Good/Bad CAs
Date: Tue, 01/29/2008 - 08:05
I can understand where a CA comes from. He doesn’t know the debtor, for all he knows this could be someone who makes a habit of getting credit and never paying it. I don’t know how many times I have seen the guest posts on here about ‘pay your bills’ etc etc. However this does not excuse the typical behavior of many CAs. I think CAs need to remember that this economy is screwed up and especially with say medical bills, some people honestly just can’t afford to pay….a CA should understand that if a person only has so much money, that the necessities of life will come first, they have to. All a CA can really do is either A- try to work with the debtor (I understand a CA may have his hands tied as well…..depending on company policy). B- mark the account as ‘unable to pay’ (personally there is a HUGE difference between unable to pay and refusal to pay).
Unfortunately what we may think of as a ‘good’ CA may be a ‘bad’ one in the eyes of the industry. Many of these firms (LVNV, NCO) only care about the bottom line. They may not like a CA who is friendly and helpful. Many CAs get bonuses…you can bet your last dollar that these bonuses are not gained by CAs who work with debtors and make reasonable payment arrangements.
This really puts the CA between a rock and a hard place. They are making an earning as well as the rest of us. But once again, this does not excuse all the underhanded tactics. Instead of screaming, making threats, name-calling and just all around nastiness, the CA could simply and politely explain the situation..that this must be paid (they want validation? Fine…order the documents). Of course…you want to bet that said CA won’t have a job for long? (With more of the disreputable firms).
In all honesty I would rather work at a Mc Donalds cleaning the toilets with my tongue than be a CA these days. (No disrespect intended to FYI or any other nice CA on here....you got some brass ones for doing what you do.) :D
What GoldenBast Said!
GoldenBast, I really liked your post! In my opinion, you were right on target with every point you made.
I don't think it's just CA's that don't seem to realize just how screwed up the economy is or how one single "bump in the road" can cause you to financially spiral out of control. I think most people suffer from a case of "It couldn't happen to me." I did, until it did. I'm not going to go into all the details of me and problems; however, I am a perfect example of that. I was doing great a little over a year ago, had a great job, making great money, and suddenly I had a medical problem and I needed to take time off from work on a short-term disability. I have now been unemployed for almost a year now, and I am pretty much in financial ruin. If I got a job today, I don't know how I would being to start repaying what I owe. I do know that when I do get a job I am going to seek help with this, in the form of debt consolidation or if needed an attorney, as I know I wouldn't be able to handle it on my own. In the meantime, though, the CA's are still calling daily wanting money I don't have. They'll just have to be patient.
Also, not to put down any collectors on this forum, but I really would rather have my eyes gouged out that work in the industry. Not only because I don't think I could make it as a CA, but also because I worked in a call center at a bank before, and really wold rather not do that kind of work again. My hats off to the honest and professional CA's that do their jobs without compromising themselves morally or legally.
I liked the post also! Except for the McDonalds part! Eeeewwww!
I liked the post also! Except for the McDonalds part! Eeeewwww! Yuck!
Do you think if you stopped at a gas station, filled your tank,
Do you think if you stopped at a gas station, filled your tank, and then explained to the attendant that you don't have any money to pay for your gas that they would just forgive the monetary value because they feel bad?
This is the same thing as the CA should understand that you can't pay your debt. Why should it matter if you are unable to pay or refusing to pay? It all means the same thing - no money being paid to the debt. (But I can't pay for the gas I just filled my car up with, I am unable to pay!! This type of behavior would result in the cops being called to the gas station. This is REFUSING to pay no matter how you look at it.)
That doesn't make much sense. Why should the OC or CA foot the bill for purchases made that now cannot be paid. When you are extended credit, life does not stop. You sign an agreement to pay the funds back plus interest. What does the shape of the economy matter to the CA? Why do you think the economy is in the shape it is? Maybe because of the millions of Americans that sign agreements and then default, causing a hit to the economy. The CA should ???????work with the debtor??????? ???????? why should they work with them? The balance is due in full because it is in default. Now is not the time to expect the CA to call up and hold the hand of the debtor. The CA did not create the situation for the debtor. The CA is actually adding funds back to the bottom line of the economy by collecting on the defaults ???????? recouping some of the loss.
Why does it make a CA "bad" if they expect you to uphold the agreement, regardless of your circumstances? ???????the CA could simply and politely explain the situation??????? ???????? do you really need someone to explain politely that you have failed to meet your obligation? Did you not already have months, if not close to a year, to clean this issue up before it landed on the desk of a CA? Why would you expect to be able to stop paying on a debt for so long that it meets the requirements of a ???????collection account??????? and then expect someone to tell you everything will be alright and they are there to help? That is not reality. Why should the collector, who is earning money to pay their bills, need to hold the hand of an adult and explain the situation to you? If you are responsible enough to borrow the money in the first place, maybe its time to hear the harsh reality in a not so polite way.
Don't get all hopped up - I am not an employee of a CA. I owe money just like all of you - but none of mine are charged off. This sort of post screams of not taking responsibility for your actions. Why should they wait on getting paid until you can afford it? Why does that make sense? Nothing in life is free, but when someone actually gets in your face and asks for what is theirs (or what they have been hired to do) someone who is charged-off thinks it????????s absurd and should not be allowed.
You are only hurting yourself in the long run ???????? that and the economy.
Good Point
Guest, you made a good point and I appreciate it that you made it professionally; however, I guess we'll just have to agree to disagree.
Unwilling to pay and unable to pay are, in my opinion, two completely different things and I think it is important a distinction be made. If someone is gainfully employed and can pay back what they owe, yet chooses not to, then they are unwilling to pay. If a person has no job and no income for an extended amount of time, then they are unable to pay. Because a person is unable to pay, that does not make them deadbeats or criminals and for a CA to imply such is just plain wrong.
And no, a CA does not have to ask politely for payment from a debtor; however, they do have to obey the law. Namely, the fdcpa and when they don't then it's time for them to be held accountable.
Quote:Guest: Do you think if you stopped at a gas station, fille
Quote:
Guest: Do you think if you stopped at a gas station, filled your tank, and then explained to the attendant that you don't have any money to pay for your gas that they would just forgive the monetary value because they feel bad? |
That ^^ really is a poor scenerio to compare with people who have debts they are unable to pay in full due to unforseen circumstances. Also, everything that you posted would be GREAT in a perfect world, however, this is NOT a perfect world, and NEVER will be. We are talking about people, human beings, not robots or Stepford wives (so to speak). YES, we know we owe a debt, YES we know we signed an agreement to pay back what we borrowed, and YES we know that CA employee's are there to perform a job so they may also make a LIVING to feed their family. You have not said ANYthing we don't already know.
The bottom line is this, I will NOT sacrifice my food and shelter to pay off a debt, especially when I have been placed in a position which is beyond my control and left me with little or no funds to survive IF - I used them to pay off the debts I owe, however; I will do my best to pay these debts in a reasonable amount of time, it's just going to take longer now, because my financial status has changed since I signed an agreement to pay them. I will NOT allow a CA or anyone else intimidate me or make me feel as if my value as a person is less than it was prior to my unfortunate circumstances that brought me to this point. No offense intended toward you, or any other person who shares your views, I am just voicing my opinion on this matter, nothing more.
I think all of you make valid points. I never felt so guilty as
I think all of you make valid points. I never felt so guilty as the day that a CA called me several times at work and home demanding payment NOW! Or he would meet me in the parking lot, were I worked, to collect everything I had paid for with that card. He was a mad man and I dam near peepeed in my pants.
I did not intend to default on this card, but I was maxed out on everything and a helpful soul offered to ???????Settle??????? my accounts for a fee. That helpful soul had me default on all of my cards to work out a better settlement. (Sounded good at the time) Then after a few years and causing my credit to fall rapidly these??????? oh so helpful souls??????? took off with all of the money I had given them to pay my debits.
So you see I had a little help getting were I am today. But I will never knowing let my bills get behind again and I will never trust anyone to take care of it for me. If I owe I owe and nobody else is responsible but me.
Ok guest, what would happen if you were in a accident and couldn
Ok guest, what would happen if you were in a accident and couldn't work for over a year, or couldn't go back to work because you became a quadriplegic? If you had to rely on yourself only and didn't have anybody to help you out with your bills you'd be along for the ride dealing with collection agencies, perhaps some of the same unscrupulous CAs that are mentioned here. I'm sure you wouldn't want them to "hold your hand" but I'm also sure you wouldn't want one to tell you to "get off your crippled but, get a job and stop being such a deadbeat" I've actually heard that in a recorded call before.
I like it when a collector acts nice, but mainly as long as they conduct themselves professionally (and hopefully somewhat civil) and stays within the guidelines of the fdcpa that is what matters.
Guest, you failed to get the gist of my post. I never once said
Guest, you failed to get the gist of my post. I never once said a CA had to understand non payment. I said they had to accept the fact that sometimes a debtor simply cannot pay. The gas analogy is not really an analogy at all, since it is completely different scenario. No matter what, failure to pay your debts is NOT a crime.
N O T A C R I M E.
You are also assuming this is credit card debt. That is only one of the possible debts. What about medical? Did the person being rushed by ambulance to the emergency for an accident ASK to be in the accident? When they get the thousands of dollars bill and they turn out their pockets and a moth flutters out, what do you propose they do? Not eat? Not feed their children? sit in the dark and freeze to death in the winter because they let the electricity go to pay the bill? What I am saying is that there are circumstances beyond peoples control. a CA HAS to accept that, period. Just because someone can't pay doesn't give the CA the right to harass, lie and threaten. THAT is against the law. NOT the debt being unpaid. Please try to grasp that.
Once again, guest, you go with the worst possible scenario-the person who simply refuses to pay because they don't feel like it. That is completely different from what we are doing here. We are offering solutions to people who are backed into a corner, people who had life drop a piano on their heads. Heck, we don't even condone non-payment! Don't you actually READ what we are saying?
We are two types of debtors here, those who have uncertain debt and those who have fallen on hard times and can't seem to get out from under the dogpile of creditors.
The 'uncertain debt' are those who have CAs hounding them or reporting on their credit report for things they either honestly don't recognize, or things that are reporting wrong information, or especially things that are reporting hundreds, sometimes thousands of dollars more then what the debtor actually owed. These people NEED to know their rights. They have the RIGHT to proper debt validation. A court of law demands to see proper validation, so that should tell you something right there.
The debtor who has fallen on hard times is someone who has actually fallen on hard times, not someone who is whining they don't want to pay their debt. We are NOT talking about someone who whines on the phone that they can't pay their debt yet have a luxury car, a summer cottage, expensive electronic equipment. We are talking about people who had a life altering event and now can't seem to make ends meet. The person who has pawned all they could manage to pay the bills. The person who makes sure their children are nutritiously feed yet eat ramen noodles and dog food themselves.
I am so sick and tired of people (CAs and no) coming here and looking down their noses at us from their rediculously high horse. 'Pay your bills.' Once more, I ask you, dear guest, how do you propose they do that with no money? Sell their children on the black market? Hook on the street corner? Why don't YOU TELL ME?