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Collectors Script - a guide for consumers

Date: Thu, 03/02/2006 - 10:47

Submitted by Not so Lucky
on Thu, 03/02/2006 - 10:47

Posts: 3041 Credits: [Donate]

Total Replies: 17


I found this on the Fair Debt Collection website and thought I would share it.

Quote:
Questions you can answer when a collector asks them:
1. Do I have your address right?
2. Is this your daytime phone number?
(After answering this question, inform the caller that any future calls between (hours) and (days) are inconvenient.
3. Where do you work?
4. What is the address and phone number of your employer?


Collectors are allowed to call and verify employment BUT that is all! They are not allowed to discuss your information about your income or any other personal information.

Quote:
Questions you DO NOT have to answer:

1. Are you paid weekly or bi-weekly?
2. How much is your take-home pay?
3. Is your spouse working?
4. If so where, how paid, amount, etc.
5. Do you have other sources of income? (child support, part time work, in home day care and so forth).
6. Do you own or rent?
7. How much per month? Is it current?
8. How much is your car payment?
9. What are the make, model, and year of your car(s)
10. Where do you bank? (checking and savings, name of bank)
11. Do you have any bank loans? How much do you owe? Are they current?
12. Have you ever borrowed money from (parents, relatives, and friends) in the past? If so, how long ago? How much? Did you pay it back?

collection agencies, bill collectors and junk debt buyers are trained to get payments in the following ways:

1. Auto Pay
2. Priority Mail
3. Certified Mail


There is no law compelling you to pay by their perferred methods. Pay by the method that does not provide any banking information.

Never pay by post dated check or automatic withdrawl. Also, never send any money until you have signed payment agreement letter in your possession.


Quote:

Never pay by post dated check or automatic withdrawl. Also, never send any money until you have signed payment agreement letter in your possession.


wow Tammy!! thanks so much for posting this info. I was just talking about this over the past couple of days! Remember, I posted about sending HFC the post dated check and them cashing it and then I asked about sending 'good faith' payments when you're negotiating. You just hit on both of these. thank you! shirley


lrhall41

Submitted by imkimssister on Thu, 03/02/2006 - 16:49

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So Ari, did you ever do anything called an asset investigation as a collector? I had one call and made it sound like they were lawyers. They told me it would be best if I do this investigation voluntarily...then asked me all kinds of questions, like where I bank, how much I owe on my house, if my vehicle is paid for, questions about my spouse...this is what got me: they asked for the names of two relatives of mine and two of my husbands, and their address and phone numbers. I told them I would absolutely not give them any of that information, so they said they would see me in court then.


lrhall41

Submitted by TMD on Fri, 03/03/2006 - 14:44

( Posts: 280 | Credits: )


"Asset Investigation" is just another way of saying "Viewing your credit report". What they mean by that is they will have a look at your credit report to see if you own your home, have any open credit, any car loans, basically to find out if you have more to your disposal than you're letting on. If they do find that you are a homeowner and/or have open credit, they will insist that you take out a home equity loan to pay the debt, or use the open credit.


lrhall41

Submitted by Jedi Mistress Ari on Fri, 03/03/2006 - 20:07

( Posts: 2192 | Credits: )


Well, they need to check their laws before they even consider things like putting a lein on someones home, because in Texas (where I live), they cannot garnish wages, and your home is protected under the laws, unless it is federal, child support, student loan,etc. Credit card companies cannot touch my house.... I owe way too much on it anyways. Maybe they can try to take my truck with 135,000 miles on it..LOL.


lrhall41

Submitted by TMD on Sat, 03/04/2006 - 05:47

( Posts: 280 | Credits: )


Yes, yes, yes, I know perfectly well that in Texas, Florida, and both Carolinas, people can go ahead and goof off on their bills and get away with it. :x

This does a great disservice to the public when other people have to pay outrageous interest rates in order for these companies to make up for the losses incurred by most debtors. Also, before student loan collections, the Department of Education had to deny young students with dreams the educational funding they needed which I think is tragic.

I do have sympathy for folks who are stuck in a rut at no fault of their own, but for Pete's sake I'm not Mother Theresa, my sympathy has limitations. There are people out there doing stupid, selfish things and the rest of us have to pick up the tab for them. :x


lrhall41

Submitted by Jedi Mistress Ari on Sat, 03/04/2006 - 12:16

( Posts: 2192 | Credits: )


Just for the record, my last post was not directed at anybody in this forum. Especially you, alright?

I just find it a little irksome that these four states make it impossible for the long arm of the law to reach the real crooks out there who hide behind this very statement:

Quote:

Well, they need to check their laws before they even consider things like putting a lein on someones home, because in Texas (where I live), they cannot garnish wages, and your home is protected under the laws, unless it is federal, child support, student loan,etc.


TMD, my last post was not sarcasm directed at you, it was my sentiments towards those who say that very thing as a way to thumb their nose at society. Don't take it so personally!


lrhall41

Submitted by Jedi Mistress Ari on Sat, 03/04/2006 - 14:16

( Posts: 2192 | Credits: )


Thanks so much for the info, Tammy. LVNV wanted me to ask my mom or other family or friends to put their house up so we could get a loan, asked who owned what,etc. I think sometimes we get too panicked and think because they say these things, they must be valid. I just want to work out payments and get them out of my life and move on.Trying to become debt free!!


lrhall41

Submitted by Bossy4455 on Sat, 03/04/2006 - 16:01

( Posts: 5854 | Credits: )


Quote:

So, the people in those 4 states are the real crooks, LOL.


Will you guys please stop twisting my words around? I didn't imply that! Not everyone in those states are crooks for crying out loud and that was not my opinion of TMD!
Allow me to elaborate better so everyone will stop thinking I'm evil: The people in those states who know those laws and don't pay their bills hide behind that law because they know there is nothing that can be done! That's it! Come on you guys! Click on that Author's Kit just below my pic and you will see who's side I'm on! The innocents' side! I've even offered some humourous advice as to how to deflect unlawful collection calls!

There are way more than two sides to every issue. Read "My story" and you will see that I have been in both positions! Once as a debtor and later as a collector. You think I wouldn't understand? That doesn't mean that I'm going to agree with everybody. I have strong convictions of right and wrong in this arena:

Making up false ramifications while attempting to collect a debt is wrong.

Obeying the fdcpa, building rapport, and gathering information vital to the resolution is right.

Telling a collector the truth about your financial situation, whether or not you pay them right away, is right.

Telling a law-abiding collector to go "F" themself is wrong.

Garnishing a debtor who repeatedly refuses to pay is right.

Garnishing a debtor because the collector took something they said personally is wrong.

Paying a bill off $50 at a time because that's all you can afford is right.

Using Texas/Florida/NC/SC laws to thumb nose at creditors is wrong.

Being honest about your finances is right.

Shifting your assets to avoid leins is wrong.

Collectors disobeying cease comms and calling you at work is wrong. Holding down the 3 key to teach them a lesson may not be exactly right, but you need your job.

I'm not implying that none of you share my convictions, what I am implying is that the relationship between creditors and consumers, and debtors and collectors is extremely shaky and requires constant mediation. That's why people like me exist, and there are all these consumer affairs attorneys like the one mentioned in the forum who I've called to speak against the harassing ways of my former employment, and who you are all calling to speak against the harassing ways of your collectors.

I've said many times in defense of forum members that no one is here to shirk responsibility, and that collectors must not be prejudiced in their actions. I am not one of those unlawful collectors, but there are many consumer protection laws that are being abused.


lrhall41

Submitted by Jedi Mistress Ari on Sat, 03/04/2006 - 16:27

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Using Texas/Florida etc. laws is not completely wrong. Indeed, when it comes to junk debt buyers, this really holds true. No one is morally nor legally (in most cases) is obligated to pay these. Indeed, I agree with much of your thesis, but most of those in debt, know that they are in debt, and do not need a daily harrassment of telephone calls.

I do agree that if one owes debts, one must pay and try to reach a settlment. But junk debt purchasers deserve nothing except an investigation by Congress.


lrhall41

Submitted by on Thu, 03/16/2006 - 00:13

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Quote:

Using Texas/Florida etc. laws is not completely wrong. Indeed, when it comes to junk debt buyers, this really holds true. No one is morally nor legally (in most cases) is obligated to pay these. Indeed, I agree with much of your thesis, but most of those in debt, know that they are in debt, and do not need a daily harassment of telephone calls.


Not entirely true, you were morally required to pay time barred debts long before them became time barres. However you are correct that once a debt becomes time-barred there is no legal obligation to pay it.


lrhall41

Submitted by LCW on Fri, 03/17/2006 - 06:27

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