Collection agnecy called wanting payment.

The name of the company I mentioned above was Worldwide Asets Purchasing. The account they are wanting is still with original creditor and is enrolled in debt consolidation.

Wow! You were so confident while talking to the caller. Guess, she didn't expect it from you.

Mom of twins, now I am sure you have learnt the fdcpa laws by heart and will force the collectors to go through it before placing the call to you.

They don't like it when you ask for their actual name and actual company name. We are in consolidation and I figure let the consolidation company handle them. All I can say is bring it on! I can hard ball to.

Does a collection agency have the legal rights to file a lawsuit? Most of the times, they threaten with it. Can they really file charges or they just say to scare us?

Hi Fernando

Welcome to the forums.

It is very important to understand clearly if a collection agency can file a lawsuit against you. If the debt is with the original creditors, the collection agency can request them to file a lawsuit, especially if the debt is huge. They don't have the powers to file a case against the consumer. It is up to the creditors to take actions accordingly.

collection agencies do not like redirecting an account back to the creditors. It will give a bad name to their business hence they use every means to collect money from the people. Sometimes scary tactics are used on such situations. Be aware, the collection agency does not have the legal rights to sue you if the debt is with your creditor.

Let us consider the situation when the collection agency has actually purchased the debt from the original creditors. It is obvious that they now have the ability to sue people, but remember; the debt has become quite old by now and has lost most of its value.

It is during this time, the collectors use scary methods and intimidate people. These tricks will work faster and efficiently than following the legal procedures.

In comparison, the threats regarding lawsuits to people are actually more in number than they actually are done. There is a lot of difference between said and done.

If the debt is recent, chances of lawsuit are possible. If you have been served legal papers, immediately consult an attorney. Most probably, he will guide you towards the right direction.

What if the dmv messed up and sent you the title to the car with no lean company can they still reposess?

Hi easylover4u007

Welcome to the forums.

Based on the limited information you have given, it won't be right to suggest you anything at this point. Things may get contrary.

It will be better if you can explain the whole thing in detail.

Regards
Roxette

i got a lown from a place the car lot messed up and gave me the title and i made my payments like i was suppose to i had a death in the family then my father went throgh heart surgery and i got behind in my payment i tryed to ask them for more time to let me get on top of things they said no i was to far behind now the title came back to me from the dmv with out a lean holder only my name appears any where on it i still want to pay off my lown but am worried of them reposessing it i just went back to work and now have the means to pay them off or consolidate my bills to hold them off was asking if they can reposse it or do i need to volentarly hand it over to them

I would talk to an Attorney to find out what your options are.

However, I would think that if you posses the title of the car, and they are not listed on it in any way as the lien holder, you may be very lucky in they have little legal documentation to support repossession (of course they will have your loan papers and payment history, however the title listing them as a lien holder is also required).

This of course does not release you from the responsibility to pay your debt as agreed. This may also be a bargaining chip. (once again consult an attorney ).

If you advise them you are in possession of the title on which they are not listed as a lien holder and you want to make an arrangement to pay, they may realize they can't show a legal right to repossess (they can't show a legal claim to the vehicle), and be more willing to negotiate a settlement. Part of that settlement may include surrendering the title and having the DMV correct it. Most Auto Finance Companies will usually begin Repossession after 90 days delinquency.

Have you considered asking them to forbear the past due amounts? Some companies will do this if you are thirty or more days past due. Usually there is a small fee associated with it, and your contract is extended buy the number of payments you have missed. Americredit and Capital One Auto Finance and Triad offer this option, though they do limit the number of people per month whom they will do this for. You may be better to wait until the first of the month (like 8:00 a.m. January 2and) and call then and ask.

easylover4u007

I would have also said something similar to what Clay suggested. Clay has explained it very nicely to you.

I feel that the lender can anytime put me into pressures perhaps, legally after knowing the fact that I am behind in my payments. Moreover, I am not fully safe even if the lenders are not listed in the title of the car. Maybe the lender can use other way and repossess my car.

When you have the means to pay off the loan now, talk to your lender and advance them a large amount, perhaps the amount that you defaulted and avoid this repossession. This might be one of the strongest ways to stop your lenders from taking any actions against you.

easylover4u007, do let us know what you will be able to do from your side.

Regards
Roxette

The next time (if) it happens again, say give me your number I will go downstairs and call you back with the information to clear this. I did that once and go the number to a company and made a formal complaint to the corperate office.
1st It was after 9, second the call was for my daughter who did not live at my home and they proceeded to accuse me of being her and trying to get out of paying "my" bill. After I got done hanging up on them I filed a complaint the next day to everyone I oculd find.

i am given up they can have the truck back i dont need the head ack thanks for all your advice people

Oh GOD! Not Worldwide Asset Purchasing! They're a client of ours at Protocol Recvoery Service! Now I know I have to start looking for a real job! Check out my topic "I hate collecting payday loans" in the forum! I am in such a quandary, I work at a well meaning collection agency who inadvertently contracts with charlatans!

Ari,I wish you luck in your job search. I have gained a lot of knowledge and understanding from yours and Collector Matt's posts. Your post about hating collecting payday loans shows your care and compassion . While more people like you are exactly what the industry needs, unfortunately I think you are definitely in the wrong job.

In the mean time, if your current employer is really upstanding and believes in doing the right thing, than maybe it should be suggested they consider dropping those clients who are found to be skirting the law or dumping bad (i.e in unvalidated, unsupported, and undocumented) accounts. You said they were a smaller agency and not in a position to be picky, however they will be much more successfully if they take the "high road" and refuse accounts which are dumping bogus claims and deal only with companies that have legitimate debt that need to be collected on .
Unfortunately, there are even some well known companies out their that are fabricating accounts and collections and dumping them on the collections industry in an effort to improve their own bottom line.. (T-Mobile and Cingular come to mine immediately).

Good luck in your job search! please keep us updated on your results, fortunately forget any money expended by you for job search expenses are tax deductable,so get those reciepts!

Thank you, Clay. I greatly appreciate your input. I have to work tonight from 5-9 and al I can think is "Gag me!!!" I have also been searching through Monster.com and maybe I'll check out CareerBuilder.com and hopefully I'll find something new, positive, and refreshing as opposed to sitting on my can all day telling innocent people to pay back these loan sharks. Just the thought of going in to do so makes my head ache and everything in my stomach tense up.

I also have something to say to easylover4u007 whether or not he/she wants to hear it. Letting them repossess is by far not the answer if all you want to do is avoid headaches. When property is repossessed it is then sold at auction for usually less than it's original value which is the loan amount you took out. So your truck will be gone, but you will still have the remaining balance of the loan ($2000-$3000) to pay back, and the original lender can sue you in court for it. Don't shoot yourself in the foot.

Another piece of helpful advice, and you may hate me for this, but it's for your own good. Your spelling and grammar are atrocious. Your obvious lack of education makes you easy pickings for sleazy car dealers and predatory lenders. Learn to defend yourself and go to school.

Ari, Good luck in your job search. My wife recently found a great job with BP using Career builder. It took her almost two months, but it paid off in the end (in her case, they came to her, she didn't even see the job when she was looking).

AS for spelling, there are programs out there that integrate with Internet Explorer, the best one ( i use when I use Internet explorer) is IEspell. There are also two extensions out there for Firefox which will check your spelling in post to forums such as this before you actually post. I uses an extension called Spellbound for Firefox. with this one you have to download dictionaries to make it work. I use the mozilla spell check libraries. Both spell checkers allow you to add words you may use to their dictionaries for future checking.

If anyone wants help finding these programs , send me a pm and I will send you a link to download them.

Thanks Clay, but I wasn't talking about myself! I am very well educated, It's easylover4u007 that I'm concerned about. Reading his/her posts is like reading something Forrest Gump wrote, it's rediculous! It is also a known fact that sleazy car dealers, predatory lenders, payday lenders, and other charlatans in society seek out people who can't read between the lines! Clearly, anyone who misspells loan and headache is clearly someone who lacks the comprehension of fine print!

I know you weren't referring to yourself.
I threw that in for anyone else who read that post and may have a need for a spell check. It was kind of an after thought. Sorry if I didn't make that clear.