Slidell man sues collection agency for discloses financial information to employer The Louisiana Record
A Slidell man has filed a lawsuit against a collection agency for allegedly violating federal regulations by calling his employer and disclosing information about his debt.
Claiming violations of the Fair Debt Collections Practices Act, Jeffrey Allday filed suit against Worldwide Recoveries on Sept. 9 in federal court in New Orleans.
According to the lawsuit, the defendant began to place collection calls to Allday in July 2011 regarding an alleged debt owned on a Best Buy credit card. Allday states the initial collection calls were placed directly to his employer. He contacted the defendant and provided the collection agency with his cell phone number, asking that the company not call his place of employment.
However, Worldwide Recoveries continued to call his place of employment, leaving messages with various supervisors and other employees. Allday states the messages stated that if he does not return the calls, the police would get involved and he would be
Debt Collection Agencies - Telephone Harassment 1
www.consumeractiongroup.co.uk This is the first part of the fourth video in a series of five looking at how best to deal with debt collection ...
I got a phone call from a debt collector agency because of a negative PayPal balance.?
I received the call today and spoke with a representative. I already payed Paypal and am waiting for the payment to go through. Will this show up on my credit report? I mean I payed Paypal and not the agency so does that mean I'm OK?
its about a month or so old. and i already paid.i just dont want it to show up on my credit report. the agency only called once.
You can google Cease and Desist letters to get one or go to : http://www.lawdepot.com/contracts/cease-and-desist-letter/?pid=googleppc-cease_us-cease_a1-s-ggkey_cease%20and%20desist%20letter&&s_kwcid=cease%20and%20desist%20letter|710212463
You should also review the Fair Debt Collection Act on ftc.gov.
For more credit tips, as well as a great ebook filled with useful, free credit info, visit http://www.howtogooru.com/lifeguard.html
I have had a dealings with a few of these. Assuming the debit is not valid or been paid. My strategy has been to get the credit agency to push it back to paypal.
WRITE! no not talk, to the credit agency and tell them it is not a valid claim. There is little they can do once you file the claim.
That will cost paypal money, and then they have to figure out if they want to sent it back to the agency.
Sears sold my account to a debt collector agency, but the issue is that the amount in dispute was paid in time
what can I do? sears sold my account to a collection agency, but the debt that they sold was paid in full before the due date, I have proof of that. now my credit history is ruined after lot of years of almost perfect credit. could I hire a lawyer to sue them for this damage to my name? the collection agency is still trying to collect the money from the debt, eventhoug I have sent them the proof that the debt was paid in full to Sears.
Under the FCRA, both the consumer reporting company and the information provider (the person, company, or organization that provides information about you to a consumer reporting company) are responsible for correcting inaccurate or incomplete information in your report. To take advantage of all your rights under the FCRA, contact the consumer reporting company and the information provider if you see inaccurate or incomplete information.Tell the consumer reporting company, in writing, what information you think is inaccurate. Include copies (NOT originals) of documents that support your position. In addition to providing your complete name and address, your letter should clearly identify each item in your report that you dispute, state the facts and explain why you dispute the information, and request that the information be deleted or corrected. You may want to enclose a copy of your report with the items in question circled. Your letter may look something like the one on page 8. Send your letter by certified mail, return receipt requested, so you can document what the consumer reporting company received. Keep copies of your dispute letter and enclosures.Consumer reporting companies must investigate the items in question — usually within 30 days — unless they consider your dispute frivolous. They also must forward all the relevant data you provide about the inaccuracy to the organization that provided the information. After the information provider receives notice of a dispute from the consumer reporting company, it must investigate, review the relevant information, and report the results back to the consumer reporting company. If the information provider finds the disputed information is inaccurate, it must notify all three nationwide consumer reporting companies so they can correct the information in your file.
See if you can get a free consultation and a lawyer who doesn't get paid unless you win if you intend to pursue it further.
§ 1692k. Civil liability
(a) Amount of damages
Except as otherwise provided by this section, any debt collector who fails to comply with any
provision of this subchapter with respect to any person is liable to such person in an amount
equal to the sum of--
(1) any actual damage sustained by such person as a result of such failure;
(2)(A) in the case of any action by an individual, such additional damages as the court may
allow, but not exceeding $1,000; or
Problem here is that Sears sold the debt to a collections agency and some idiot at Sears did not post payment in time so you got the shaft.
I bet the collection agency is Portfolio Recovery, if it is, then they are known to redate debts to try and collect.
Here is a link to them
:http://www.budhibbs.com/debtcollectorpag...
To remove the items from your credit report here is a link on the proper procedures.
http://www.ftc.gov/bcp/menus/consumer/cr...
Download a pdf file regarding how to dispute with CRA's
LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice
US CODE TITLE 15 CHPT 41 CONSUMER CREDIT PROTECTION
how to make monthly payment to the debt collector agency?
Hello, I'm an International student here in the USA, I don't know anything about this matter, so please help me...
I owe $13.000 hospital bill and make $25 monthly payment to the hospital while I'm waiting for the result of my financial assistant.
This month, one debt collector agency send me a letter about this bill.
I called the hospital and they said that my account was already transferred to that agency.
When I called that agency and explain what happened, they said that I need to give them my checking account information so they can collect $100 per month for 6 month and they will review my debt after.
I said to them that I need to think about that and I will call them later.
My question is, Is it ok to give my checking account information? (I'm afraid that if my financial assistant got approved, they will still take out $100 from my account) and also do you think that I need written statement about my payment plan?
if you have any advise or more information, is highly appreciated.
Thank you and God bless..
bdancer222: I asked one person that work in the hospital business office at that time, should I make any payment while waiting the financial assistant?(because they keep sending me bills) and they said I should and any amount is ok, to make a good account, but after I received the letter from the agency, I called the hospital again and the other person said that the amount that I've been paid so far is too small compared to what I owe. If you think that I shouldn't give my account information, what is the best way to pay my monthly payment?
Absolutely do not give the collection agency direct access to your bank account. It is very likely they will take more than you authorize. You should also insist on a written payment agreement before you send them anything.
You might even try to negotiate a discount on the total bill. Offer them 75%. If you could come up with a lump sum, they might even accept half. But any payment plan has to be 6 months or less to get a discount.
I do recommend trying to negotiate the bill with them. Usually you can get the amount reduced substantially.
Good Luck!
Debt collector agency....wont accept my weekly payment????
I have been forgetting to pay off my bill for couple months and now they have passed it on to a debt collectors who wanted me to get into contact with them to arrange a payment as soon as possible which is what i did as soon as i opened the letter, but the will not accept a weekly direct debit from me to pay it off and want the full amount and thats it! but im a single mum and this is the only way i will be able to come up wit the money cos they will keep charging me otherwise so what can i do??
Get in touch with your local Citizen Advice Bureau they will help you , there is government legalisation to help people in debt , so dont worry .
Many complanies send out letters even though they have agreed over the phone or by post. Most of them standardise their letters and make them scary to get you to pay!
What you must remeber is that if this isnt a priority debt...like rent, council tax or utilities, they must accept what you can offer!
Any court in the land would take into account that you intend to pay it if you have set up an agreement!
Make sure when you call these places that you get the operators name and ask them to note your call and even have what was agreed in writing. if they dont accept anything like that then you must evidence it by writing it down and then go to the Citizens Advice Beureux!
Scare tactics work!! they will use them...get a third party advocate...i use often CCCS
www.cccs.co.uk
they are good!
The most important thing to keep doing is COMMUNICATE with them and ask them to evidence it..that way if it ever goes to court then you have evidence of trying resolve this! that will do you BIG favours!
Good luck!
a repayment plan that sue ts your fiances once you have put in place a repayment schedule then take them to court and sue them for the stress it has caused you by them not accepting your payment in the first place and hassling you unnecessarily
make a note of all the dates and times and names of the contacts you have made with this collection agency
good luck and nail the b=ds
I won a court case and the guy doesn't want to pay me. Does anyone know a good debt collector/agency?
This tattoo artist caused a bleed on my tattoo. I took him to court and won the case. Now he says he doesn't have the money to pay me. I just want to be done with this as I've already missed 3 days of work. I'm wondering if I can just sell it to a debt collection agency and be done with it. I'd pay the 30% or whatever for it to be done with. I won just under $2k. Any advise in collecting would be greatly appreciated.
Regarding payrisk.com...I would love to see some more info on this. Posting a public notice of someones debt can be liable.
In your case, you need to study your state's laws and find out what recourse you have.
For example, many states have the following tools you can use:
1) Garnishment. In this case it's more difficult if he is self employed. If he is an employee of that tatoo shop you can go after his wages.
2) Bank Accounts. Gotta locate them, but you can take money from their account with a proper court order.
3) State Taxes. Many states allow you to seize state return taxes. Again, you need a court order, and you have to find their social security number.
4) Seize property. If they have a car or other property you can get a court order to seize it, have it auctioned off and you get the cash.
OK, so how do you find all of this information?
Again, check your state laws. Many states have a "judgment debtor" law that allows you to file a motion with the court ordering the debtor to submit a "disclosure" form listing all of his assets, bank accounts, employment, and Social Security number. If they fail to respond or do not give truthful information, the judge can issue a bench warrant against them for contempt of court.
I would suggest you try this method first before you toss it out to a collection agent. Note that many of these companies do very little to collect other then place it on the credit reports and send a few nasty letters. Remember, they only get 30%, and in your case how hard are they going to work for $600. Answer: Not very.
As for selling the debt...there is a growing market of people who purchase judgments. Remember that a court judgment continues to earn interest, and in some states it's a very nice percentage. They buy these debts just to hold on to, then after a few years pull up a credit report and see if the target has a job or some other income. There is no hurry, they have 10 years or more to collect. But they are not going to pay you a lot for your judgment.
You can also get nasty and contact the local city and state to find out the requirements to run a tattoo shop. The shop should have insurance, if they don't the place could be closed down.
You are not alone as there are millions of people ( businesses and professionals too) that are owed money and can't collect.
Courts and attorneys are a waste of time and money but there is a solution.
PAYRISK.COM It's a new site that as a member will allow you to list on the net anyone who owes you $ and print a form to notify them of their posting. The whole world will be able to see who doesn't pay what they owe and the only way to remove their name will be to log onto the site and pay. The site has a membership fee and a 10% service charge to collect debts, but it beats the cost of collection agencies and time lost in court and is alot faster as it should only take a few minutes to log the payrisk. You can also use the site as a member to view who has past due debts they have not paid. I heard the site will be live on or around April 1.
We can't wait to use the site because we have stacks of judgements we cannot collect. Tell everyone you know about this site so people will pay what they owe like the rest of us do.
PAYRISK.COM
Good luck
As far as a collection agency, they likely won't touch it unless it's a very high amount or you have alot of accounts to sell them. You'd be best off handling this on your own.
how do i find an independent contractor position as a debt collector?
i have over 25 years experience as debt collector and agency manager/owner. but i need accounts to collect as an independent contractor or outsource rep from home based office.
Check out Money Quest Corporation. See link below and check out 'Affiliate Relationship' on left side of screen.
I don't know much about them except they may offer the type of relationship you're asking about. Good luck.
can a debt collector report a debt you owe to a credit agency if you have your lawyer dispute the charge?
In the state of florida or wherever? I had a collector call me and try to get me to pay a debt that i know is completely invalid. So i had my attorney send the collector a letter of representation (certified mail), and basically state my stance as disputing the validity. the collector never responded, and almost a year later, they put it on my credit report and its screwing me over. i since then lost my lawyer, but i'd like to know if they could do that. please help!
If you are disputing the debt, contact the credit reporting agency and file a dispute. The creditor will have to validate the dept, or it must be removed from your report!
When a debt is purchased by a Debt Collection Agency, do they become the creditor ?
When a debt is sold to a Debt Collection Agency (via a deed of assignment), does the Debt Collector becomes the Creditor for the purposes of the Consumer Credit Act 1974 and are the rights and duties assigned? Please state court case, legislation in your answer.
after being a general adviser, on debt amongst other things, i can say that the answer is definatley yes - the debt collection agency who the debt is sold on to then become the creditor.
i cannot supply you with any legal cases on this, but you could try searching this site for relevant legislation http://www.opsi.gov.uk/legislation/about_legislation.htm
What will my credit report show if I choose to settle an old credit card account with a debt collector?
I would like to settle a few closed credit accounts that have been charged off and bought out by debt collectors. The collection agency is offering me a discounted rate to pay off this account. If I choose this option, will my credit report eventually show this account closed and paid off, as stated by the agency?
Think very carefully before you do this. Depending on your state, debts are only legally collectible for a certain period of time. In addition, they can only be reported for a certain period of time. Depending on when the last activity was on your account, you may have passed this time threshold, or are approaching it, but paying a lesser amount will re-start the reporting time clock. Do some research and find out what the statute of limitations are in your state. You may have to live with a crappy credit report for just a little while longer until such time when the negative stuff begins to fall off.
This site also provide some tips about this -
http://creditreport.fateback.com
Have a nice day.
Who do report debt collector agencies too for harassment phone calls.?
Who do you report debt collector agencies too for harassment phone calls. I got a call from one about an outstanding debt and they refused to tell me who they were unless i told them who i was first, i said excuse me but you called this phone number and i had the right to ask who they were before i told them who i was. i eventually lost my tempor with them after 4 weeks of continuous call to me (4 a day ) from 8 am till 9 pm. I told the person i will be reporting them to BT as a nuisance caller (which i have ) and now had to change my number. What i want to know, is there a body to complain to like trading standards or someone with some clout as im not going to let this rest. serious replies only please and all sarky comments will be reported for abuse. Thank you all.
try this link
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
It's the federal trade commission.
Debt collection strategies for eliminating articles
Have you ever before contacted a customer about a delinquent invoice just to locate out they are blaming you for not really supplying the required data? Surprisingly normally consumers will certainly require unique information to successfully process as well as pay an invoice. If something is missing, you must act rapidly to remove the obstacle, supply the gap, and make it simple for the client to remit repayment.
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