. On top of that, even if the person didn't hit hard times, there would be a point in time I would just give it up...5 years, 6 years...I would just let it go! Not worth the stress! And that is the truth! |
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#52
09-06-2007, 04:34 AM
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Our Guest from Texas
You story does not make sense. You state in the beginning that you would want to deal with the OC only, then a huge story about how badly the OC treated you?? I am confused. Which is it? The reason the OC was mean to you is there is almost no tregulation on what they can say to you. 1st party lenders do not adhere to the fdcpa. Furthermore, a 1st party lender would not wait until the SOL is up to sell a debt. They sell it once you get charged off. As consumers you NEED to get everyhting in writing. I ahve seen many cases when a "junk debt buyer" has updated to the CRA's but they have dropped the ball in reflecting that in the records...is that the "junk debt buyers" problem? Nope..it's yours. Is that fair..maybe not. The cards are stacked against the legitimate 3rd party collectors and that is why they resort to harsh tactics. Te FDCPA is ambigious at best, and is open to interpretation which is no way to run an industry. If you really have a problem with the way things are, write your congressman, get the laws changed.
As for the part about giving up, whether it is fun to admit or not, CA's give a invaluable service to the country. As a functioning economy, how would we survive if we just collectivley said "it's not worth the stress". No one would be able to afford the credit cards you guys don't seem to want to pay back. So the next time you are offered a 60% settlement on an account, just say thank you. pay the bill and move on. |
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#53
09-06-2007, 07:05 AM
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For the Collectorman: This is my situation. We were going along great had some credit cards, even a bit of money saved up to take care of emergencies. Then I had a baby. This was still fine until I couldn't find any daycare for her so I could return to work. The costs were outrageous. So finally I looked at my budget with daycare and without and found that with working and paying daycare it would cost us more to live than without. So I didn't go back. Things were tight while I prepared to open my own daycare. And by the time the daycare opened things were behind. I always paid my credit cards on time and sometimes early and often more than the minimum. Unfortunately though it did come down to this: I either pay my credit cards and lose my house (along with my business) or I pay my mortgage and lose some of my credit. Guess which one I chose? Put yourself in our situation. Do you think we're all a bunch of deadbeats? Just trying to get over? No we're not. We are all just people trying to make it in this difficult world where things are not getting any easier. You have to think some of us out here are working two to three jobs a piece even with two people in the household working and still nothing. These interest rates kill us and all we are all trying to do is live. I'm not saying that there aren't people out there who are just getting the cards racking up the bills, then refusing to pay because I know a lot of people personally who are that conniving, but I'm not one of them and the people in this community are not either. If so they would have to be really great liars. So, you're barking up the wrong tree. This thread here was started by someone who received a letter from some bs place trying to make a dishonest buck off of some poor sucker. Just think about it.
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#54
09-06-2007, 07:07 AM
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I didn't realize I had been logged out. This is my story. I'm not trying to hide who I am.
For the Collectorman: This is my situation. We were going along great had some credit cards, even a bit of money saved up to take care of emergencies. Then I had a baby. This was still fine until I couldn't find any daycare for her so I could return to work. The costs were outrageous. So finally I looked at my budget with daycare and without and found that with working and paying daycare it would cost us more to live than without. So I didn't go back. Things were tight while I prepared to open my own daycare. And by the time the daycare opened things were behind. I always paid my credit cards on time and sometimes early and often more than the minimum. Unfortunately though it did come down to this: I either pay my credit cards and lose my house (along with my business) or I pay my mortgage and lose some of my credit. Guess which one I chose? Put yourself in our situation. Do you think we're all a bunch of deadbeats? Just trying to get over? No we're not. We are all just people trying to make it in this difficult world where things are not getting any easier. You have to think some of us out here are working two to three jobs a piece even with two people in the household working and still nothing. These interest rates kill us and all we are all trying to do is live. I'm not saying that there aren't people out there who are just getting the cards racking up the bills, then refusing to pay because I know a lot of people personally who are that conniving, but I'm not one of them and the people in this community are not either. If so they would have to be really great liars. So, you're barking up the wrong tree. This thread here was started by someone who received a letter from some bs place trying to make a dishonest buck off of some poor sucker. Just think about it. |
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#55
09-06-2007, 09:41 AM
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Another Guest In Texas
Collectorman: Yes, in my case, the OC was mean to me...however, I would still rather it be them calling me today than someone simply trying to make an EASY buck! At that time, the OC was a smaller company, but has since been bought out by a larger bank/company (one I had another account with, and had no problem coming to terms with to make it right), and would treat me better today. However, the OC no longer wants to discuss the matter with me, because they no longer own the debt. Last time I tried to contact them, they couldn't even find my old account anywhere on record, and said that it was most likely in some storage room because they had sold it...that I would now have to deal with whoever owned the debt! That is now the junk debt buyer...again, trying to make a quick easy buck!
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#56
09-06-2007, 10:39 AM
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To Billysgirrl: I think the thing that is lost the most is that collectors are real people. I have debt, I know what it's like. I work 2 jobs myself. Most of the problems is not from people like you. I (this morning as a matter of fact) spoke with a debtor who was in a similiar situation as yourself. I was able to set up a $10 a month payment plan until she can get back on her feet. So we are not all bad, just like you guys are not all scum. My point was iot went well between us because she stayed calm realized I was just doing my job and we talked it out. She had a plan in mind and my company had no problem working with her.
For the people who go into every collection call thinking it is a scam and that we are trying to make an "easy buck" I can assure you there is no such thing. Your OC tells us the same thing when we try to get the same validation you do. But instead you think it is our fault. That I will never understand. You complain about the way the system works and then blame only one party! Blame your OC for charging you off. Blame yourself for not paying your bill the first time. Blame your mailman for not delivering your mail on time...but don;t blame legit 3rd party collectors for trying to collect moneies that you owe. |
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#57
09-06-2007, 12:48 PM
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Another Guest In Texas
Collectorman: It is quite one thing to work for the OC to collect on a debt. That isn't a problem. However, you cannot deny that the new multi-million dollar business these days is junk debts! These are the folks that are making legit collections look bad, and I hope you are as against them as the rest of us! Like I said, I did my research on these guys! They "buy" debts for mere pennies...and if they can get just 10% of the people to pay something, they are way ahead. And how do they get people to pay? By using underhanded tactics as folks are reporting here...tactics which are in violation of every debt collection law in the country! They call you multiple times during the day, including times that are off limits. When you do talk to them, they put you down and call you names, or tell you that they will have the law knocking on your door to arrest you within the next few hours. Also, as in my case, they refuse you your right to validate if they are even legit!
And why do people automatically assume that the person or agency trying to collect is a scam? Because there are so many out there scamming, that one must protect themselves! I am not going to just discuss my information over the phone with you until I have proof that I should! When you have a company like Genesee immediately go all defensive when you nicely ask if you can have an address to request validation of the debt, you have to know that something is not on the up and up! A company that has a legit claim will have no problem with you exercising your right to have the debt validated! A company that has something to hide? Quite a different story! Of course, I'm not saying be rude to everyone...but every consumer should assume the worst until it is proven that the person/agency is legit. No one should provide any personal information to anyone over the phone until they can verify who that person is, or at least verify that they represent the agency/company they claim to be representing! That is just plain foolish! It is not about wanting to pay the debt or not, as much as it is making sure your money is not going to a lost cause (i.e., your money never is applied to the actual debt, and you have someone else asking for the same money 6 months later)! |
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#60
09-06-2007, 01:26 PM
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Sub:
concerned citizen, you not allowed to talk like that to people here. If you cant be nice, leave.
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#61
09-06-2007, 04:57 PM
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Sub:
Number one: My baby is just 8 months old. Number two: I have a job. I have my own business now. Two of them as a matter of fact. Number three: I do not deny I have debt that I need to repay and I'm not trying to get out of it. I'm not paying it right now, but that does not mean I will not pay it. Number Four: No I'm not going to pay all the late fees and interest that is accruing from not paying every month. And Number Five: I can't pay every month. Excuse me if I am not rich. Excuse me if daycare will cost me $1148 a month and my bring home pay is only $1517 a month not to mention my hours are from 8 to 6 pm and I have to leave at 7 to get there and won't get home until 7 or after in the evening. Oh and let's not forget the cost of gas to go to and from that's another $220 a month. You do the math. What really does that leave? So I made a decision that would better benefit my family. I have five children. Don't even think about telling me that I shouldn't have had kids. This forum is for real people in real debt situations looking for a place of comfort and relief not a way to get over on creditors. You can tell who the real ones are as well. They are the ones who sign their names to their posts. Who have joined as members. And who post elsewhere to try and help people out who are in the same situation. Not people like you who want to just ridicule people for getting in over their heads. It happens. Not everyone is rich or a genius. If you were really a concerned citizen you would be spending your spare time trying to help people not cuss them and make them feel smaller than an ant. You should be ashamed of yourself. If you don't like what you're reading, then you should do as Lukeskywalker says, and just leave.
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#62
09-06-2007, 07:19 PM
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Another Guest In Texas
Excuse me citizen, but I only defaulted because of a bad situation. I worked with all the creditors at the time, and made good on all but this one account, because the OC didn't want to hear about payment plans, or settlement, or anything of the sort! I was called all kinds of names and was told it was all or no deal! These people would call me AT WORK telling me things like I needed child protected services called on me because I was a bad parent for not paying some loan that I DIDN'T EVEN AGREE TO!!! My ex-husband got me into the deal, then would give me a measly little $500 out of his paycheck to "go toward the bills", and for that, I got to endure being thrown around whenever he got drunk! He wouldn't ever tell me what he made (worked for cash) so that I could file our taxes correctly, and I was scared to death for years that the IRS would come after me (I would just file with the information I knew...my pay and the $500 he gave me), and still end up not getting a refund, and having to pay the IRS more money (as I didn't qualify for EIC)! When he got himself locked up, I then had the legal costs of getting the divorce so that I didn't have to put up with the abuse any longer! I sought some help to get my debt situation worked out, and was able to get all but this one account settled in some way.
Since that time, the OC doesn't even want to talk to me, because they sold the debt off. They could care less about it now. The company that owns it now is a one of those junk debt buyers...you could do your own research on that. BY LAW, they must provide me with an address so that I can request that the claim against me be validated! How can I be so sure they own the debt if they don't provide me proof? THERE IS a new scam out there where folks claim to "own" debts they really do not own. How they get the information? Who knows? How do people who steal one's identity get the information? This Genesee Valley Associates would NOT provide me an address, leaving me to believe they are nothing but a scam! Any legit organization would have had no problem providing the address! As for getting a job and paying my bills? I have a job....a nice paying one at that! The last 7 years I gained further education through my employer and worked my way up the ladder! I am remarried to a wonderful man in the same career field, and together we make a very good living! ALL of our bills ARE paid on time, and often payments for more than the minimum amount are made. Don't preach to me and call me names because I don't trust this organization that now comes out of the woodwork saying I owe them money, yet will deny my rights to have them prove that they are actually the ones I owe the money to! |
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#63
09-06-2007, 07:33 PM
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Sub:
Guest: You really should join our community. You can probably share your story with others and help them out a lot. There are a lot of people out there who have gone through some of the same stuff that you have. And just off subject, I'm guessing taht concerned citizen thought we were either the same person or married. How about that?? hahaha
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#64
09-06-2007, 08:15 PM
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Sub:
Thanks, Billysgirrrl! I thought about joining a few days ago, but didn't think I could join without having a debt consultation. I didn't see the link until tonight to just join the community!
SubiGirl....formerly Another Guest In Texas |





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