Zwicker and Associates hararssing me to repay all my debt

Hi Pedro

Welcome to the forums. Though the collection agencies are allowed to recover payments from the debtors for clearing the past debts, but they are lawfully restricted from using threatening or abrasive words on the consumers.

Before any legal action is taken, they will have to send you notice of it and the decisions will be made in the court. They can't scare you for recovering the debt otherwise it will be a violation of the fdcpa law and will have to face legal action.

Now talking about your debts, you need to have a complete knowledge of the said account which is in collection. Please inform them in a formal letter that you are willing to pay the said debt but before that, you want to know the complete details of the said account. debt validation is your legal weapon as per the FDCPA law you can exercise your consumer rights at the required time. In response to your debt validation letter, they are required to produce the following details of the said account:

• The details of the account.
  
  
• All the calculation should be shown of the amount that is owed.
  
  
• Any copies of the papers to be furnished that shows the payment agreement.
  
  
• Provide a verification or copy of any judgment if applicable
  
  
• The original creditor needs to be identified.
  
  
• The Statute of Limitation needs to be proven for the collection of the debt.
  
  
• The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
  
  
• Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
  
  
• Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
  
  
• A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.
  

Roxette,

I called Zwicker & Associates back today (I had told them I needed to look at my resources and see how I could repay the entire debt within the 7 days they told me I had to do it).

Anyway, during the conversation the person I spoke with kept telling me that they were looking at my credit report and that I had the ability to transfer the complete balance to another creditor. I asked them how they had access to my credit report and they said american express gave it to them.

The conversation did not go very well and the guy kept saying he was going to just put me directly into litigation and I would have to pay attorney fees and costs associated with that. He then threatened to get my husband on the line (the account is in my name and my husband is an authorized user). My husband does not know about this account. I held on the line for quite awhile and then hung up the phone. Can they tell my husband about the account? Isn't this a type of bullying on their part?

Thanks.

[quote=roxette]Hi Pedro

Welcome to the forums. Though the collection agencies are allowed to recover payments from the debtors for clearing the past debts, but they are lawfully restricted from using threatening or abrasive words on the consumers.

Before any legal action is taken, they will have to send you notice of it and the decisions will be made in the court. They can't scare you for recovering the debt otherwise it will be a violation of the fdcpa law and will have to face legal action.

Now talking about your debts, you need to have a complete knowledge of the said account which is in collection. Please inform them in a formal letter that you are willing to pay the said debt but before that, you want to know the complete details of the said account. debt validation is your legal weapon as per the FDCPA law you can exercise your consumer rights at the required time. In response to your debt validation letter, they are required to produce the following details of the said account:

• The details of the account.
  
  
• All the calculation should be shown of the amount that is owed.
  
  
• Any copies of the papers to be furnished that shows the payment agreement.
  
  
• Provide a verification or copy of any judgment if applicable
  
  
• The original creditor needs to be identified.
  
  
• The Statute of Limitation needs to be proven for the collection of the debt.
  
  
• The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
  
  
• Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
  
  
• Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
  
  
• A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.
  

Hi Pedro

Welcome to the forums. Please do not get tensed as they are trying to threaten you the most for recovering the debt from you. Be assured that they won't take any legal action as they are not able to furnish the complete details of your account to you.

You can also take the legal help of your attorney as they are experienced to deal with such kind of situations.

Please don't get bullied by their actions as they earn their money when they can build in the fear in the minds of the consumers. Your rights are protected as per the fdcpa law and you will be eligible for compensation for any illegal act by the debt collectors.

Regards
Roxette

As you suggested in your first reply, I asked them to give me a copy of the original agreement between american express and myself and they said that american express does not have it anymore to go to a bank and get a copy of any bank card agreement and review it. Then, I asked for documentation showing that they were hired by american express to collect my debt and he accused me of not cooperating and said he would persue litigation immediately and then hung up.

In the meantime, I have found a source for repayment and am sending it directly to american express and not to the company who contacted me on their behalf.

thanks for the advise and support.

Pedro

[quote=roxette]Hi Pedro

Welcome to the forums. Please do not get tensed as they are trying to threaten you the most for recovering the debt from you. Be assured that they won't take any legal action as they are not able to furnish the complete details of your account to you.

You can also take the legal help of your attorney as they are experienced to deal with such kind of situations.

Please don't get bullied by their actions as they earn their money when they can build in the fear in the minds of the consumers. Your rights are protected as per the fdcpa law and you will be eligible for compensation for any illegal act by the debt collectors.

Regards
Roxette[/quote]

Pedro

Welcome back. I appreciate that you followed the move suggested and you must have noticed that the collector did not expect you to get so much well informed about your rights in just a short time.

Now, you can feel safe that they won't intimidate you as they have realized that they are dealing with an educated consumer aware of his legal rights.

I am happy that you have found a source of repayment and clear off your past debt. Before you start paying, make sure that your account is still active with them. If Amex has sold the debt to any collection agency, then you might have to deal with the third party only.

Do let me know if you face any problem.

Regards
Roxette

Roxette,

My rude caller from Zwicker just phoned again and he had access to this forum and read all of my posts. He said "Oh, I just love how they gave you the same answer four times over and over.". Obviously, he is not educated enough to see that I hit quote and reply therefore, yes, the response from you is repeated again. You did not actually give me the same answer four times. He also called me a liar. He kept harrassing me about this forum after I let him know I did not wish to discuss it with him and that I felt he was harrassing me. He told me that he can't wait for me to file a complaint against him. He also could not believe I would go to a forum for advise. His comments to me insulted me and I do feel he is violating my rights and he is harrassing me.

Since he is reading this I would like to make this response to him and Zwicker direcetly. Here goes -
Last week we mailed Am Ex a check for $16,000. The remainding balance of 1,000 plus will be paid directly to american express soon. As you have documented, my husband already spoke with an employee at your office and told her that as soon as we get a new statement from am ex, we will pay the remainder. There was no need for you to call me since this arrangment was already addressed with your company last week. I want your harrassing phone calls to me to stop immediately. There is no need for you to insult my personal charachter on the phone. This is a violation of my rights and yes, I do have an attorney and I will file a suit against you if you do not stop.

Have a good day and again, the balance will be paid as soon as a billing statement is received during the next billing cycle from am ex. do not keep calling me and harrassing me as you know the arrangments have been made and will be followed through.


[quote=roxette]Pedro

Welcome back. I appreciate that you followed the move suggested and you must have noticed that the collector did not expect you to get so much well informed about your rights in just a short time.

Now, you can feel safe that they won't intimidate you as they have realized that they are dealing with an educated consumer aware of his legal rights.

I am happy that you have found a source of repayment and clear off your past debt. Before you start paying, make sure that your account is still active with them. If Amex has sold the debt to any collection agency, then you might have to deal with the third party only.

Do let me know if you face any problem.

Regards
Roxette[/quote]

WOW!!!! i cannot believe they are reading this, Well i hope they are so they can read what others are saying about them. Sounds alot like Ellis Crosby and Associates. Where is this place located at anyway?
Dont tell me jacksonville

Katie, I do not mind that they are reading this. That does not bother me in the least. What does bother me is that I only fell behind because I was unable to work. It is not that I was ignoring the debt. I do however, expect to be treated like a human being and NOT called and harrassed, belittled and ridiculed because I posted my problem on an open forumn. I do not believe that is good business practise for them. I have no clue where they are located because they have yet to this date sent me anything in writing...only harrassing phone calls. I had already made arrangements to pay the final amount. The only purpose of the phone call today was to let me know that he read my posts on this forum. He has full access to my file and therefore knew that we had already made arrangements to make th e final payment.

I don't care that he read the posts. I even gave my real name and not a fake one. I have nothing to hide. I told the truth about everything he said and even held some back which I am sharing with my attorney. He has violated my rights and should be repremanded for doing so.




[quote=Katie]WOW!!!! i cannot believe they are reading this, Well i hope they are so they can read what others are saying about them. Sounds alot like Ellis Crosby and Associates. Where is this place located at anyway?
Dont tell me jacksonville[/quote]

Pedro,
Roxanne is giving you some BAD advise. They are a LAW FRIM and will SUE you. Just pay it off it's already on your credit report.

Zwicker & Associates are in Andover, MA. I've got a friend who has had an account with them and one guy got pretty mean with her. Then she had a nice lady who really understood her situation. Her debt was with Discover. They do have a web site and seem to be on the up & up. They are like praying dogs on someone to die. They want your blood also. How in the devil did the guy from Zwicker know about the forum and did you tell him you posted on here. I think that is odd. It's like they have nothing to do but look at the forum for this one certain topic. Let us know how it goes. All lawyers and credit card companies are bad to the bone. Good advice: STAY AWAY FROM CREDIT CARDS ALL TOGETHER!!!

I would like to know how it turned out for you with this company? I've heard good about them and bad. Don't know though. I think there are good people everywhere but it's hard to find them in a lawyers office sometimes. Let us know and how in the world did he know that you are posting here in the forum? I would not tell them about it. It's not any of their business if you know what I mean. Good luck!!!

I think it is best to not use your real name on these forums - I've read other post of situations similar to this where the person was discovered by a collection agency which can adversely affect your settlement.

I used to have an acct with Zwicker, and of course like everybody I was harrased and threated so I set a payment plan and then when I gave my last payment I request copy of my statement and I never heard again from them.
Now that I need my credit clean, it still shows that I how money to the credit card that I pay thru this company zwicker. Here is my question, how can I get a letter or statement where shows that I paid off that account?
or what is my legal right to clear that account from my credit report. The good thing I still have copy of the money orders I've beeing sending to them until the last payment.
Can someone help me??? :shock:

I used to have an acct with Zwicker, and of course like everybody I was harrased and threated so I set a payment plan and then when I gave my last payment I request copy of my statement and I never heard again from them.
Now that I need my credit clean, it still shows that I how money to the credit card that I pay thru this company zwicker. Here is my question, how can I get a letter or statement where shows that I paid off that account?
or what is my legal right to clear that account from my credit report. The good thing I still have copy of the money orders I've beeing sending to them until the last payment.
Can someone help me??? :shock:

Zwicker are just lowlife scums period! They are the worst. They dont even care if they break the law, and have been sued for thier tactics. I will be recording each call i recieve from this day forward....

There are laws against harrassment from these scum piles so do your research!

Don't forget, you can also file a complaint with the BBB on any company, not just members of the BBB. I filed one on NCO, who has some employees that also uses scare tactics, lies, and other unethical and illegal behavior. I felt better just knowing it was a mark against them and added up to the already-thousands of complaints. (I don't think any collection agency belongs to the BBB. But there sure are reports on them anyway!)

According to The Fair Debt Collection Practices Act, a debt collector may not contact you at work if you inform them that your employer disapproves. In addition, you may tell the collector (in writing) to stop contacting you at all and by virtue of this same Act, they must cease all contact with you except to acknowledge your letter or to tell you the creditor intends to take a specific action, such as take you to court or impound a possession if it was used as collateral for a loan (for example, a car). You must address this IN WRITING: verbal accounts (telephone calls and the like) will not hold up.

Furthermore, The Fair Debt Collection Practices Act forbids a creditor from making repeated phone calls to annoy the debtor and from calling and not identifying themselves.

Quote:

Please do NOT be afraid of them. They have sued me and they may end up with a piece of paper that is worth nothing. If I were I will just protect my assets. For example, if you have a home, take a home equity loan (I guess given the current market may not be a feasible option) or simply put a family member as a lien holder. This way you will protect yourself from these devils. They are nasty......My uncle called them and made them an offer of almost 60% of the balance.....They threaten and now am going all the way...I want them to get a judgment because I have no assets and then I want to bend before me and take a 10c for a dollar....They only believe in scaring people and taking people to courts....Do NOT be afraid of them....Just protect whatever you have and you will be fine...When these fukkkers evils realize they cannot collect anything, then they will be reasonable.....They are NOT going to be nice. Their job is to be nasty....So do NOT be scared...Insult them if you have to and change your number.....Rick

I would like to respond to the one idiot that claimed they worked at Zwicker and made 100,000 a year. Yea Right!!! Most people that are in debt is a result of a bad circumstance. Like the loss of a job or illness. It's not cause they are losers and don't want to pay they bills. It's sad when the only job you can get is to make harrassing phone calls to people and treat them like their less then human. Watch the news we're in a global recession. But I get by knowing that your treatment of people when their at their lowest will come back and bite you in the a_ _!!!

It is very possible to earn in excess of $100K working collections...I did for several years. However, it was not the jerks that made the money.....it was collectors like myself who worked and negotiated with debtors.

Zwicker is the bottom feeders of the scum collectors. If you have no assets do not set up a payment arrangement with them. Know your rights.
They don't want to waste their time getting a judgment they can not collect.

I got my first call today from these guys. I know only because the phone number is on my caller ID. I havae filed bankrupcy on all my credit cards. My boyfriend doesn't have to do anything on his because he is on total disability and the lawyer said it would be a waste of money for him to file because they can't touch his SS disability.
I have just had it with people like them. They think the world is great. Look at the people without jobs and they are so greety they want all they can get.. Not from me that won't I have a great lawyer and he is right on this,.

All debt collectors are not scumbags anymore than all debtors are deadbeats. Man up and pay your bills.

"Man up"? Let's see the CC card companies repay THEIR bills.
Like the billions they owe the Taxpayers. And then the extra billions and trillions in damages for irresponsible, predatory, usurious lending practices. And then go back under your rock.

Do not pay anything to Zwicker and Associates without talking to a lawyer first. Zwicker and Associates is being investigated by consumer attorneys who care about people like you. For more information about Zwicker and Associates you may contact aConsumer Attorney for a free consultation with no obligation.

I recently filed a lawsuit against Zwicker for FDCPA violations. \

I have a fresh case with Zwicker and Amex. During the first conversation I was told that they no longer accept complete settlements, Amex is no longer doing this. Is this a bluff ? Collector is "offering" to speak with Amex and help me get enrolled to 6-month long Amex "customer care" program, definitely a good deal and I know about this program, it is 0% for 6-months, but as I might be in a position to settle my debt at 50%, I would like to push that one forward, but the guy keeps telling me that it isnot an options anymore. Any feedback appreciated .....

you have to contact the original creditor, they are who is responsible for supplying you with information in regards to the credit reporting because the original creditor is who does the credit reporting, not z&a

What percentage should I pay Zicker on my Amex card?

I was just called by this company by a very nice collector, from Zwicker, on a debt that was with another collector just two months ago. I am unemployed and have been since Nov 09. Unemployment Insurance is not enough to keep a house going AND pay credit card debt and I told them that. I did not mention that I knew they were the SECOND collection agency for this account. Thank you for this forum and I will keep record of ALL calls from them from now on. Maybe after the economy recovers and the 10% of the US that is unemployed is again employed, they might get payed back for buying bad debt in a bad time. Until then, they can call and I will tell them the same thing.

Quote:

Zwicker is harassing me over a Discover debt which I have told Discover and them that I am willing and happy to pay, but they want pay amounts I could not ever afford. They have now started phoning my elderly mother at a number at which I have not lived in 25 years. They were bothering her as my father was on his death bed. They and Discover both suck. I'm thinking of spending my free time standing on prominent streetcorners with a sign that I am hungry and homeless in order to pay them, as I would have to be both in order to give them what they want. Think I'll put my PR and marketing degree to good use and give them a bad PR campaign worth way more than I owe them....

Quite frankly, you cannot blame zwicker....they are doing the job they were hired to do. You signed a card holder agreement, agreeing to terms and what would happen if you defaulted.

Quite frankly, no one signs card holder agreements for the ever changing terms of most credit cards, and I dare anyone to explain double cycle billing. Most people never intend to have trouble paying. Events like unemployment happen. Some credit card companies will work with you. Discover will not. Zwicker is actually looking for 45 % of my income, to pay off a single debt, and is unwilling to settle for any less. I would have to rate them as heartless, soulless scum who feed on the evil usury of unscrupulous sharks like Discover in order to make a bloody buck. In my case, incidentally, what little I actually spent on my card (on luxuries like dental care and car repairs) is less than half of my balance with interest and fees.

Zwicker may or may not actually violate privacy and collection laws, but they certainly stretch their limits, as well as human decency. I think it's more than fair to blame them for it. It should be possible to do debt collection with some sort of a moral or ethical code.

Yes Zwicker sucks and per other posters does not even take your offer to Discover. Send them letter stating you wish to elect Arbitration, this will keep out of court house and piss off Zwicker (boo hoo).

I had my card for over 20 years, during which time I was considered such a good customer that discover kept increasing my credit limit to far past what I earned. During that time, I tried to keep my account paid up in full monthly, but when I'd made bigger purchases and accumulated balances, I had twice paid off acct in full. I had elected to keep Discover when I had got rid of other cards. When I was laid off for almost 2 years, I managed to make minimum payments for as long as I was able, often not paying other bills to do so. When I called to ask if they'd cancel the acct and let me pay off balance in payments I could afford, they gave me to a rude woman who yelled at and insulted me. It pisses me off when people take the position that you knowingly got yourself into debt and deserve any repercussions, when the truth is that you have no desire to be in debt-- that all you want is some fairness in dealing with it....

Zwicker & Associates is certainly not trying to collect a debt when it calls me -- they know that I am unable to pay a single penny, and they know that I am suffering from disability (in part due to anxiety & stress), and they deliberately call at 8am every single day, just to harass me. They refuse to honor my cease & desist letter.

Unfortunately, there is nothing I can do: Chase has paid them to harass me, and they're just going to call every single day until my phone is disconnected (and then if I ever get another phone, I'm sure they'll find it and continue to call me without mercy).

Paul Zwicker and the scum he employs are unethical and evil.

How can calling you be harrassment? You owe a debt and yes, zwicker is paid to collect on it....so calling you is doing their job.

If you did send a cease and desist letter, take your green receipt and copy of the letter and hire an attorney to pursue them on a FDCPA violations.

i was just called by someone from there too.. you wont believe this. i have been paying $250 a month out of my bank account and the account payments would regularly be less then half of that. I dont know if he sees i have some credit cards that are paid down on my credit bureau but what he wont see on there is that i cant use the credit. I made an agreement with all my creditors to stop using the cards in exchange for a pay plan with them also. So even though they show some credit, i cant use the cards. uggh..this guy annoys me. I am going to wait..if he takes me to court i will show my income and bills and my payment will probably even go down a bit Everything was fine..made my payments on time except when my dad passed and i dont understand this call and threat to take me to court. oh..he also said discover asked him to go after the whole balance. i just spoke to them,. They said they did no such thing. i cant wait for this thing to be paid off.
nancy herbert

You also, as all companies and members of the BBB, and BBB complaint uippun can. And many employees are using scare tactics to retain NCO, Lies, and other illegal and immoral thing to filed. I was just a mark on them add up to thousands of complaints already know, the better I felt.

we have certainly had our dealings with z&a. we each have a discover account there and a ge acct there. have been making payments to them since march 2010 (less than they would normally accept under "hardship") on the discover bills, and since august 2010 on ge. i recently talked to them to try to work out settlements on the cards, but they said disc would not take less than 80% of the current balance- i told them quickly, cant do that. offered them a %, they said not a chance, but did not make any effort to make the offer to disc. then talked about ge, man offered me about 65% if i could pay it over 2 months- can not do. so no settlement agreements on any. so will continue current payments for a couple of months, then gonna contact recovery depts of disc and ge and see what we can do.. got 2 boa's will be settlement paid at end of march, which will make money available in april for other cc's. will talk to disc and ge then. z & a can sure be a pain in the rear..

These people harrass me to no end. I spoke with a woman a while ago, told her my situation, was unemployed for 3 years, finally got a minimun wage job, husband disabled etc. She was soooo sympathetic, and said call back when my situation changed. Needless to say my situation only became worse. I have a judgement against me, they have levied my bank account, threatened to take my personal possessions. You can't get blood from a turnip. I'm more than willing to pay my debt, but circumstances at this time prevent it. I have always paid my bills on time, had the best credit, but I fell on hard times. It could happen to anyone. Really, they can't get anything from me now, because I am on unemployment and my husband gets social security. I am sure every one is willing to pay their debts, just give us a chance to get back on our feet. Enough said

i hope you hubby has his ss benefits going into a bank account that no other funds go into (dedicated), or they can take his benefits, and he can get them back, but a lot of bs to go thru. they can not touch that....or that he has the ss debit card.. and i hope that your unemployment is coming to you by mail.... as long as you do not put any money in that account, there is nothing for them to take. but if you put any money into it, they will get it... they can even attach your state tax refund next year! i had this happen to a friend in michigan this year, over a debt that was originally $300 and turned into over $1000. they got her entire state tax refund.... they can not touch the federal refund.. if you owe them enough $$, they can put a lien on your home. but i do not believe they can take your personal possessions...
it sounds like it is too late, but you could have avoided the bank acct levy if you had responded to the judgement filing.... sounds like they won by default (cause you did not respond)... sorry