Debt Collection: 'Nice People' Strategy Yields More for Firm eCreditDaily.com
One debt collection operation is boasting about a “revolutionary” approach to higher recoveries: just be nice to consumers.
In its first five months of implementation, Baltimore-based Access Receivables said its ”Nice People Collect More” debt recovery strategy has yielded a 40 percent increase over average collections previously established.
Undoubtedly, this strategy is starkly different than the practices of countless debt collectors, many whom have become targets of the Federal Trade Commission.
Over the past year, the commission said it has brought or resolved seven debt collection cases affecting hundreds of thousands of consumers, the highest number of such cases the agency has taken on during a single year.
The FTC said it has stepped up enforcement of the Fair Debt Collection Practices Act by cracking down on collectors who used abusive or misleading tactics to intimidate consumers. Some actually threaten consumers with harm to them or their pets, the FTC said.
Beating the Debt Collector - How to Beat Debt Collections by Taking Control
If you're being harassed or sued for debt, you need to know your rights you can get a copy of the Fair Debt Collection Practices Act here ...
What constitutes harassment under the Fair Debt Collection Act? How often can credit cards call you a day?
I am being driven crazy by calls from one particular creditor - and I'm only 10 days late w/ my payment!! Help? Is there something that I can do? I live in New York.
This is a first party credit card, not a collections agency. thanks!
You have to REQUEST that they not call you anymore, unless you agree to a certain date. They can call as often as they want to until you ask them not to. Also watch out for the late charges, and they will probably up your interest rate to the highest they can.
if its 3rd party, your in collections they can only call one time per day with contact. otherwise no contact/message they can call every few hours.
Is this a violation of the Fair Debt Collection Practices Act?
A debt collector called my wife's mother, ex-step-father, and grandmother and told them he needed to contact her because there were fraudulent charges made on her credit card. Her mother called BS on the guy and took his information, then gave it to my wife.
Is this false representation under Section 807 of the Fair Debt Collection Practices Act?
The practice you describe would seem to be forbidden by 15 U.S.C. 1692e(10): "The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."
http://www.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001692---e000-.html
Can I send written notice directly to credit companies to stop calling or does it have to be to the collection?
Do I have to wait for letters from collection agencies or can I send notice directly to the credit card companies under the fair debt collection practices act to have them stop calling and harassing?
My suggestion would be to write the the credit card company when they send you a delinquent notice and explain to them your situtation and why you cannot make the payments. Of course they will ignore them. When the credit card company calls, answer the phone, tell them that you have sent them a letter explaining your situtation. They will more than likely try to get you to tell them what the letter said. Tell them it was all in the letter and they should have it, and you cannot discuss the issue on the phone because you do not have all of the information immediately available and you get flustered discussing it on the phone.
After six months the account will be charged off by the credit card company. They will turn it over to another company to try and collect. At that point you can send a debt validation letter and request to only contact you through written correspondence.
Good Luck
LEGAL DISCLAIMER: I am not a lawyer and this should not be considered legal adivse. This has simply been my personal experience.
Additionally, the FDCPA allows you to send collectors requests to cease and desist all contact. The collector has to stop all contact, except for the court summons. The FDCPA does not give you the right to select which types of contact. While most collectors will abide by your request for no phone contact, legally, they don't have to.
The best way to get the original creditor to stop calling, is to pay what you owe. Credit card companies usually charge off and send accounts to collections at around 90 days past due. Some credit card companies, like Capital One, are very aggressive about collecting and will sue for even small amounts. Work out payment arrangements now before you further damage your credit.
Isn't it against the fair credit act for creditors to not list a date of last activity?
I thought they couldn't do that just to stay on your credit report for too long. I also thought they can't just sell the debt to a collection agency and that agency not list a date of service as if the account is still open. what can you tell me about these things or your experiences like this? how to handle this issue?
What I recommend is pulling all three of your credit reports and comparing how the same account is reporting to all three. Then make a list of any discrepancies among them. Then, in your dispute, you can have a laundry list of all the things that they are mistakenly reporting to all three bureaus and you can actually mention to, say, Experian, that the Creditor is reporting the DOLA as X to them but is not even bothering to report one to Equifax or TransUnion. At that point, how do you even know what is accurate if they just leave out information or they report inaccurate, conflicting information to each bureau?
Ditto for the collection account.
Fair Credit Reporting Act Violation (FCRA) Trans Union?
Trans Union sent my credit report to a Debt Collection agency without properly "looking" at my file. They didnt match what they received from the ageny like name,address or phone number to my file. What makes no sense is Trans Union sent my file to a automobile finance company just six days prior. Furthermore they realeased my file without my permission which is a direct violation of the FCRA. Do I have a case against Trans Union?
Ok thank you everone for the answers but I see I must clear a few things up. When i say I believe there was I violation I say that because I never I repeat never had a bill with this agency the person they were looking for is john washington I'm johnny a washington. The only thing similiar about our address is the city and state Brooklyn,NY. That's why I'm mad because they just gave up my report without my permission. Trans Union TOTALLY dropped the ball.
Hang on, I'm confused! Are you saying that they sent these debt collectors the wrong file and it wasn't actually you they were trying to get information on? Have you moved and were the DCs possibly trying to find your current address? Many companies and DCs subscribe to various credit reference agencies and if they have a case with you they have the right to search your file at anytime say if you have defaulted and they can't find you and want to see if you have moved. Also, some creditors state in their terms that they may search your file every now and again to keep tabs on you and make sure you are still in a good position to pay and other various 'big brother is watching you' reasons. Hope this helps! M x
See below
There is the "soft" inquiry. Which is where a company will receive a limited view of your credit report. The most common use for this is those Pre-Approved credit card applications you receive in the mail. The credit reporting agency(TransUnion) does not need your consent for these. These are only seen by you and have no effect on your score or report.
There is another inquiry called a "hard" inquiry. These are where you actually request for new credit. Here they receive your full report and other companies will see these types of inquires. Generally if you have only a couple every few months it will not harm your score dramatically. Now, there is another case where a company has a pre-existing relationship. Here they can pull your full report, it does get listed on your report but it has no effect on your score.
So if you had a credit card in default the collection agency is authorized to view your report without your concent. This is so they can attempt to locate you. As for the auto finance company, if this is a "soft" inquiry there is nothing wrong. However, if it is a hard inquiry where you don't have a relationship then you may have a case of identity theft. In this situation however, you do not have a case against TransUnion.
Statute of Limitation on a Credit Card Debt. Which State's Law am I under? ?
Long story short, I moved on short notice and transferred all my info accept for, apparently, one card that slipped through the cracks, to my father’s address. I bounced around for a while and all my other bills kept up with me…
It has been at least 4 years since I have had ANY contact with the credit card company even though I changed my address with the bank which the card was through, which also has my checking account.
They FINALLY decided to look me up (It isn’t as if I’ve been “Hiding”.) and I am being threatened with legal action so I am wondering about my rights.
I lived in Arizona, I now live in Illinois.
Which Statute of Limitations is attached to the account? The state that I opened the card in or the state I live in NOW?
The Statute of Limitations for Arizona is Three Years for Oral Contracts, six years for written contracts, and 3 years for open ended accounts.
http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm
The Statute of Limitations for Illinois is Five Years for Oral Contracts, Ten Years for Written, and Five Years for open ended accounts.
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII&ActID=2017&ChapAct=735%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=56&ChapterName=CIVIL+PROCEDURE&SectionID=30813&SeqStart=96300&SeqEnd=101900&ActName=Code+of+Civil+Procedure%2E
I’m going to print up a copy of my credit report to give to my lawyer but I would like to understand what everything MEANS before I dive in to this.
What law am I under? Arizona Or Illinois?
I am looking up my rights under The Fair Debt Collection Practices Act, but still, I was hoping to get some info from people that have been where I am.
Thanks for any info you can provide!!
I'm going to pay I just want to know the FULL details of the laws I am going to use to negotiate my position.
The debt will be paid in the long run... I just want to know how much fighting I will have to do to get a reasonable payment amount since I am disabled, not getting any SSDis, and pulled about $4000.00 in pay last year...
If I CAN'T pay them, then I need to work out an arrangement that will allow me to give them something I can live with.
Sorry to tell you this but your under Illinois since that is the State they will have to sue you in to get a judgment.
What's the best way to approach Credit Solutions Corp to remove an old, paid collection?
I had a collection account with Credit Solutions Corp which I paid about 3 years ago. It was reported as PAID on my credit reports. However, on two it was reported as "Installment", and "Open Account Type" on the other. This collection account doesn't report the date of first delinquency. Do I have a case in demanding for corrections/removal?
Via Express Mail, I sent a debt validation letter to one of CSC's vice presidents. The letter was enhanced with "Please correct/remove or pay me $1,000 for violations of Fair Debt Collections & Practices Act" kind of tone. It's been a week and I haven't heard from them. No correction/removal on my reports yet. I've already disputed this account with the credit reporting agencies. What should my next step be after 30 days and no response from CSC? Ways to expedite this?
You leglly have to wait the 30 days.... If they do not respond to you, report that to the credit bureau as well.... PLEASE keep track of names addresses and phone # of everyone you deal with.... Put in the sisputes with the Cred. Bur. if the creditor does not respond to the cred. bur. , the cred. bur. must remove.
if a collector reports after you've already paid your account is he in violation of fair credit reporting act?
I had a phone bill of $120 reported to collections. When I was advised of my debt, I paid it immediately. (I thought my bill was paid when I disconnected with this company more than 1 year ago). The collections agency then reported this bill as "paid" AFTER I had paid it. This item had not previously exsisted on my report. Is this legal?
Since it was in collections yes, this is legal. The item went to collections and is paid, so this is being correctly reported on your bureau report(s).
Now you could ask the collection agency to delete the item from your report (or do a dispute with the bureau on which it is being reported), which they may do because you paid the item in full. But they have done nothing illegal.
Fair Credit Reporting Act?
According to the Fair Credit Report is it unlawful for a creditor to remove a debt off your credit report? That's what I was told from a collection agency.
The collector was lying (imagine that)
A creditor or collector has the right to report AND the right to NOT report a valid account or debt.
A creditor or collector has the right to report a valid account or debt to only one or two CRA's or to all three.
Any business, creditor or collector, has the right stop reporting on a report at any time.
The one thing that they legally MUST do is report the valid account or debt correctly if they do report.
The collector is trying to snow you, in my opinion.
You should stop speaking to them by phone, only correspond by mail.
If you have not sent a debt validation letter, you should.
You should also include in the DV that you are requesting that no calls are made to you at your place of business or your home as it is inconvenient to you and all future correspondence from them must be made in writing and sent by USPS.
Never sign your name to anything that is sent to a collector, only print your initials or type your name
Everything that is sent to a collector should be sent certified mail return receipt
If you had that statement from them in writing, you would have them on FDCPA violations - false information, etc.
ETA - I agree with Cali
I have a collection for $70 that does not belong to me. Is it better to dispute the charge or pay it?
The $70 bill is from NJ in 2003 and I was never contacted about this overdue bill until May of 2007. It has impacted my score greatly. I have never ordered anything from this company.
1) Has the statute of limitations run out to collect this debt?
2) Is there any recourse I can take to have it removed from my credit report?
3) I filed a complaint with the FTC because I sent a dispute letter in June 2007 and the agency never pushed it to the credit agencies until I made a follow up call on 9/17/07. Is this against the Fair Debt Collections Act?
4) Is it better to pay this bill or dispute it?
5) Is this a scam? It is a collection through KCA Financial Services.
my credit score was very high in January of 2007 when I received a car loan and received the best/lowest rate. The number dropped significantly once this collection hit my account.
1. Link at bottom so you can look it up.
2. Yes dispute it.
3. Yes.
4. Always dispute if it's not correct information.
5. Don't know.
http://www.bcsalliance.com/index.html
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