Debtconsolidationcare.com - the USA consumer forum

before you point your finger.....

Date: Sun, 12/18/2005 - 17:35

Submitted by CollectorMatt
on Sun, 12/18/2005 - 17:35

Posts: 95 Credits: [Donate]

Total Replies: 24


if the speed limit is 55mph, raise your hand if you actual drive 55mph or less. ok, since nobody raised their hand, i will ask this - you break the law every day by driving over the speed limit, does that mean you should be punished for it?

food for thought.


I know what you mean! Here we are, the collectors, under pressure to follow the laws to the letter as most of us already do, but there is a catch-22. Credit card apps and loan apps are legally binding contracts and debtors who are referred to collections are in breach of contract. We call them on it and more often than not get called every name except the ones on our birth certificates. Then in come the cease comms if we don't massage them and blow sunshine up their ****. Now who is breaking the law!
Not that I have no compassion or open mindedness, but the scenario I just wrote rings true of about 80% of all collections debtors. The other 20%, most of whom are members here, I do empathize with.


[color=Red]****Adult term removed - Jason[/color]


lrhall41

Submitted by Jedi Mistress Ari on Wed, 12/21/2005 - 20:12

( Posts: 2192 | Credits: )


These people have made an agreement and then break it, and it is the collector they blame and then try to wriggle out of the debt.
In 99% of the cases i deal with - the debt is valid and real, and yet although they know that - they still want all the validation letters etc just wasting mmore time and evading payment that bit longer.

Be adult, take responsibility and deal with the debt, don't try to get out of by blaming the collector.

But if they behave badly toward you - use the consumer protection you have.


lrhall41

Submitted by on Wed, 01/04/2006 - 09:38

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Quote:

they still want all the validation letters etc just wasting mmore time


__"Another collector"_
You might see it as a waste of time but it is legally ours to request, and as a collection agency, you have to provide it as requested. Its not a case of trying to get out of paying a debt. Its about making sure everything is legal and that we agree with everything before voluntarily forking over money.

I mean, what do you say about an account/accounts that everytime you ask for validation, suddenly the collection agency gets quiet, you don't hear anything else from them...then several months later, another collection agency has the account. You go through the same song and dance with them. You ask them for validation, silence, several months later, you're hearing from another different agency. Who's wasting time here now? I am not disputing the debt or trying to get out of the debt, I just want to make sure everything is what I agree with, since its been passed through so many hands, how do I know everything as is what I originally agreed to?

being open and honest here,
shirley


lrhall41

Submitted by imkimssister on Wed, 01/04/2006 - 09:56

( Posts: 1301 | Credits: )


Shirley,

A validation letter does not contain any useful information concerning the accuracy of an account. Also, some agencies view it as a threat as a means of communication and don't take kindly to it. Especially a letter that is obviously copied from another source. Why do you keep sending the same letter??? You can waste all the $4.42 certified postage you want. As you stated in your above write-up, we both know, it never goes away.


lrhall41

Submitted by on Wed, 01/04/2006 - 10:25

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TravisTrittFan,

'Voluntarily forking over money'??

How is it voluntary when you have made an agreement and not paid it, you are obligated to pay back what you have borrowed morally if nothing else.

And in terms of collectors going silent, if their paperwork in not in order after a debtor has dragged it out for ages by non-payment is that fair? no - but they have to take it on the chin.


lrhall41

Submitted by on Wed, 01/04/2006 - 10:39

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Quote:

'Voluntarily forking over money'??


Okay, maybe bad choice of words.
I meant that in a way, that I would gladly pay and not give anyone a hard time about money I know I owe. I know lots of debtors give CAs a hard time and they have to go through the whole 'its not mine', when debtor knows good and well it is. I simply meant that I wasn't out to give CA a hard time and would be easy to work with.

You're right, if the debt is legit, then its the debtors responsibility to do the right thing and pay what they know they owe. But how it is wrong to ask for proper paperwork along the lines of coming to a happy settlement between collector and debtor?

If you look back through all my post from when I first joined this forum, you will see that I have ALWAYS stated that I am a responsible person and am in no way trying to get out of paying my debts. I think the people here know me as this from reading my posts. I had some bad luck come my way but I haven't used that as a 'woe is me'...no, I have kept plugging because I believe in paying my bills. alot of my stuff went into 'charge offs' but every month I continue to pay on them until they will soon be out of the way.

I have actually approached original creditors and collection agencies over my debts and started payment agreements on my own because I am honest and responsible and know that these debts are mine. I only ask for validation on the accounts that I'm not sure of. I work very well with collection agencies.

so, maybe that was a poor choice of words. but I do know that CA have to fight with people over money that they know they owe and I was just saying, no fight here. just asking for proof on a couple of accounts. show it to me--I will start payment arrangements from there.

I have a question for you concerning an account that I would love to hear your imput on. actually would love to hear what any collector has to say about it.
If you're game, let me know and I will post the situation.

shirley


lrhall41

Submitted by imkimssister on Wed, 01/04/2006 - 11:10

( Posts: 1301 | Credits: )


Different type of laws you speak of...

The speed is set by the city. We go over the speed limit, we get caught, we get ticketed, we then have to appear in court, and either pay it or pleed not guilty. In the meantime, our insurance goes up, etc, etc, etc.

Now...when the "bad" collectors start breaking federal laws, it becomes more difficult. Because they pick up and leave. Like scardy cats....they run and hide to a new location. It's very hard when collection agencies refuse to provide any information about themself, or validate the debt (as many will pay, but are only getting threats via phone).

You're obviously on this forum for a reason. You googled your companies name, and this forum pops up.

We've already caught Taylor James & Associates pretending to be the client saying that they're getting paid...when it was Taylor James himself. It just keeps getting stickier and stickier with these collection agencies trying to pull fast ones. You can't trust anyone!

Regards-
Mike


lrhall41

Submitted by Teleport on Wed, 01/04/2006 - 11:47

( Posts: 1388 | Credits: )


Another Collector

Quote:

In 99% of the cases i deal with - the debt is valid and real, and yet although they know that


When you are assured that the debt is real, you should not mind giving the validation details. It is the consumer's money that is getting wasted on the certified mail. But we still want to do it because we want to make sure that we are paying to a legitimate company holding our debt. If you are not willing to give the requested details, there is a reason to doubt.

Don't give a chance to blame the collector and give the details when requested. We want to take responsibility of our debt but things become complex when some collection agencies are not interested to co-operate with us. This is a general situation and I am not pinpointing anyone specifically.


lrhall41

Submitted by david on Wed, 01/04/2006 - 12:12

( Posts: 1229 | Credits: )


The debt validation letter is our way of making agencies verify they actually have the debt. The debt validation letter comes straight off the FTC site. It does very often happen that the CA doesn't have the account and trying to make a quick buck. I feel if you legally have the debt, you should have no problem validating it with all information requested.


lrhall41

Submitted by Not so Lucky on Wed, 01/04/2006 - 12:25

( Posts: 3041 | Credits: )


Settle Up

Quote:

Who are you trying to catch?


Just the bad guys!


I'm also trying to make a point. While Taylor James pretended to be the lendor who hired Taylor James, it ended up being Taylor James & Associates. That means only one thing, that someone from Taylor James & Associates is pretending to be someone else. They're already in enough trouble as it is harassing consumers and refusing to validate a debt.


lrhall41

Submitted by Teleport on Wed, 01/04/2006 - 13:00

( Posts: 1388 | Credits: )


Quote:

And in terms of collectors going silent, if their paperwork in not in order after a debtor has dragged it out for ages by non-payment is that fair? no - but they have to take it on the chin


Sorry, but if I respond the same day I get the collection agencies original letter--which it says that by law I can do and have 30 days to do so....and I respond to them right away, how is it my fault that it gets dragged out for ages and goes from agency to agency? If they had their paperwork in line in the first place then it wouldn't have come to this. so the way I see it, its their own fault.
Me asking for paper work that they obviously can't produce, doesn't mean that I've done something wrong.
just my thought.

And just another thought-why does a collection agency obtain a debt if they can't produce the paperwork, they ought to know that if, by law, the debtor asks for validation, they're screwed. why would they waste their money taking a chance like that?

Shirley


lrhall41

Submitted by imkimssister on Wed, 01/04/2006 - 14:28

( Posts: 1301 | Credits: )


Shirley, I can understand how dismaying it is when some collection agencies make things look tougher when actually it is not. I wonder when different collection agencies purchase a particular debt, they should think that some other collector might be trying to recover the money from the consumer before they place the call. If the other company manages to get the money, the account will be updated with the CRA. Those companies who will place the call after the account is settled are left with nothing but the costs of purchasing the debt.


lrhall41

Submitted by ben on Wed, 01/04/2006 - 14:50

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Shirley...I understand how frustrating it is with agencies. Bear in mind a lot of the agencies on here buy junk debt for pennies on the dollar. If they scare one person into paying, they've made money. And how many times have you requested the complicated validation documentation suggested by the FTC and received no response. It's most likely because they can't get it. It no longer exists after a time determined by the original creditor. So they send a chargeoff statement which means exactly nothing.

If you hear nothing after your initial request for validation, it might just be that the agency has decided you're not going to scare easily, so they will move on to someone that will. At the law firm I worked for until yesterday the FTC boilerplate letter was laughed at when it came in, and it was common to take 2-4 months to receive verification docs and then proceed as normal. Agencies, and collectors, are expected to know the law so they can push it.


lrhall41

Submitted by on Sat, 09/02/2006 - 11:14

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There are people who do take responsibilty then get screwed by collectors and very rude ones. I have not been default with my payments and my contract dose NOT state that my checking account would be frozen if some of the payments arrived late(thought they were happy with something). I have heard comments like

"Thats your problem"

"Thats our job mamm is to take peoples money"

(accusing me of closing my acount had I found out they put freeze or hold on it)The ideal was to pay off the account to get it of my credit report

"yea right you would have ran and closed your account"

"thats your problem" after letting this person know I have $-200 in NSF from my checking account because I wasnt aware of any of this going on.

I even appolized to this person about the late payments and that I would do what ever I could to make sure the rest of the payments would not arrive late. I was told "to bad you should have sent them Fed X or somthing" (great more money I dont have).

This whole experince has left me with a very negative view of collections and creditors. I had paid other debts with my checking account and not one person had done this to me. This was $500 I had in my checking account for emergencies etc, now its gone. I had asked this person how I was suppose to pay anything now that I dont have a checking account and my emergency fund is gone, she said I would have to call back to make other payment arrangements how can I make arrangements when the trust has been broken and they take every cent I put in an account.
( think I will talk to my attorney first this time).


lrhall41

Submitted by on Tue, 09/05/2006 - 05:30

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There have been at least 2 occasions we TRIED to work out a payment plan with the credit only to be told no then turned to a collection agency and again tried to work out payment plans and be ignored or told no so what more do COLLECTORS want??If someone tries to make it right by paying what they can each month that should be enough but no they want it all.If a person attempts to make payments stop being jerks and work with them you might find alot more of your cases settled faster this way!!!


lrhall41

Submitted by on Wed, 09/13/2006 - 10:28

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I know how much I owe, the SOL is over, and all I want is to pay the debt for how much is really was, not $3000 over by virtue of added fees as it was passed around from one agency to another. I want to pay the original retailer/debtor but am concerned that when the funds are forwarded to the CA, the debt is re-aged and the collector tries to pursue for the balance they reference, which is not accurate. I would even pay the collector if I could find someone with the same integrity that I possess. Wait, there now. Before you jump on the prior statement, I was in a homeless situation and was later garnished by the IRS on a continuing basis. I could not pay the debt, bottom line. I can now. Any suggestions? Thanks....


lrhall41

Submitted by Destiny02878 on Fri, 09/15/2006 - 18:38

( Posts: 3 | Credits: )


55 mph speed limit analogy?

Where do you guys come up with these things?

Is that in the monthly newsletter? Is it someones job to think of these things?


lrhall41

Submitted by Glynnie11 on Fri, 09/15/2006 - 21:12

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