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Free rant

Date: Sat, 03/24/2007 - 19:16

Submitted by Jedi Mistress Ari
on Sat, 03/24/2007 - 19:16

Posts: 2192 Credits: [Donate]

Total Replies: 95


I needed some time away from the forum. Even though I'm no longer a collector, and sympathetic to the members here, I didn't need to log on to read up on how collectors are all scumbags and I didn't need to read Sam Glover's little byline about suing debt collectors. I needed my job. While I was collecting for ESM Enterprises I dealt with the biggest low life parasites ever. Trash using that rediculous statute of limitation on debt to get away with outright thievery. More louts hurling disgusting language at me. And me, cooped up in this miserable tiny office tethered to a multi-line phone, simply trying to make ends meet until a better prospect came along. It finally did. Hallelujah, thank the Lord for AppRiver!

I'm a Tech Support Liaison now for an internet security company in Gulf Breeze. Salary is good for a recent grad.

I'm also a redhead now. Auburn to be exact. Though I botched it a little, my natural color can still be determined by the roots and ends. I've always been leery of allowing chemical dyes to touch my scalp.

Home life kicks. I enjoyed a nice long visit from my in-laws from Denmark. My husband had a privacy fence put up around the backyard, he also put in a small pool, a badminton net, and decorated the patio with tiki torches for outside dinners.

I'll miss some things about ESM. The girls I worked with were good company. I plan to stay in touch with them. One of them is my Avon rep and also a cosmetologist. She's making me beautiful, I'll be attending my cousin's wedding looking like a movie star.

My blood pressure is finally on the decline. Epsom salt is the ticket. May be hell on my digestion but it gets the job done.

Yes yes of course I've missed those I'm closest to here in the forum. But quite frankly I;ve had a gutful talking about debt and collectors. The entire subject is distasteful to me.

Kisses and hugs everyone!


"While I was collecting for ESM Enterprises I dealt with the biggest low life parasites ever. Trash using that rediculous statute of limitation on debt to get away with outright thievery."

Because this is a Free Rant, I just want to make a brief comment about your post as quoted above. People who use the SOL defense are not Trash as you say they are. The SOL defense is a legitimate legal defense put in place so that claims cannot go on forever. If a person chooses to rely on thier legal rights, that does not make them Trash. Nor does it make them Thieves as you accuse them of being.

When collecting a debt, just calling someone a Thief or Trash is a violation of the fdcpa. I am shocked to find it in your post.

Obviously my response will not make me popular with some people. However, I care more about the people who are dealing with this very type of harassment every day than what anyone thinks of me.

If you don't want to be lumped into the same groups as other collectors, maybe you should be careful about what you say about alleged debtors of whom you know nothing about except that they show up on some computer with a dollar sign next to their name.

In closing, I am sure you are a very nice person, but I deal with collectors every day who make the very same accusations. I am sick of it.


lrhall41

Submitted by texaslawyer on Sun, 03/25/2007 - 19:55

( Posts: 258 | Credits: )


I see your point, TL, and I won't jump on you. I think Ari's statement is based on the fact of people allowing the debt to roll and roll and roll, avoiding the fact that they know they owe this debt, then push it beyond the SOL and in that regard, get away with paying what they rightfully owe.

I think it is true that there are many times the debt truly is old and beyond collection. But I also think there are times people purposely find a way to play the law to their favor to basically steal. The company dragged their heels and now have no case. Yeah - that's the fault of the company. In the same regard, the debtor should have owned up and worked out payment of their debt instead of knowing avoiding it.


I hope you see my scenario. While I don't think it common, I do believe it has happened in the past and will happen in the future.


lrhall41

Submitted by jedijeff13 on Mon, 03/26/2007 - 09:42

( Posts: 1734 | Credits: )


I didn't even know there was an SOL on debt...When I pulled my credit report and tried to contact some of the places on there to pay them off last year...two of the companies said that to me and they refused to take my money...I was like what is that about??? But until then I had no idea there was an SOL on these things and would never use it to get out of paying a debt that I legit. owe!


lrhall41

Submitted by Leah on Mon, 03/26/2007 - 09:56

( Posts: 2322 | Credits: )


Ari, I have missed you. I havent been on much lately either. Glad that blood pressure is down. I told you that you would find a good job. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Mon, 03/26/2007 - 12:38

( Posts: 2477 | Credits: )


Kyside, I missed you too and am glad to hear from you. I'll qm you my myspace address. I'd love for you to join.

Texaslawyer, you clearly didn't read my entire post. I've never harassed a debtor in my life no matter how rotten to the core they are, and my deepest sympathies are for people who have fallen on hard times and wound up in debt, I on the other hand have no sympathy for those who do nothing except take and that is where my opinion about the people I had to call came from! Just FYI, I've dealt with numerous lawyers who were also debtors who clearly thought they were too cool to talk to a collector in spite of how much they owed on their STUDENT LOANS of all things! So unless you are 100% righteous and debt free, don't criticize me! People who do skip out on their justly owed bills based on some rediculous law ARE thieves! Taking something without paying for it.

This is the last straw. I will not tolerate being criticized by someone who didn't take an entire posting into consideration, just a snippet of it. All of you who I enjoy talking to, know who you are, will be getting my new myspace group address and invited join. If these migraine-inducing debacles keep on, I'm officially quitting this forum.


lrhall41

Submitted by Jedi Mistress Ari on Mon, 03/26/2007 - 16:09

( Posts: 2192 | Credits: )


JediMistressAri, I did not accuse you of harassing a debtor. And I did read your entire post. I was only writing about the part that I thought contradicted the spirit of this forum; helping others.

I am not sure what other lawyers have to do with this, or why having student loan debt somehow excludes me from speaking out.

There are certain times when not paying a bill is criminal, like when a person never intended on paying it in the first place, or when someone gets services with a hot check. Debtor prisons went away quite some time ago when society realized most debtors were not thieves. Entering into an agreement to repay money is a contract. Failing to pay the money back is a breach of that contract. It is a civil matter, not criminal. Creditors have a choice, if someone does not pay or cannot pay, sue them. Then keep the judgment alive.

By the way, many debt collectors benefit from the very same statute of limitations defense. Except under the federal law, someone who is illegally harassed must bring their claim within one year. It has always interested me that the law usually allows creditors a much longer period of time to bring suit against a debtor than it does for a debtor to bring a claim against a debt collector.

I am a consumer advocate. I am not a better human being than you or anyone else. This is a very small world, and I get to see the ugly side of the financial business on a daily basis. The saddest part of this all is that it is all about money. In the end, some humans are thieves, but no humans are trash.


lrhall41

Submitted by texaslawyer on Mon, 03/26/2007 - 18:12

( Posts: 258 | Credits: )


I very much appreciate your frankness regarding this matter, sincerely.

You mentioned the spirit of this forum being to help others. That was the original plan. I came here in 2005 as a guest and a collector who lived the fdcpa and enjoyed helping people out of the money pit, and I was inspired to use what I experienced to help honest people who were genuinely concerned about preserving their pride, honor, dignity, and good name, while they were being harped on by truly cutthroat collectors who couldn't even spell FDCPA. Those people are also moderators now, and are doing so much better now than they were in 2005 when I first encountered them.

So there is an SOL on reporting a dirty collector? I truly did not know that, and I equally do not condone it. People on both sides, collector and consumer, MUST be responsible. If not for themselves, then for society. I'm unfortunately seeing that spirit of helping in this forum turn sour. Lots of rudeness, sarcasm, lots of attacks on moderators by the dirty collectors who come in as guests, lots of attacks on the members by the same people, lots of attacks on guests by members, and it doesn't seem to be ending any time soon.

As a collector, when I would try to negotiate a settlement or payment plan with a debtor, only to be told to go f myself, called a c word, and other various juvenile obscenities, then it's difficult yet impossible not to see this type of people as trash, nothing but the dregs of society who take advantage of the generous living amenities America has to offer, and thumbing their nose at the taxpayers who make life cozy for them.

I feel like what compelled me in this forum is gone and has been replaced by many things I don't like. People ask for my advice, but they don't take it. It seems more like people want me to tell them what they want to hear as opposed to what is appropriate, and I can't do that.


lrhall41

Submitted by Jedi Mistress Ari on Mon, 03/26/2007 - 18:37

( Posts: 2192 | Credits: )


I have never been a collector, so I have never been on the receiving end of the things you mention. It must have been hard to be in that line of work when those insults were coming at you.

I would be the first to benefit if they did away with the SOL. Knowing what I do now, I could go back and sue every debt collector who harassed me for 10 years when I was a victim of identity theft. I could retire.

In closing, the SOL is an affirmative defense. You are right in that it does not replace a promise, moral obligation, or honor. I agree that if someone can repay, they should, but there is never honor in paying a debt past the SOL when you can't pay the rent, utilities, buy medication, or put food on the table.

Don't let me run you off. We are on the same side with small differences of opinion.

Peace.


lrhall41

Submitted by texaslawyer on Mon, 03/26/2007 - 18:57

( Posts: 258 | Credits: )


I've never told anyone here to appease their collectors at the expense of their needs. I told everyone to put their needs and their families needs first, even when they had pay day loan collectors threatening them with false arrest. I've seen debts as old as me (I'm 27) where the debtor never was sued, or payday loans a year old and nobody goes to jail or to court. In most scenarios, a debt is usually four or five figures when a creditor deems it worth the time and expense of litigation.

Since you endured the stress, humiliation, and fear or identity theft, and then you were victimized further by unlawful collectors. I personally find that the SOL shouldn't count in special cases such as yours. If you had the opportunity to put those clowns on their place, I'd wish you all the luck in the world. Collectors like that make honest collectors like I once was look bad and it's almost impossible to build trust with a debtor who was once threatened with jail and a severe beating from Guido and Jimmy the Fish. I've heard ugly obscenities thrown at debtors who were scared. This whole collections industry is a double-edged sword and everybody loses a lot of blood. It's why I couldn't wait to get out. Did you see what I posted in the Identity Theft forum? I'd like to see companies like this shut down and their owners run out of town on a rail.

Olive branch recieved, and thank you.


lrhall41

Submitted by Jedi Mistress Ari on Mon, 03/26/2007 - 19:13

( Posts: 2192 | Credits: )