So...90% of them are educated and pay their bills....would you like to elaborate on why illegal drug use is so prevalent in your industry, then? Care to inform me why lawsuits against CA's are on the rise, if 90% of those collectors are so highly educated and doing it right? Why do so many CA's have reputations as companies that break the fdcpa routinely? This isnt made-up stuff, this comes from the lawsuits that are filed each year! For example, Encore, which is the topic of this thread....over the last few years, Encore has been sued in federal court more than 80 times. NOT ONCE in all those cases did Encore win....the most common outcome was Encore choosing to settle out of court. That doesnt happen if Encore was "educated better than the debtors"....Encore would not be giving out money in settlements unless they felt they could not win their cases! Oh, and that is only the federal cases--many more were filed in state courts....


yes i do agree there are VERY shady companys and im not going to get into the difference between typing at 3:00am and taking a writen exam, but back to the issue if an agence has 300 collectors and 30 break laws continuously due to poor training, poor audting whatever the case that can get a company shut down just 10% sure there are companies that are just horrible but on the other hand there are just bad collectors, i admit my 90% figure might be horribly off but i still stand that the majority of experiance collectors are good people who know more about the law they work around then the dtr just like a plumber sure as hell knows more about pipes than me. and id like to bring up you point on drugs in all seriousness im unable to comment as other than the occasional drink im very clean and dont deal with that crowd but im sure and profession with the majority of the workers being under 30 would have a high probability of drugs/alchol but once again that would only be speculation from me. some state laws limit the # of contacts on a weekly basis the PDCPA is more general if you state has a 6xper week alowance than the would be a violation and regaurdless 5 times a day id extreme i dont dought that i was simply stating 3x a day and one contact included i usually dont get to that point the files i work people usually call back in a day or two. and yes they would hire a 15 y/ as i am living proof im sure theyd hire another one all it takes is a williness to learn and to be quite honest a salesmans attitute, now diver we can go back and forth agruing like school children or you can ask me a qustion and ill answer it like i stated before dont jump tp conclustions like im sure i can affourd to pay this back.....that must be how u got where u are today no?

[skydivr7673]

DO tell...just exactly "where" is it that I am today? I am DYING to hear your "expert analysis" about where you think I am today....

Questions? I asked you questions. Did you go "under the table" or did you get the labor dept work permit? lets start there. Then, you can explain to me just exactly what kind of adult would go to a company that hires a 15 year old to counsel them on financial matters? Willingness to learn is one thing--being taken seriously in a very serious business is another thing entirely...

Start with those two.

i belive i did state i recived my work permit didnt i? as far as "where" you are i really dont know there are serveral states with stronger than normal laws, AZ MA CA WA NH OH to name a few

now takign into account that the majority of my job was at its heart sales....i see know reason not to accept someone with such an eagerness to succeed, but then again as ive posted else where on the forums the company i worked for ended up being a total scam as are all settlement programs hence y i left the good salary to move onto collections, so maybe in there eagerness to make money they hired someone who sounded good on the phone.....smart choice i made them alotta money

and for a change or pace here diver and stead of me time and time again defending myself and my background which you;ve yet to disprove please explain where youve obtained the ability to educate the people? years of practice dodging bills have you?

[skydivr7673]

you made a scamming company a lot of money....you must be so proud.

And then, you say you make more money now, but then you say you left the better salary behind and moved to collections....you know, when a dog keeps chasing its own tail, it doesnt take very long before that dog forgets where his head stops and his a$$ starts...

hmmmmmm lets see at the time i had no idea wat id be making now would i? at 19 45-55 thou a year is good money and in settlments i think i broke 110 K for at least 1 year, and read once again i LEFT the company when i realize it was a scam, I LEFT THEM BECAUSE I HAVE MORAL ITENGRITY i find myself actually HELPING people where i am i seldon find the need to pull up superpages let alone lexis nexis ahhhhh this is gettin old dude when are you gonna quit?

[cajunbulldog]

Guest just so you understand where I come from,I give advice in accordance with statutes,current caselaw,ftc letters,and ftc briefs.I have no overdue debt and advise here to help consumers deal with shady collectors.I will tell you that you are not the first and definitely will not be the last collector to try an attack on me.

i wouldnt call it an attack so much as a simple inquiry, would someone wanting to know what background you have to be assisting people finincialy over the people who are paid to do so be and attack?

[cajunbulldog]

You are questioning my integrity and quals. I taught myself federal laws that apply to debt and I help people here as I have no debt problems. All my advice usually follows current laws and case law trends.My scores are in my signature along with links to the current federal laws relating to debt & collections.

wouldnt call it an attack so much as a simple inquiry, would someone wanting to know what background you have to be assisting people finincialy over the people who are paid to do so be and attack

if you really believe this, I've got a snazzy bridge I would love to sell you....

i admire sky diver. no really. he has talent for finding loopholes in the fdcpa.

now i would like to answer questions from debtors who have a hard time dealing with their debts. im more than willing to listen to you guys.

They call every 11 mins. What is that cease and desist letter and what should you state in a cease and desist letter? I am about to answer and say my husband is dead! It is annoying to have the phone ring that long. And can't you get a block on specific numbers through the phone company?

[skydivr7673]

Hi cecile--

a cease and desist letter bsaically looks kinda like this:

"In accordance with the Fair Debt Collection Practices Act, this communication shall serve as notice to you to immediately cease any and all communication with me concerning this matter. Should you decide not to honor this letter, I will have no alternative but to proceed with legal action against you for fdcpa violations. Of course, you should know that each violation of the FDCPA carries a penalty of up to $1,000.00 plus any actual damages. If you continue contact regarding this matter, except as allowed by the FDCPA, I will respond by filing suit."

Be sure to clarify exactly what matter this is, as well, by noting any account or file # in the letter. This is to be sent to them by certified mail, return receipt requested. Once you get the card back in the mail that proves they got it, they are only allowed by law to contact you once, and that contact must be for one of three reasons:

1--to state that they have dropped this matter.
2--to state that they are moving ahead with further action against you.
3--to state that they have sent the account back to the creditor.

Any other communication, such as collection calls, settlement letters, and so on, are all violations of the law. Be sure to keep copies for your records, as many CA's arent smart enough to actually obey the law. If they continue to call after that, its time to get an attorney and file suit. Let them pay you $1000 for their screwups...

"i admire sky diver. no really. he has talent for finding loopholes in the fdcpa."

caps lock--why dont you simply shut up?!? This isnt about loopholes, if you were intelligent enough you would understand that. YOUR company has harassed ME without legitimate reason. They have contacted me about a debt that so obviously wasnt mine--the NAME was not even mine! And the time and effort it took me to get rid of you morons was just plain ridiculous. Like I said, this isnt about loopholes--if you people would simply obey the law to begin with, none of this would have been necessary. Crying about it now with your one-sided "scenarios" all over the place is about as productive as it was for ERMI to come after me for someone else's debt....now go away. You have not added one single helpful piece of truth in here.

I have been dealing with them over my Discover account for about 2 years. I am again in a financial bind and am contemplating stopping their automatic
drafts each month. I have had to delay a payment twice
and it has been like pulling teeth to get them to not
take out the money. It's not that I don't want to pay my debts, I do, but its been difficult to take care of
it all. If anyone knows what might or might not happen if I decide to stop their payments either by issuing a stop check payment thru my bank or just closing the account, I would like to hear.
Thanks ya'll

Zoe

Looks like the ERMI "disease" has stricken my GF. She has been getting calls for collection from what they are telling her is a DELL computers acct.
Dell has no record of her owing money, she has not now or ever lived at the addresses the supposed computers were delivered to and has never received a word in writing from anyone.
Her phone has been ringing non-stop due to these jackasses, leaving messages at all hours.
How ridiculous is this company, after all the lawsuits etc that they still pull this crap? Bad enough it is done when the debt is real, but a debt that doesnt exist and is completely phoney?
I drafted up a C&D letter from one of the couple that was posted here and elsewhere, with copies going to the credit agencies just in case.

Any other steps she can take to insure that this doesnt go on any longer?

Thanks, Jerry

[skydivr7673]

hi Jerry--

In addition to a C&D letter, you will want to send them a debt validation letter. I actually send them one letter that combines the two, it saves you time and money. If you look to the right, click on the 'do it yourself' section, and go to 'sample letters'. There, you will find a "debt validation letter". You can use that as a starting point for yours.

If you only send a C&D, they cannot call you anymore but they can still try to collect on the debt. Sending them a DV letter is what you really need--it forces them to either prove to you that this is a legit debt, and you really do owe it, or stop trying to collect from you entirely. And, if they dont validate but keep calling anyways, you can then sue them.

Be sure to send all letters by certified mail return receipt requested, that way you will have a record of them receiving it.

My first-hand experience with these morons is that they dont pay much attention to the law. Previously, I dealt with them about a debt that was not even mine. Cease and desist, they ignored it. Validation letter, they ignored that too. I even sent them proof that they had the wrong person...they still kept calling. I finally threatened to sue them for harassment and that actually got them to stop. That was before I was even aware of all the laws.