Quote:
|
I was trained to look at these loans as cut-and-dry. People who can't make it from one paycheck to the next walk into a pawnshop and trade a postdated check for a wad of cash. Usually the check bounces and that's where I come in. As far as working the accounts went, I was using the same tactics I used in student loans, I was finessing these people and trying to convince them to pay back by reminding them of potential credit damage. I was told that the reason it doesn't work is because the general population of people who stoop to this level of going to a pawnshop for a loan are uneducated hustlers and I have to get a little rough with them!
|
Wow Ari. Usually I find your posts informative and level headed. But your most recent post makes it evident that their brainwashing is beginning to work on you.
Just because a person has met with financial challenges and takes a short term loan in a misguided, though well meaning effort to attempt to address that situation, DOES NOT mean they are deadbeats and don't give a "rats ass about their credit". The use of stereotyping by your employer is quite evident in your post, as is the fact they obviously hold little if any regard for the consumers they are contacting.
Maybe it's time to focus on the situation as it is. It sounds as if your employer isn't really the upstanding agency you previously claimed, but is actively instructing you to "get a little rough" (sounds like they are saying "don't violate any laws, but do what ever necessary while giving a suggestive wink). I am not suggesting you are not upstanding, but rather that you got into a situation that is not what it seems on the surface.
It is not the right or responsibility of the Collection Agency (their owners, employees, agents, etc) rto pass judgment or to determine an individuals intention at the time the transaction was executed.
They can only determine if a consumer intends to pay a debt and make arrangements to accomplish that task. In general Collections Agencies have few rights or authority to do anything on their own. They can make recommendations to their client as to the next steps to be taken, but in reality they can't do much more. collection agencies do have the responsibility and legal obligation to carry out their activities in FULL compliance with ALL applicable STATE and FEDERAL laws. Collections Agencies cannot pursue criminal charges against an individual for a postdated check bouncing (they were not the "victim" of the "crime". In this instance there are two separate issues, (1) The actual debt and (2) The "criminal activity (which must be proved beyond a reasonable doubt, very difficult). The only issue a collector can address is the money. They have no implied or established legal right to undertake any actions in connection with the act of bouncing a check. US Federal law does not provide for criminal charge sin connection with being in debt.
Only the merchant can pursue that avenue, and that must be addressed with the local District Attorney and police department, not a collection agency. The fact that a short term loaned business refers their account to a collection agency rather than an attorney or the district attorney indicates they have already indicated they prefer not to pursue a remedy via the judicial system.
Furthermore, your previous posts indicated you are not dealing with "pawn shop loans" ( which are usually secured with personal property which can be re-sold if the loan is defaulted on) but in actuality are dealing with a Internet based or store-front payday loan company that has only a signed check or draft authorization to act upon. The fact they made a loan based on this will indicate to a court of law they were aware there was a 50% chance or better the person would not be able to make good on the obligation when payment came due, yet chose to take that risk.
I sincerely wish you the best of luck on your career search. It appears the collections industry is beginning to turn a well intentioned kind heated and conscientious person in to a bitter hard nosed person who feels they have every right to pass judgment on consumers, when in fact the only thing you can do is collect the debts in full compliance with the laws.
Maybe you won't collect as much, but at least you did it legally. You can look yourself in the mirror in the morning knowing you do your job to the best of your ability, you treat people with dignity and you carry out your duties legally and morally.
To kam, your quotation states it's UCC, (universal commercial code) which would indicate it is a state statute. Can you please provide your reference for the quotation? What state are you located in?
Linear Mode
