Questions about 3rd party collectors

iVillage Member
Registered: 10-29-2003
Questions about 3rd party collectors
5
Fri, 10-07-2005 - 8:19am

Ok, I decided to try to not be intimidated by the collectors. I received a call yesterday and told them that I under no circumstances would give them a check by phone, or send my payment via western union---it is STUPID to pay someone to wire money----they told me that they would tell the original creditor that it was a 'refusal to pay' and I clearly explained that they could not say that, that isn't what I was saying, yada yada yada........we argued for about 25 minutes. It was crazy. I told them I wanted a letter from them telling me the original creditor, the total amt due, their address and other details of the account. They said they sent one in June, which I don't have, so I asked 3 times for another letter----the 'supervisor' I spoke to said that they wouldn't send me a letter unless I set up payment arrangments---meaning check by phone...........I refused.

I want to know my rights as a debtor. DO I have the right to ask for such a letter? They wouldn't give me their address so I could mail letters asking them not to call (can I get a sample letter---I know they are out here somewhere, but I don't know where)?...they only gave me a 'payment processing center address'----So, that shows that they DO take mail in pmts.........

Anyway, how do I resolve this without them 'advising their client' that I'm refusing to cooperate--

Can I get some of the sample letters to creditors I've seen posted here?

What are my rights with a collection agency--I know they differ under the fair credit reporting act----what if they refuse to provide me with the information I request?

Also, he quoted me my 'SUPPOSED' fico score----do they legally have the right to view such informtion?

Thanks for ANY info you can give, and any sample letters you can provide.

Shels




Edited 10/7/2005 12:23 pm ET ET by shels2003
iVillage Member
Registered: 03-27-2003
Fri, 10-07-2005 - 1:01pm

Hi Shels--

I just went through this myself last month...

A collection agency can contact you by phone initally to tell you that they now have the account, and go from there. HOWEVER, they MUST ALSO SEND A LETTER WITHIN FIVE DAYS OF THE INITIAL CONTACT. The letter must state basically the same information, but must also state that you have 30 days to dispute the charges. Any interest that they charge, check your state to see what the legal limits are (here in CA it's 10% of the total balance) must be stated as well.

I had them calling me, asking for payments over the phone, which I refused to do, and then they asked for post-dated checks, which I also refused, asked for another option, so they marked me as "refuse to pay" as well, but I kept in mind that they were recording the call, so I made sure that in each call from them I specifically spelled out my terms. I had actually sent an online payment to the orignial creditor just prior to the collections calling me. Never received a written letter from the collection agency, and their people were very rude. I contacted the orignial creditor to tell them that I understood why I was sent to collections, but that the company they were dealing with was doing some borderline illegal activities. The next time the collections called, and before they could say more than their name and the company they are with, I said that I had received nothing in writing from them, but had been receiving calls for two weeks, and the law states that they send me a letter within five days, so until I received a letter, I would not be speaking with them again.

I have continued to send my online payments to the orignial creditor, and the calls have stopped.

You can contact them in writing and demand that they cease contact with you. And don't let them push you around!! Their job is to get the money, but they have laws that they have to follow. You can find this under the "Rosenthal Act" by searching for Fair Debt Collection practices through the internet. Be sure that you not only look up fed guidelines, but for your state as well, as laws differ from state to state.

Good luck and hang in there.

Kathy

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iVillage Member
Registered: 08-20-2005
Fri, 10-07-2005 - 1:21pm

Hi, I use to come on this board a long time ago, and I guess I'd be an old newbie. Anyway I think you are right not to be intimidated by the collectors. First of all if they call you, you can tell not not to call you at work or home. Legally they cannot do that if you tell them that, it may help to write and tell them that. Tell them you never recieved any letter from them and tell them you demand a document showing the orginial creditor. They have to give you one. Once you get that letter, then write to them and tell them you want proof of the alleged debt, state in your letter that this is not a refusal to pay, but you simply want proof that you owe this debt. Ask for a copy of any document which bears your signature, name of orginal creditor ask for the account #, total amount of the alleged debt, a copy of their license to practice debt collection in the state that you live in, a summerary of all accoount activities, including all payment, late charges, interest, date payment recieved, date payments were posted, charges made and date charges were posted,copies of any verifiable proof that you recieved notification of said delinquent account(s)and was given 30 days to dispute. Here are some other questions you could also ask: Collection companys name and address, date alleged debt was charged off, date of orginal delinquency, address on file for debtor.

What you do is write to this company when you get there address, Like I said above make sure you put in your letter that this is not a refusal to pay. Then make a list of all the items that you want, tell them you are giving them 30 days to produce the items you have listed, when 30 days goes by and if they have not sent anything, then sent another letter along with a list of the items you asked for and tell them they have 15 days to reply, if at the end of 15 days they still have not replied, then write them one more time and tell them its the last time you will write them to send you the items you requested to validate the alleged debt, and if they don't send a reply, then you will report them to the BBB, The Federal Trade Commission and your State Attorney General office, then do it if they have not replied in 7 days. By not giving you they items you requested they are voilating the Fair Debt Collections Practices Act, 15 USc 1692g Section 809 (b). Make sure you send any correspondance by registered mail, where you get a signature back. It may help when they call you again to tell them they have to give their address or your will report them to the places I mentioned about, such as the State Attorney General office and the Federal Trade Commission. You can look up these sites and they should be able to tell you your rights.

My husband had a 3rd party collector harazing him and I wrote the letters I told you about, they finally sent a letter saying that they would desist all collection on the alleged debt. They sent a summy of the account, but it only had my husbands name, no account number, no address that they had on file at the time of the alleged debt, nothing. You can fight these people. They more than lightly cannot come up with any records, and depending on what state you live in and what year the alleged debt was made, they only have so long that they can legally come after you. Under no circumstances admit you owe on a debt or send in a payment, because if you do sent in a payment even if the debt is 20 yrs old, then they can renew this debt and really come after you. Do some reserach. I wish you luck and if I can be of any help please let me know.

Becky

iVillage Member
Registered: 10-29-2003
Fri, 10-07-2005 - 1:54pm

Kathy,

I have another question---it isn't the initial contact. It is the first time I've actually spoken to them (yes, I've been ignoring several calls---and finally decided to stand up last night) they claim they sent me a letter in June (I don't have it and don't remember getting it) and they say they've called 34 times (with noone answering) Can I still demand that letter in 5 days? They'll say that doesn't apply to them because they already sent the letter and have been attempting to contact me.....

thanks,
Shels

iVillage Member
Registered: 12-05-2004
Fri, 10-07-2005 - 3:33pm

I'm not sure, but could you demand that they send another letter by "certifed" mail? So you'd have to have a signature when it arrives? That way, you could prove what day you actually received it, and they couldn't make up stories about having sent you one in June.

Pat

iVillage Member
Registered: 03-27-2003
Fri, 10-07-2005 - 4:29pm

Yes, I would think so. First of all, any company worth their salt would have a copy of the original letter in your file, because I am sure that they have to document and record all contacts/attempted contacts with the debtor (you). After all, they knew how many times they tried to call you, right?! And though they have called you and you have not taken any of the calls, they have only ATTEMPTED contact with you, but never got you on the phone until the other night...a technicality, I would think. And it's your word against theirs that the letter actually arrived--things DO get lost in the mail! So, I don't see why they wouldn't have to send another letter to you. Go so far as to ask them to send it certified, return receipt, so that THEY will have a record of when the letter went out, who signed for it, and when it was received. It is your legal right to have been notified in writing from them, and without them sending you either another letter, or a copy of the original letter, they have just violated the law (imo), and you could call them on it...tell them that you want the letter, or you will report them to the Atty Genl for violating Fair Debt Collection Practices. They have to identify themselves as a bill collector, and without that letter, you really don't know them from Adam. You're just trying to protect yourself, which you have every right to do.

When you get the letter, make sure you save the envelope as well, because sometimes they will generate a letter and then not mail it for a few days. Anything that shows that they are not upholding their end of the law. Start documenting all phone calls. I had someone suggest to me that I tape the calls from the collectors, because they are taping me, and by telling them that you are recording it kind of forces them to be on their best behavior...I haven't done it, but thought it was a novel idea!

Don't be intimidated by them. Of course they are going to mark you as "refuse to pay" because it's their way of scaring you into paying what you couldn't pay in the first place! Remember, a roof over your head and food on your table are more important than the headaches that they are causing you. And don't give them more information than is necessary...I have heard horror stories about people having their bank accounts cleaned out by collectors. I was so angry when I was told that I was refusing to work with them, and I pointed out that I was willing to make payments, but not through postdated checks, and when I asked for an alternative they said there was none, so I said that as far as I could see, they were the ones being uncooperative, not me. And when you get the letter, try to run a "check" on them when you get their information. Try the BBB and see if they have any complaints against them.

Kathy

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