About collection agencies
When collectors are trained, many call centers require that the agent not give up control of the call. They are trained to be assertive, demanding, and to talk over the debtor during an argument. They are also taught to refer back to any and all possible consequences of non compliance. It is illegal for them to threaten any action they do not intend to or cannot take (a common, illegal threat is to prosecute the debtor for fraud).
Collection agencies are not permitted to call excessively, although the law likely differs from an individual’s opinion as to the definition of excessive. Should you tell a collector that you are going to try to obtain the money in the next few days; the collector will schedule a callback. If you do not call back, the collector will do so starting from the scheduled time/date, and continue for approximately a week. If you have made a promise to pay an amount, the collector will again set a callback time/date. In the event the money is not received and you have not contacted the collector, they will conduct follow up calls, as frequently as twice a day for up to a week. Telling a collector over the phone to stop calling is not effective. To stop all calls, you must put it in writing.
Abusive, illegal tactics by collection agencies can include the following:
Contacting you at work when you have already informed the collectors that it is not permissible
Contacting 3rd parties after contact has been made with you
Disclosing or threatening to disclose information to 3rd parties (friends, family, neighbors, co-workers, supervisors, etc…)
Threatening to have you arrested
Reporting or threatening to report false information on your credit report
Threatening any other action they cannot or do not intend to carry out
Name calling (examples include deadbeat, liar, and thief)
Using profanity
Attempting to collect a debt, or the portion thereof, that is currently in dispute
Contacting you over the telephone after you have sent a letter revoking their ability to do so
Calling in excess of what the law (your state law or the FDCPA98, whichever is more strict) permits
Contacting you in any manner after you have sent a thorough cease and desist letterâ€â€except to inform you of any action now in progress, i.e., a lawsuit
In the event of violations, you must preserve your rights. File a complaint with the FTC, the state agency that oversees collection agencies, and/or obtain a lawyer. If the agency is based out of state, you may be able to file a complaint in their state as well.
One of a debtor’s rights when dealing with a 3rd party collection agency is to demand that communications cease. The debtor can demand to be contacted by mail only, or not at all. Should the debtor send a complete CND letter, it is advisable only when the statute of limitations has run out for the debt. Otherwise, the letter will be interpreted (assuming that it doesn’t blatantly state so) as a refusal to pay the debt. The collection agency/creditor may very well file a lawsuit, viewing litigation as the only way to receive payment. A letter restricting communication to letter form only, in many collection agencies, move the debtor’s account from a collector to the compliance department (or whatever the dept is named, that attempts to ensure that the law is followed regarding debt collection) or experienced collectors will prepare a letter for the account.
It is my personal opinion that any and all correspondence sent to the collection agency be sent using certified mail. This is to provide the sender with a return receipt, which may prove very useful evidence in the event you take the collection agency to court.
Many people wish to not work with the collection agency, and instead work with the creditor. A debtor may attempt to work with the original creditor as long as they still own the account. If the debt has been sold, then it is no longer possible to work with the OC. Some entities by policy refuse to work with a debtor once the account has been assigned to a CA. This is not limited to consumer debts, and can include taxes, student loans, tuition, traffic tickets and other civil penalties. Most collection agencies that are collecting assigned debts do so on a contingency basis, and may only settle on the OC's terms.
It is important to know that collection agencies can do the following:
-Require the full payment immediately
-Not accept partial payments
-When attempting to locate the debtor, they may contact 3rd parties to obtain contact info (neighbors, friends, family members, etc…)
-Sue you for the debt (if past the statute of limitations, the defense is expiration of SOL)
-Ask you for your employer, banking info, income, etc…you are not required to give this information to them
-Attempt to collect a debt that has passed the SOL
-Use power phrases, such as “refusal to comply/cooperateâ€Â
-Explain any and all possible consequences of not paying off the debt*
Many collection agencies will perform some level of negotiating.
Simplified examples of negotiations may include the following:
-PIF demand --> settlement of 2/3
Or,
-PIF demand --> ½ down, ½ in 2 weeks or a month --> ½ down, 2 payments of 1/4
Or,
-PIF demand --> 2/3 down, partial payment plan over 3-12 months
Or,
-SIF offer, limited time only
The older the debt, the lower a company may be willing to settle for, but no matter which collection agency is attempting to collect, they will likely use boiler room tactics. In other words, the money must be in by 2 p.m., end of the day, end of the week, etc… Whenever a debtor is told that the money must be in by 2:00 p.m. (sometimes 3 p.m.), it is often because any payments received after that time will be applied to the next business day’s collections. Towards the end of the month, the collection attempts often get more aggressive. This is because most collectors/collection manager’s bonuses are based upon some form of monthly productivity, and they are striving to reach or maximize that bonus check.
The terms will soften only over time, provided the CA does not aggressively litigate. After each offer you are given is rebuffed, the collector will likely press you harder by explaining possible consequences (and in the case of abusive collections, will threaten you with things they cannot actually do).
On accounts that have passed the statute of limitations, collectors will attempt to have you verbally acknowledge the debt, especially if the call is being recorded, or having you make a token payment. Even a minuscule payment, or a promise to pay, will restart the clock. A cease and desist letter that does not acknowledge the debt, but does inform the CA that said debt has lapsed is probably the best defense.
Some collection agencies will refuse all payment plan offers, accepting only the BIF. These most aggressive companies will only take the PIF, or litigate the matter. Unfortunately, if they are legally entitled to collect the debt, they then do have the prerogative to proceed this way. Even though it isn’t “right,†it is legal. Before suing you, a debt collector must have either bought the debt, or been assigned to collect on the debt by the entity that does own it. In the event a debtor has asked for validation and is sued prior to being given said validation, then the debtor should answer with a counter claim for FDCPA8 violations.
It might be worth noting a couple of other things. First, many collectors are rarely paid a good wage. They may be paid a few dollars above minimum wage, but have the incentive of a potentially large bonus check after exceeding the amount they are budgeted to collect. The bonus can effectively double or better their standard wages. A second interesting fact is that a good number of collectors end up with the job after having been collected upon themselves, even with the same office if they live in the area.
*There is a difference between giving possible consequences and threatening.
For example: A collector may explain that failure to pay a traffic citation can result in the driver’s license being suspended (if that in fact can happen). A collector may not state that he/she is going to suspend the license unless the debtor pays.
BIF = Balance in Full
SIF = Settlement in Full
PIF = Paid in Full
CA = Collection Agency
OC = Original Creditor
fdcpa = Fair Debt Collection Practices Act
FTC = Federal Trade Commission
collection agencies
remember some of your assets are exempt from judgement Social Security, workers comp, public assistance. to a certain amount check your local courts
In Sep. 2006 I learned that a company Ive never heard of reporte
In Sep. 2006 I learned that a company Ive never heard of reported against me ( lease finance $790.00), in addition a collection agency also reported an outrageoous sum as a debt(Metropolitan Adjustment Bureau $1524.00). Upon investigation I discovered that while I was overseas and had someone else managing my finances, it is possible that they engaged in a contract and had automatic payments taken out of my account ($75.00) monthly. After 3 years I never noticed this automatic payment. Unbeknownst to me, I changed my accounts when I arrived back in the states and that is what triggered the payments to stop and a collection to ensure.
After all this was discovered, in good faith I sent a registered letter to the creditor explaining this was all a mistake, however I would pay the balance of the the account if they would call off their collection dogs and cure my credit. They responded by blocking all my calls. But first they sent me a copy of a contract that had my name basically printed on the signature page, obviously not my signature.
When the collection agency called me I explained what happened and they said an original contract is not necessary, because by having the payment taken out of the account, that constitures acknowledgement and responsibility for the debt. I asked why they want so much ($1524.00) they said they can collect that much according to the original contract, but I say it was never signed by me, but they say we collected the payments and you paid. And this has been going on back and forth now for three years. They call, I explain, I send a letter they dont contact. A year later they call, I explain, I send a letter...they dont contact me after that. Etc.
I have requested in writting that they send me verification of the loan, they wont respond. When I hear from them again I ask why they didnt or dont verify, Ive been told they have no paperwork from the OC.
The original creditor wont talk to me from my phone so I contacted them in another way, they say they sold the debt they have no paperwork for the case.
I contacted the court to file small claims, they say they these two companies are out of state. I would have to file out of state and be present for Court for both the OC and the CA (two different states).
What a mess, this is 3 years old now, I want to buy another house someday but Im not sure how to proceed with this. Any advise?
To the person who had been overseas and someone else used their
To the person who had been overseas and someone else used their information to make payment arrangements for debt without your knowledge, the best way to fix this issue is to make a complaint against the person who did this for fraud. If you do not want to prosecute this person for fraud then you are saying you are taking responsibility for their debt. I would seriously consider fraud charges. Once you make the fraud complaint send this information (copy of complaint) to the three credit bureaus. They will remove the inquiries. Also send copies of the fraud complaints to the collection agencies with the name of the responsible party (certified) and request a ceast and desist on all collection practices against you. I am not sure what state you are in but you have a case for fraud against the person that did this to you. If you do not wish to prosecute the person then take the person to small claims court and have the court deem them responsible for the debt then send this information to the credit bureaus and the collection agencies.
help
i havent used my credit card for 2-3 years now. its probably in collections now cause i never payed for it. :(
i dont have any mails to all of my stuff because i moved 3 to 4 times. i never cared about my credit 2-3years ago cause thats when i graduated from highschool and only cared about shopping...but now since im trying to buy a car this is becoming a really big issue! :O
im really worried.....i dont know what company im supposed to pay or where to begin... its so confusing :(
do you guys know how much the debt will be if each of the cards had a $500 credit line? will it be like 5,000?
ahhh i dont even know what ca, fdc blah blah blah means :(
i need help ...
Nuvell Fiance
I fiance my suv with Nuvell and I only owe them two more payments pluse a few late charges. My balance is $2,314 and they have turned it over to RAB FOR COLLECTING THIS BALANCE. my payments with nuvell was $658.40 A MONTH WILL i HAVE TO KEEP PAYING THE FULL PAYMENTS OR CAN I PAY LESS NOW THAT ITS ALMOST PAID FOR AS LONG AS I PAY some thing EVERY MONTH ?????
I have been getting calls from a CA about my credit card debt. T
I have been getting calls from a CA about my credit card debt. They say I owe about $4500. I haven't paid my card in about 9 months. I make about $1600 a month, and can definitely afford a monthly payment, but the CA won't negotiate with me. They've been trying to get me to apply for a loan to cover the entire amount of the debt. They're now telling me that I need to pay the entire debt by the 25th or else they are going to take action. I don't have $4500 to give them. My credit isn't completely annihilated yet (this is the only blemish on my credit report) but I am only 23 and don't think I have enough credit to qualify for a loan. I'm at a bit of a loss. They told me they don't offer settlements for people with a credit score as high as mine. (wtf?) I honestly don't know what to do.
Need your address
I am filing for bankruptcy and need your address to send you the bankruptcy papers. my email address is thankyou email address removed per TOS tules, Shazzers
collection agencies
just a few comments about giving bank information. If you are dealing with 3rd party CA's and they want you to set up post dated checks, the FDCPA requires that three to ten days before the check is run a letter be sent to you informing you of the date of the check, the amount and the check information (ck # etc.) This is for your protection. Why do the agencies want post dated checks? because unless they have purchased the debt, they are on a time limit from the creditor, if they don't have payment arrangments the creditor can pull the account. CA's document payment arrangments with post dated checks. Think about this for a moment, as a former customer you promised to make monthly payments, for whatever reason those payments were not made, the creditor has usually tried for several months to make arrangments to get monthly payments, again for whatever reason these payments were not made/could not be made. By the time the accounts get to a CA basically the banks are not going to accept "john/jane doe promised to pay and they sent in one payment" as a repayment plan. And yes collectors are trained to get as much money as possible out of consumers, that is only common sense/good business. Almost all creditors give CA's a range w/which to work to settle accounts, as well as guidelines which they are to follow in how they collect. The bigger agencies may vary in how aggressive they are and obviously individual collectors may sometimes violate the law, however it is usually the smaller agencies that engage in the most egregious practices. We are regularly told that violating the law is simply not worth it. Frankly, if you are in collections, deal with the collection agency or the original creditor, however remember there is most likely a contractual agreement between the collection agency and the original creditor that requires the creditor to refer you back to the collection agency. I can also from experience say that what a consumer thinks of as harassment is not generally what the law says is harassment. I can also say that it is not a good idea to use so called debt settlement agencies, they simply take your money with pie in the sky promises and when/if you get sued they drop you as a client and tell you good luck while keeping the money you have paid them. Treat collection calls like a business call, stay professional and most likely the collector will stay professional, it may take a few calls, or a conversation or two with managers, but if you stick with it, an individual can usually settle their own accounts on fairly favorable terms. (usually better than what the original creditor ever offered)
Debt Validation
I'm supposed to appear in court in early June to deal with Hunt and Henriques law firm. They represent Citicard and they have been unwilling to negotiate a payment plan. When is the best time to request Debt Validation? Should I request Debt Validation before the court date or should I request Debt Validation AT the court hearing???
I got a pay as you go phone for $30 from walmart. Never heard a
I got a pay as you go phone for $30 from walmart. Never heard a word from another bill collector in a year and a half.
Then I got served by one and am being sued, talk about a b**ch-slap. At least I had 18 months of peace.
Now I just have to get a peep sight for the front door so I can't be served lol.
IAM A COLLECTOR...YES IM ONE OF THE BAD GUYS, I USALLY TRY TO DE
IAM A COLLECTOR...YES IM ONE OF THE BAD GUYS, I USALLY TRY TO DEFEND US COLLECTORS WHO ARE JUST DOING A JOB ANYWHOO I WAS TAUGHT AS WELL AS MY OFFICE GARNISHING WAGES CANT HAPPEN, BUT WHEN THEY CALL BACK IN NEXT TIME JUST TELL THEM YOU CANT RECIEVE PERSONAL PHONE CALLS AT WORK OR YOU CAN BE TERMINATED. THEY WILL STOP CALLING... BE NICE PAY YOUR BILLS WE ARENT ALL BAD :)
collections agency
received a letter from a collection agency for monies they say I owe from 25 years ago. I filed bankfuptcy 25 years ago in california. They are a michigan collection company that bought the collection (I'm guessing). Can they make me pay after a 25 yrs old bankruptcy?
Help us, I am pretty sure that it's SOL unless you have valid
Help us,
I am pretty sure that it's SOL unless you have validate the debt. send them a letter stating that it's SOL.
Metropolitan Adjustment
I pulled my credit report and discovered that this company saying that I owe 3558 from a enterprise car rental. I disputed with credit reporting agency and it came back verified. The date of of 1st delinquency was 02/2005. My question to the group is this out of the sol.
This is what comes up:
Virginia Statutes of Limitation
Open account: 3 years from the last payment or last charge
for goods or services rendered on the account.
Written contracts (non-UCC): 5 years.
Sale of goods under the UCC: 4 years.
I need some advice, the sol (statutes of limitation has expired, right so I can send a DV/Delete letter to the co.
thanks
Paying original creditor instead of the collection agency
I have been contacted by a collection agency (Van Ru) regarding a very past due macys account. I have been paying Macys directly ($25.00/mo) but this Van Ru co. keeps calling. Does this mean Macys is just taking my money without taking that amount off my balance? I would prefer to keep paying just Macys and not deal with the collection agency. What should I do?
Fair Debt Collection
Well, they can attempt to collect an out-of-date debt, but filing a lawsuit to do so, at least, is a violation of the FDCPA. So the statute of limitations is not merely a defense but also states a cause of action under the FDCPA which can be pleaded either as a counterclaim or brought in a separate suit.
This also goes for debts that have been discharged in bankruptcy.
I would also suggest that when collectors can attempt to collect out of date debts, what is considered "reasonable" collection practices becomes a lot stricter. And state laws may make such actions illegal.
Quote:This also goes for debts that have been discharged in bank
Quote:
This also goes for debts that have been discharged in bankruptcy. |
And yes, any time a collector or junk debt buyer dares to sue you for a time barred debt, you should *definitely* countersue and collect your $1,000 in an act of delicious irony.
I got a call from Georgia two weeks ago and thinking it was frie
I got a call from Georgia two weeks ago and thinking it was friends, I answered. When I asked them to identify themselves, I realized it was a debt collection agency and immediately hung up. Suddenly I get a letter today (10/1) that per my verbal agreement with them I was suppose to have paid $5,600 by yesterday. I never made any sort of agreement or even acknowledged who I was. What legal recourse do I have here?
Morning Star - Help! Multiple Collectors for One Debt
Hi,
Please can you offer advice on how to deal with multiple CAs trying to collect on the same debt. I took out an illegal internet payday loan in April, default on the loan, attempted to arrange a repayment of the funds, but to no avail...no return call....i have been contacted by multiple CAs trying to collect on the same debt. I pulled my CreditRpt and learned that Nat'l Credit Adj is report me as of 9/09 for $830 (the loan was for $600). I was contacted on 9/26/09 by TK Financial aka TK Recovery with threats of "aggressive legal action" if I did not pay the $830 today. I immediately fired off a DV letter, lodged complaints with BBB, FTC and AG, and forwarded a copy of my complaints, together with receipts of acknowledgments from the FTC and AG to the second collection agency. I also disputed the debt with the Credit Reporting Agencies.
Morning Star how should I deal with this situation? Is it legal for more than one collector to attempt collection on the same debt? Can one agency report to me to the credit bureau while another attempts to collect the same debt? BTW I have never been contacted by Nat'l Credit Adjusters, either.
Your comments would be much appreciated.
Quote:Originally Posted by elaine leeHi, Please can you offer a
Quote:
Originally Posted by elaine lee Hi, Please can you offer advice on how to deal with multiple CAs trying to collect on the same debt. I took out an illegal internet payday loan in April, default on the loan, attempted to arrange a repayment of the funds, but to no avail...no return call....i have been contacted by multiple CAs trying to collect on the same debt. I pulled my CreditRpt and learned that Nat'l Credit Adj is report me as of 9/09 for $830 (the loan was for $600). I was contacted on 9/26/09 by TK Financial aka TK Recovery with threats of "aggressive legal action" if I did not pay the $830 today. I immediately fired off a DV letter, lodged complaints with BBB, FTC and AG, and forwarded a copy of my complaints, together with receipts of acknowledgments from the FTC and AG to the second collection agency. I also disputed the debt with the Credit Reporting Agencies. Morning Star how should I deal with this situation? Is it legal for more than one collector to attempt collection on the same debt? Can one agency report to me to the credit bureau while another attempts to collect the same debt? BTW I have never been contacted by Nat'l Credit Adjusters, either. Your comments would be much appreciated. |
I'm not Morningstar but I'd like to tell you my opinion. Due to the fact that this is an illegal lender, you can rest assured that the collection agencies attempting to collect are most likely bottom feeders. You did the right thing by filing complaints. Inform these collection agencies that they are attempting to collect on an ILLEGAL debt. Dispute it on your credit report on the grounds that the lender was not licensed to lend in your state and violated the usury laws by charging illegal interest rates.
Morning Star - Help! Multiple Collectors for One Debt
Shazzers,
Thank you for your reply....I am so nervous about these collection agencies attempting to strong arm me and to destroy my credit....my life has not been easy, but I do take responsibility for my errors in judgment. I am going to fight them, tooth and nail....the last collector TK Financial said that they were prepared to take "aggressive legal action" if I did not pay today....via telephone call and via e-mail....As soon as I sent him the DV letter together with an acknolwedgement that I filed a complaint with the FTC/AG's office -- they replied by saying "we have ordered the documents to prove you owe this debt," so that we are clear, "are you claiming fraud?" I replied by saying please submit all future correspondence to me in writing through the US Mail at the address I listed on my letter to you. Thank you.
I can't help but wonder if these collection agencies know what the right/left is doing...it just does not seem logical to me that more then one agency can attempt to collect the "same" debt.
In the event that I do hear from one of these CAs again, should I inform them that they are attempting to collect a debt from an illegal unlicensed out-of-state pdl lender (I live in California) and that I will be filing complaints against them with the BBB and AG, again?
To Meg---I am not sure about any legal recourse, but send them a
To Meg---I am not sure about any legal recourse, but send them adebt validation letter. I had a collection agency dothis to me one time, so,I added in my debt validation letter that they were wrong. I put that they did not speak with me, nor did I ever make any such arrangement.
I learned the hard way to document everything. I kept notes of days and times, copies of letters to and from the CA,etc.
They neeed to prove that they are the ones that are suppossed to be collecting on the debt and amount, etc. When was your last payment and /or your last transaction on this account?..Karen
bossy is right.in fact i would shoot a reply stating that you ar
bossy is right.in fact i would shoot a reply stating that you are demanding these documents they ordered.it is up the CA to prove you owe it.the fact they sent that in an e-mail.wow!!!!!!!!!again shoot a reply stating your demand of these docs.bet they will balk,as bottomfeeders always do.
Hi everyone I am going through some hard times these fast few ye
Hi everyone
I am going through some hard times these fast few years. I have an unsecured credit card debts that was sold to a CA whom had called me few times demanding payment. I explained to them that I have every good intention of paying of that debt and that currently my financial situation is so difficult that I was not even able to participate in college due to dufficulty of paying for school costs. I explained to them all that I can afford is paying $50-$100 per month. They said they wont accept that and only want the balance paid in full along with all the late fees and interest accumulated even after they purchased it from the original credit card company. I told them I am not able to pay the whole thing since I can not even pay for my last 2 terms at university to be able to get a real job that pays me well enough to pay the debts. They stated that they will sue me and that according to state of Illinois laws I can get my wages garnished.
I am scared I dont make much at all. Can my wages be garnished??
I am really considering doing a chapt 7.
If I receive a notice of being sued is that too late to file for chapt 7.
Any suggestion or words of advice is appreciated. I am very nervous.
Thanks, Neginac
More Than One CA Trying To Collect On An PDL
The last time I had any dealings with any of these PDL folks was in April 09. At that time I was desparately trying to workout an extended payment plan, but no one would return my call or anything....Now to learn that a CA has reported a collection account to CAs and that another unknown CA is attempting collection on the so called original debt, is beyond me. In addition to trying to collect on an illegal pdl. EPProcessing is not licensed to do business in California. I have disputed with all three CRA, filed with the California AG, BBB, and the FTC. Now I realize that I need to do the same with NCAdjusters, as well. I will continute to dispute this debt until it is removed from my credit and, if it comes to it, I will prepare to sue the CAs that are trying to collect on this illegal PDL.
I will keep you all posted on my progress. I noticed that I have been placed in to a dialing rotation from TK Financial, even though they have not validated that I owe this debt.
If one has no means of paying the whole debth at once and since
If one has no means of paying the whole debth at once and since the CA is trying to collect the whole thing and is not williong to set up a monthly plan-is it really possible that they could garnish wages?
worried to death
Hey all, I'm doing some background research on the collections
Hey all,
I'm doing some background research on the collections industry and had a question for everyone. What types of things embarrass collections agents with their coworkers or peers? Do they care about harrassment or being too aggressive (judging from your stories, I'd say probably not)? Do they worry about low sales? How are debt collections companies judged by their peer companies? On recovery rates, customer relationships, relationships with their clients (like the credit card companies they collect for) or something else?
Obviously, these questions are best answered by an ex-collections officer, but any insight would be helpful. Thanks!
Thank you for responding today. Today I met with lawyer and they
Thank you for responding today. Today I met with lawyer and they said if I get sued either judge will order to have my wages garnished or if I can not pay any thing at all the judge will be obligated to put a lien on my bank account. And the CA can always after I get a real paying job after I am done with school start collecting and garnishing from that employer. Today I also found out that collection agency is sueing me.
I appreciate any word of advice.
My name is Gregg Williams and i am a debt settlement agent for s
My name is Gregg Williams and i am a debt settlement agent for settle a debt in Ny. We are an attorney based debt settlement agency with over 30 years of experience, typically getting settlments between 30 and 55 percent. our goal would be to stop your harrassing phone calls and set you up with a payment plan for ALL YOUR UNSECURE DEBTS THAT YOU CAN ACTUALLY AFFORD. if you have any questions as to how i can help you please call deleted.
sorry greggy,but no solicitation per TOS rules.
Good Evening, My fiancee has been layed off for 9 months and
Good Evening,
My fiancee has been layed off for 9 months and a debt collection has been calling and making threats about taking him to court. Well he is hard of hearing and now they are threating me saying they will take everything I own. But the debt is in my fiancee's name. Can we file a suit or something against them? I sound like a broken record when I say he is layed off he is layed off I am tired of it and now they are calling his mother. Its very embarrasing for us. Its not his fault for getting layed off. I thought maybe they will help you out but I guess I am wrong.
who are these imbeciles?one,they can't even touch you on his deb
who are these imbeciles?one,they can't even touch you on his debt unless it's in your name as well.also contacting your mother,someone who has nothing to do with this is also against the law.i would check your state laws in regards to recording calls.have your mother do the same.i take it they have sent nothing in writing.time to look into your legal options.your fiancee's situation is not unique.complie your proof.have your mother do the same.then go to NACA.NET.there you should be able to find a consumer attorney who will sue this place on a contingency basis.time to make these places pay for their illegalities.
Paul Mergel will read this someone that can help
If they do sue you even though you have been paying payments what happens in court. I wrote my problem 3 differant times today and havent got an answer. Please someone read. Maybe paul mergel could pull my posts and help with some info. I just get tired typing it over and over.Thanks
well then you show the judge all the bank statements showing you
well then you show the judge all the bank statements showing you were paying.that should cut ice in that case.were you paying whoever is suing,and does the receipts,or statements reflect that.if so then you should have no problem getting the judge to dismiss.
To Paul
Yes it is a collection agency. He will accept my payments but only if I post date checks for the next 2 or 3 months. He said to show that I am sincre about paying the debt.I told him I was in the red and I don't want to make things worse. I"m just scared that if i went to court the judge would take $800 amonth( 25% of my salary a month) and everything would just start to fall around me. My rent is $1500 a month and car ,gas,and food for the month another $700. I'm just not sure what would happen and hate to lose everything. I have never missed a payment and never had to be tracked down. I have increase the payment by $50 a month. I dont mind paying him but he wont deal with me unless I post date checks over the phone. He told me if I can't do that he was going to turn it overto his legal dept. I'm not sure how much is bluff and how much is real. I have been paying on line with my debit/visa card. Does that mean he has my banking info already. Thank you very much for helping me. I have been dealing with the IRS ($13000) State of Colorado ($1000) 3 credit card companies ( $1000 each) Getting them paid and no problems so far.This guy at Wakefield and Assocaites is the collections supervisor and don't want to do this any way but by check over the phone deal. Any ideas or has anybody ever heard of this place. Thank you so much.:D
Let's let this hang for a little bit, to see what the other regu
Let's let this hang for a little bit, to see what the other regulars think, but...
In your place I'd offer him his payments by money order or cashier's check only, and only via US Mail. If that wasn't good enough, I'd tell the idiot to go pound sand. I'd also document my sincere good-faith effort to pay by whatever means I had to. CMRRR, recording phone calls, etc. BTW, Colorado is a one-party state, meaning that you don't have to tell him you're recording. If he wants to take you to court after that because you wouldn't post-date checks, let him. He'll look damn foolish in front of a judge, explaining why your documented offer of payment wasn't good enough.
Under no circumstances would I give my banking information to a CA. Any CA. Too easy for them to clean out the account, leaving me (you) with nothing.
Quote:Originally Posted by Jerry CardenI have been paying on lin
Quote:
Originally Posted by Jerry Carden I have been paying on line with my debit/visa card. Does that mean he has my banking info already. |
Depends on how they handle card processing. They won't have your account number, but they may well have kept your debit card number. Capturing that information online is painfully easy. Go talk to your bank. Most banks will re-issue debit cards for free (or cheap) if you have a security issue. It's cheaper and easier for them to re-issue a card than to deal with fraud, ID theft, etc.
Totally what Uncle Wulf just said! He is being unreasonable and
Totally what Uncle Wulf just said! He is being unreasonable and let me tell you, I think the only reason he wants post dated checks is because he can turn right around and cash them. Yup. Because he will have your banking info from the check and can submit payments as electronic transactions. If they bounce, so much the better for them because now they can lean on you with threats of legal action against you for bounced checks. This is the way these people operate.
Stop messing with the joker by phone (unless you record..then let him hang himself). Send a certified letter outlining your payment arrangement and make your payments via money orders. A judge would not be very happy with this guy for dragging you to court just because you are not proving post dated checks.
Quote:Originally Posted by morningstarthank you. I thought it m
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Originally Posted by morningstar thank you. I thought it might be easier for people to cope with collection agencies if they had a better idea of what they were dealing with. |
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Big Thank You to Goldenblast,Paulmergel,unclewulf
Thank you all for the stress relief in dealing with this guy.You all seem very wise on these matter. I was just under the impression that if I went to court without a lawyer that the judge would just take the collectors side.Thanks guys. I did tell him that since hewas going to threaten me with taking me to court that I would be forced to post date checks, but I guess I can still tell him that I found out that I don't have to be bullied into it. I did send him a letter saying that I would pay him $200 a month ($50 more a month) and try to give him a lump sum of $600 in the next 3 months and dont call my work phone which is my cell unless he agees to these terms. I sent it certifed mail, but he calls everyday anyway. He said he has to have a phone # to contact me. I dont have a personal phone and I told him to email me. Dont seem to be doing no good. He wants me to give him $200 cash by friday at his office by noon, I said no problem. He thinks I am overdrawn on my checking account and I told him I dont want to bounce a check. I'll let you know how it went.Big thanks to all.PS How long does it take to go to court?:D
i would still find a way to record his blither.a couple of other
i would still find a way to record his blither.a couple of other things.
1)don't give him another dime without something in writing.he could agree over the phone to anything.
2)if he decides to sue it won't be a quick process.you will have time to get your ducks in a row as far as that goes.
3)start documenting his calls if you can't record.tale a snap of your caller id s further proof he violated a C&D.
4)i hope you only told him about droping 200.00 by to get him off the phone.he doesn't deserve another dime until he proves legal right to collect.
5)if he does sue demand validation during discovery.if he can't validate.then you can have any monies paid to him returned to you.i think since he gave you nothing in writing,and you got no receipts from him.he might not be able to validate.
just some thoughts by me.
giving hope to the hopeless,help to the helpless,and hap to the
giving hope to the hopeless,help to the helpless,and hap to the hapless , and crap to the crapless give em that enema paul keep it up good angel :-)
Quote:Originally Posted by Jerry CardenHe said he has to have a
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Originally Posted by Jerry Carden He said he has to have a phone # to contact me. I dont have a personal phone and I told him to email me. |
Tell him that's just too damn bad. Nothing in any law requires you to accept calls from this idiot. You said your cell (that he keeps calling) is your work number? Then tell him that it's your work phone, and his calls are endangering your continued employment. Inform him that he can either stop calling it, or find himself on the receiving end of a lawsuit for FDCPA violations. Put that in writing, CMRRR. If he persists, sue. It's the only language he seems to understand.
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Originally Posted by Jerry Carden He wants me to give him $200 cash by friday at his office by noon, I said no problem. |
Big problem there, my friend. What part of 'payment by money order only' did you have trouble with? Send him a money order. He can either like it, or pound sand. I don't care which, and neither should you. And I'd mail it to him, CMRRR, to arrive by noon Friday if possible. Going to his office in person is borrowing trouble.
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Originally Posted by Jerry Carden PS How long does it take to go to court?:D |
Anywhere from 20-30 days to several months, depending on the coiurt and jurisdiction. Regardless, it ain't an overnight process.
don't llie on a recorded call...that's dumb... Best way to handl
don't llie on a recorded call...that's dumb... Best way to handle a collection call is honesty and reasonableness.
Also, you can pay your account any way you like. Mail in a check, MO, post-dated check by phone, whatever... A couple of things though: 1) yes, collectors want check by phone, but honestly it's probably the most secure method of payment; 2) please also consider that collection calls WILL continue until the NDA is paid off and the account is brought current, the only way a CA can guarentee payment is with a check by phone (trust me, a PTP via snail mail is worthless from someone who hasn't paid in 6 months) if you wanna stop the calls, pay their way. If a payment is on file and postdated, agents won't call you in the meantime. This is NOT the case with any other method of payment.
Cheers!
Quote:Originally Posted by Anonymousdon't llie on a recorded cal
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Originally Posted by Anonymous don't llie on a recorded call...that's dumb... Best way to handle a collection call is honesty and reasonableness. |
Agreed. It's a damn shame there are so many unreasonable people out there, though. This is why we counsel folks who come here looking for help to just hang up when the collector on the other end becomes rude, menacing, or shrill. I'm sure you agree that nobody oughtta have to put up with that. Fortunately, there are laws in place to see to it that nobody does.
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Originally Posted by Anonymous Also, you can pay your account any way you like. Mail in a check, MO, post-dated check by phone, whatever... A couple of things though: 1) yes, collectors want check by phone, but honestly it's probably the most secure method of payment; |
Actually, it's not. And we both know that, don't we? Never mind what they teach you in collections training.
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Originally Posted by Anonymous 2) please also consider that collection calls WILL continue until the NDA is paid off and the account is brought current, the only way a CA can guarentee payment is with a check by phone (trust me, a PTP via snail mail is worthless from someone who hasn't paid in 6 months) if you wanna stop the calls, pay their way. |
There are about a thousand ways to shut off the collection calls, friend. Starting with simply turning the ringer off, and progressing from there.
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Originally Posted by Anonymous ...if you wanna stop the calls, pay their way. If a payment is on file and postdated, agents won't call you in the meantime. This is NOT the case with any other method of payment. |
Sadly, in all too many cases, that's because they've already run the payment through, regardless of the agreed-upon date. I've seen it happen again and again.
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Originally Posted by Anonymous Cheers! |
Back at you, and happy holidays.
