| Message |
Author |
 Posted: Fri Feb 15, 2008 11:25 am Subject: Going Back To Original Creditor |
|
|
I am responsible for about $24,000.00 of unsecured debt that has all been charged off. I periodically get letters in the mail form collection agencies and mostly automated calls on the answering machine from collection agencies as well. My question is this: Can I still negotiate with the original creditor? Or should I deal with the agency?
|
|
rbh97
Joined: 27 Oct 2006
Posts: 21
Debtcc Points: 743
|
|
|
| Posted: Sat Feb 16, 2008 4:06 am Subject: |
|
|
hello rbh! i think that the reason the collection agency is calling you up is because the creditors have already turned over your matter to them. that means they do not want to deal with you personally for some reason. however, you may still get back to them if you can and let them know that you are interested in dealing with them personally, and do not want collectors in between. see what they have to say.
|
|
laurel188
Joined: 16 Jan 2008
Posts: 110
Debtcc Points: 2507
|
|
|
| Posted: Sat Feb 16, 2008 5:26 am Subject: |
|
|
It's doubtful that even if the creditor owns the account that they will recall it just because you don't want to deal with a collection agency. No one wants to deal with one. But you can call and see what they say. If it's charged off they might not even own it anymore.
|
|
FYI
Moderator
Joined: 18 May 2006
Posts: 1762
Debtcc Points: 16507
|
|
|
| Posted: Sat Feb 16, 2008 11:14 am Subject: |
|
|
RBH97, you can't be sent to jail for something that is a civil matter (not criminal) do not pay attention to Nonsense collector. I'll PM a moderator to have it deleted.
_________________
Regards
JCEMT
Here is a list of resources for the community
Site TOS
|
|
JCEMT
Moderator
Joined: 10 Sep 2007
Posts: 2996
Debtcc Points: 27124
|
|
|
| Posted: Sat Feb 16, 2008 11:18 am Subject: |
|
|
| Quote: | § 807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading
representation or means in connection with the collection
of any debt. Without limiting the general application
of the foregoing, the following conduct is a violation of this
section:
(1) The false representation or implication that the debt
collector is vouched for, bonded by, or affiliated with
the United States or any State, including the use of any
badge, uniform, or facsimile thereof.
(2) The false representation of—
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may
be lawfully received by any debt collector for the
collection of a debt.
(3) The false representation or implication that any individual
is an attorney or that any communication is from
an attorney.
(4) The representation or implication that nonpayment of
any debt will result in the arrest or imprisonment of
any person or the seizure, garnishment, attachment,
or sale of any property or wages of any person unless
such action is lawful and the debt collector or creditor
intends to take such action.
(5) The threat to take any action that cannot legally be
taken or that is not intended to be taken.
(6) The false representation or implication that a sale,
referral, or other transfer of any interest in a debt shall
cause the consumer to—
(A) lose any claim or defense to payment of the debt;
or
(B) become subject to any practice prohibited by this
title.
(7) The false representation or implication that the consumer
committed any crime or other conduct in order
to disgrace the consumer |
_________________
Regards
JCEMT
Here is a list of resources for the community
Site TOS
|
|
JCEMT
Moderator
Joined: 10 Sep 2007
Posts: 2996
Debtcc Points: 27124
|
|
|
| Posted: Tue Feb 19, 2008 4:50 pm Subject: Debt collectors |
|
|
with all the problems from collection agencies (and I just received a letter from Arrow on a BestBuy account I co-signed on)can you not qoute Section 805, paragraph (c), stating no further contact by phone or mail per the Fair Debt Collection Act, plus whatever your State law is?
_________________
Register today to cash in debtcc points.
|
|
Bill2pay
Guest
Debtcc Points: 100
|
|
|
| Posted: Wed Feb 20, 2008 6:16 am Subject: |
|
|
Yes, put it in writing and mail it return receipt.
_________________
The only people with whom you should try to get even are those who have helped you.
-John E. Southard
|
|
Morningstar
Moderator
Joined: 06 Feb 2007
Posts: 1651
Debtcc Points: 10700
|
|
|
