Debtconsolidationcare.com - the USA consumer forum

Fees on debts sold to collection agency

Date: Wed, 02/13/2008 - 12:29

Submitted by Lonnis
on Wed, 02/13/2008 - 12:29

Posts: 16 Credits: [Donate]

Total Replies: 15


Are collection agencies allowed to tack fees on to what your debt balance? I have a debt for tuition, in the amount of $1163 back when I was going to school but wasn't able to pay. According to the Utah State Tax Commission, who has placed a lien on my state tax returns, the majority of the amount that I originally owed is payed off, but the collection agency has tacked on an additional $300+ to my original debt and are reporting that I have paid nothing, and still owing $1400. Is this legal?


They can tack on what they want. That way they can settle for more to avoid going to court. collection agencies look at the bottom line. If they bought your debt of 1100.00 and tacked on 300 if they settle for 800 they have made a huge profit. Send a debt validation letter and ask how they came up with that figure. If they validate the debt make them a settlement offer. A tax debt however may be penalties applied to the debt by the taxation division and the collector may have simply been hired and is going by the guidelines of the dept. according to their contract. You may still have a chance to settle but it may be more difficult and not as flexible.
The troll should stop wasting company time on the computer or he will get fired and have to deal with the CAs himself. What goes around comes around troll guy!


lrhall41

Submitted by Frogpatch on Wed, 02/13/2008 - 13:24

( Posts: 5381 | Credits: )


The fdcpa prohibits charges that are above your contract and restricted by state laws. In other words if you debt allows for interest charges the collector can collect those charges but cannot tack on any additional charges if your state laws prohibit this. This is a tough one to interpret. I am looking for a second opinion on this!


lrhall41

Submitted by Frogpatch on Wed, 02/13/2008 - 14:07

( Posts: 5381 | Credits: )


This appears to be a tuition account for a state school. If you look in the school handbook, you will see that by attending the school you agree to all policies which include all collection cost and court and legal fees. Since your school is a state school, they are deemed non profit and will not take a loss, so you pay all the costs of collections. Collection costs for tuition accounts can be as high as 59%.

Also, tuition accounts are NEVER sold to a CA, only assigned under a contract.


lrhall41

Submitted by SOAPLADY on Wed, 02/13/2008 - 15:42

( Posts: 17315 | Credits: )


Quote:

I called up the school to see if it was possible to circumvent the CA to pay the amount, but they told me I have to go through the CA.


The CA is under contract with the school. The school must pay the fees to the CA even if the CA never makes a call or even talks to you. You could pay direct to school but the payment would be credited to the CA account.


lrhall41

Submitted by SOAPLADY on Wed, 02/13/2008 - 17:54

( Posts: 17315 | Credits: )


The only fees you have to pay are what are enforced in the contract or the % interest rate that is allowed by state law, unless state law allows additional collection fees or that the fees are given provision in the contract. The best thing to do is to first review your contract and review your state law regarding consumer law. That will give you the information that you need.


lrhall41

Submitted by JCEMT on Fri, 02/15/2008 - 06:46

( Posts: 2934 | Credits: )


Tuition accounts generally do not charge interest. OP is being charged for the cost of collection.

Also keep in mind the OP stated that this has been submitted to the Utah State Tax Commission. This debt is for a public school which in turn equals state debt. They can charge the borrower whatever it costs them (the school) to collect the debt.


lrhall41

Submitted by SOAPLADY on Sat, 02/16/2008 - 07:49

( Posts: 17315 | Credits: )


I called the collection agency up today and they are saying that I am being charged 18% annually for this account. My state tax return was withheld each year for the last 3 years (soon to be 4). How can I differentiate between "junk fees" and legitimate rates?

The amount they are taking is now $100 dollars less, according to them, than what was originally owed, based on their fees accrued over the years.


lrhall41

Submitted by Lonnis on Mon, 03/03/2008 - 16:43

( Posts: 16 | Credits: )


Quote:

I called the collection agency up today and they are saying that I am being charged 18% annually for this account. My state tax return was withheld each year for the last 3 years (soon to be 4). How can I differentiate between "junk fees" and legitimate rates?

The amount they are taking is now $100 dollars less, according to them, than what was originally owed, based on their fees accrued over the years.


Sounds like you were taking to a new or poorly trained collector. Federal loans are governed by federal law and the collection fees are assessed one time only, at 60 days post default. Your interest is probably in the 6-8% range.

Collection fees are not junk fees...they are the cost of your default. Your interest has been accruing and is regularly being capitalized into your balance.


lrhall41

Submitted by SOAPLADY on Mon, 03/03/2008 - 16:53

( Posts: 17315 | Credits: )