What's the deal with debt collectors?

Why do they think that calling you in your own home to scream at you for money owed is going to in any way motivate you to pay?

I owe the company I work for $400 for a piece of furniture. Everytime I intend to pay, something comes up, and eventually I forgot about it.

So, this guy calls me up, asks me about my finances, and i told him... I'm currently out of work bringing in $602/month from SSI for my daughter, with a rent payment of $585 and $-85 in the bank. So he starts to litterally yell at me into the phone that I've had all this time to pay so I have one week to pay or he's going to file suit and hangs up.

Please, so I go to court, STILL have no money, it cost the company more than the bill owed to take me to court, and it's small claims at best so they can't do anything about it anyway. I want to pay it off, but what the hell do they expect me to do, rob a bank? If the ass calls me again I'm going to remind him that even the the reason is calling me is valid, his actions still qualify as harassment in NY and if he calls again I'll file counter suit for harrassment.

ass. Just needed to vent. I mean, do they really think that works? It's rude and degrading at best, and I for one will take my sweet time paying now just because of that. Someone want to call him back and yell at him for me?

Anyone else have to deal with that?

 

this morning actually...lol

My wife tried to pay her loan online the other day and for whatever reason, it didn't go through so she forgot to try again. So they've been calling our house non-stop for two days. They'd leave a message with their personal name, not the business they were calling from or what they were calling for, only a name and number. My wife and I were both like "if you don't to tell us who you are, then we don't want to talk to you".. so this AM as I was leaving , they called the house again. I picked up and this gent asks for my wife .

him: "is Heather there"
me: "Who's calling"
him: "Anthony"
me: "Anthony, what business are you calling from and what is the reason you are calling"
him: "It's a very important business matter sir"
me: "That's nice Anthony, but if you don't tell me who you are, I can't help you"
him: "It's a very important business matter sir and we need to speak to Heather today"
me:" Well, Anthony, if you don't tell me who you are with and why you are calling, you won't get to speak to my wife .. ever... is that clear?"
him: "who are you?"
me: "I'm her husband and the only one who's going to allow you to speak to my wife, so how bout it.. ?"

Well, he finally caved in and told me what was going on and I told him very politely that it really wasn't necessary to be cryptic and that I would gladly inform my wife of her payment that is overdue.

So not only are they complete dip****s but it proves a point that being polite and descriptive can be the only way to achieve a positive result.

They got all nasty over $52.00 USD .. pathetic.

 

Sick. I mean... these people are just asses. Most people know they have debt, they feel bad about it, and if they can afford to pay it off they would gladly do it. I however, cannot. So all I have the capacity to do is feel bad, and calling me up to scream at me in my own home is not the way to do it.

 

I get these frikkin' phone advertisers, retirement advisors and loan companies calling me right when i'm eating, cleaning, washing, playing games, watching tv, surfing internet, taking a dump, smoking, taking a nap, having sex, masturbating like all the freakin time on all imaginable points on the day and when you tell them polite to bugger off they get annoying like : "oh but sir, please take a second, it's for your own future" or "sir, this inquiry only takes a minute" Yeah more like 60 little minutes you mean, man these people are hard case to ditch, i know they're only doing their jobs and all but still...

 

All of these agencies, skirt the letter of the law. The technique is to harass you into paying a debt that they bought from the company you barrowed from. You do not have to deal with these companies as a matter of law. All you have to do is send a 'Cease and Desist' letter, explaining that they are not to contact you, your employer, or any member of your family; whether that be by mail or the telephone. Also explain to them, that you will only deal with the original creditor. If they contact you again they have violated the Federal 'Fair Debt Collection Act'. When you send the letter, it must be sent 'Certified Mail', 'Return Receipt'. This way you can prove in court that you sent it and they received it.

They will claim that they have 'legally' notified you of this debt, that is not true. A letter mailed 'First Class' or a telephone conversation does not constitute 'legal' notification in the eyes of the law. Bear in mind that when you talk to them on the phone, they are recording the conversation, and if you acknowledge that the debt is valid, they can and will use that against you in court.

 

Niiiiiice so you are lucky when they call you, that means you'll never have to pay the debt! just deny all, that easy?

 

prior to my bankruptcy a while back i went through about 6 months worth of adventures with collectors. i was getting at least 12-20 calls a day. i screen all calls so whenever i felt like playing with them i would answer. at the time i had about 100/month in extra income to spread out over 7 different creditors. so i would make a standard offer of $20 a month. of course they would always say thats not enough to which i would politely tell them that where i come from 20 is more than 0. but fell free to make your own assessment.

it would crack me up when they would ask me if there was anyway i could borrow the $ to pay them off. to which i would ask them. would YOU loan me the money ?

generally the more hostile they would become the nicer i would be. sometimes even to the point of consoling them. i even offered one guy that since he wouldnt take my 20 bucks i would be happy to meet him at the tavern and buy him a few beers to help calm him down. that went over well

so you might as well have fun with them and NEVER EVER give them any information that they dont already have.

 

I don't really have a problem with creditors calling, but a few years ago I used to, that's why I love caller-ID, even now I only answer the phone when I know who it is, screw everyone else.

 

Read the post again. You are not obligated to deal with a debt collection agency which has purchased your debt from the original creditor. You do still owe the original creditor the debt, and it must be paid, or they can take you to court, and they will win.

 

they just want there money because they know if they dont never get incontact with you in 7years they cant do nothing to you so you could have a bill for lets say 50k and you dont pay any of it for 7years they cant do nothing to you (or so i have been told if i am worng please feel free to send me to the firing wall) and if you dont mind me asking what was the piece of furniture?

 

If you tell them to not call anymore...then by law they a required to contact you ONLY by mail!!! Not that this works every time, but it is the law...and that is why you have to keep in depth records of your conversations with them...and since they usually record conversations...you can use that to your advantage also!! Right before I declared bankrupticy I went through about a year of this crap with them!! once I bought an answering machine that recorded conversations and actually used it a couple of times to catch them doing something illegal...and guess what...they left me alone after that!!

It works one of two ways...They buy these delinquit debts from your creditor, usually for the amount of the principle, and then if they succeed with collecting the debt..then not only have they got their money back...but they might try to tag on some interest or fees that is money in their pockets!! If you notice...alot of times they will tell you that if you pay today, etc., etc., then they discount it for you, that is if you are good at bargaining!!

Or...the original creditor will hire collection agencies that will attempt to collect the debt for them, and again...if they can get it resolved...then the creditor pays them for the services!! Once again...they will bargain with you if you work with them!! Any amount they are able to collect over the principle...goes in their pockets!!

Can you not return the piece of furniture...maybe they will accept that to resolve the matter!!?? Or maybe sell it on Ebay or in the paper or something, and give them what you get out of it, and atleast it might get them off your back for awhile!!

Roger

 

However if they sell off your debt to someone else, they no longer have any legal interest in your debt.

While you can tell them to all kiss your arse, it still hits your credit report. With my credit being in the mid to high 700s range right now, thats important to me.

Here is another little tidbit of info. If the collector is out of state, they cannot collect from you, because the debt you owe is within your current state, and they have no legal action they can take from you. The collectors who buy your debt only have two options. They can call and threaten you, and ruin your credit. They cannot take legal action if they are not the original collector and are out of state.

Every time your note is sold, it resets the 7 year statue of limitations (not sure if thats the correct term) on your credit report.

I had a car repo'ed about 9 years ago, so I jumped through a lot of hoops.

 

You are still obligated by law to pay any and all legally incured debts. The 'Cease and Desist' letter tactic is to stop the harassment techniques used by 'Debt Collectors'. When a 'Third Party' debt collection agency purchases a deliquent debt; that you owe to copmpany 'A' you are not legally obligated to pay the 'Third Party' Agency, However, you are legally oblgated to Company 'A'. Also, some of the larger companies have established their own collection agencies, and can keep that account on your credit report until you settle the debt. Credit report entries can only stay on your report for 7 years from date of last activity. Meaning the last time the creditor/agency updated the file with the credit reporting agency.

I can't rember for sure, but I think Congress was working on or had passed legislation to would prevent debit collectors from reselling the debt to another agency.

 

Yeah....we owed the phone company money from when I was still in the UK and we made a ton of international calls. We've been paying them off at 2x $50 per month and it's nearly done now. But I hear ya.....they call constantly and have been quite abusive, to the point where I have hung up so that I'm not abusive back. I refuse to let some jerk wind me up so that I lower myself to their level.

Just one thing Wenchie...when you do pay them back, do it via a money order. Don't let the scumbags have any credit card or bank details from you.

 

They just passed a law that it is now 10 years!! My bankruptcy was 6 months shy of being wiped off when the bastards passed the law, so I had to hang on for another three years!! Thank god it's almost up now!! I see the light at the end of the tunnel!!

Also...remember that when you do come to an agreement and make a payment, or something to the likes...it resets that 10 year period!! Until it's paid off!! that's why you'll find that they will harrass you even more if it is closer to dissappearing...i.e...you've let it ride with absolutely NO activity for 9 years and 8 months!!! Once it's gone...it's gone and they can't do anything!!

My lawyer always suggested Western Union...that way you don't have to worry about them never recieving it (lost in the mail, or damaged by rain while delivering the mail, etc.) and it's instant!!

Roger

 

Western Union might be a great way to pay a company as a private individual, but can I just add that anyone who uses Ebay and the like to sell stuff....please consider carefully before accepting Western Union as a method of payment. There have been some great scams using this method...I received one myself on a tent I was selling. Thankfully I had heard about them and didn't take it any further.

 

what was the scam?

 

I was selling a large family tent from the UK for about £150. The buyer was in the US (don't they have tents in the US????) and he wanted to buy it but via Western Union, paying me significantly more than the asking price. Basically you then send them the tent and the difference in price that they have overpaid....this way not only do they get your goods but they also get money from you, and yet they never honour the payment through Western Union. You end up with no tent AND significantly less money.

I forget how it all came together...it was some time ago now, but the guy got quite aggressive when I challenged this method of payment, and so I just told him it was already sold.

I've since read quite a few reports of people being suckered via Western Union payments. Often on Ebay you will see people stating they do not accept this as a form of payment now.

 

Doesn't matter if they had passed a law for 10 years or not, each time your note is sold to another collector, it resets that 7 year timer.

 

Don't mean to hijack the thread here...but I gotta ask...

*hijack thread*

Why would someone send the product without recieving payment first?? When I sell something on Ebay...I clearly state, that I will ship the product once I recieve the payment!! I ALWAYS use paypal, but no matter what you use...I don't understand why anyone wouldn't adhere to that policy!!!!?????

Did you report the jerk to Ebay?? They will investigate and take the necessary action to see that those kind of people get booted!!! I done it myself to a jerk that sold me a dvd and never shipped the damn thing!!

*unhijack thread*

 

Because WU will state that you have recieved the money, and as far as they're concerned you have, but since they will not actually get the money the other end, they'll never give you the actual money, simply a note of reciept. So you go down to your bank, get a reciept and think "oh thats good they've sent me the money", go to cash it, send off the product and lo-and-behold the cheque bounces.

Thats why I'm never going to accept WU as payment for ANYTHING.

 

Interesting...I would have thought they wouldn't send you ANY confirmation, check, etc. until they recieve the money from the person that is supposedly sending it!!!! Something just doesn't "chuck and jive" in my opinion!!

But anyway...I've learned something new today...my day hasn't gone to waste!!!!

Roger

 

I always screen, can't stand bill collectors.
the newest trick is to leave a name and number for you to call, tell you it's urgent and that they are not telemarketers.
of course..I never return those calls. lol
some of them make no sense anyway. the seattle times has a whole dept collection department, start calling people over a lousy 25 dollers overdue.seems like they pay more having the collection department than they'll ever get back.

 

What you should do is run your voice through a synthesizer making it 'sound' male... I know from experience that if it gets down to a pi$$ing match over the phone I'm glad I got the male gene...

 

We even had the debt collectors call us, and when you answer it is an automated recording asking YOU to hold the line until THEY are ready to take THEIR call. I hung up at that point. The nerve.....

Also if you don't answer they leave nice automated messages telling you who and what number to call. As if..............

 

I HATE that! "Please hang on for an important message," says the pleasant female voice.

NOT!

 

Exactly! Then the unpleasant angry male voice picks up the phone eventually and gives you the verbal.

 

I had cause this morning to call a UK-based debt collection agency after a total screw up by B.T (UK national phone company...name and shame them, I say!). This agency were totally arrogant and rude...to basically cover their own ineptitude....more so than the US one I have had dealings with. And they say the US does everything bigger and better? You'll be pleased to know on this one the UK wins hands down

 

I'm not sure if this had been responded to being that I didn't finish reading the chain yet, but that is not correct. The 7 years is from the Date of Last Activity which is by legal definition 90 days after you defaulted on the origional obligation. Them selling it between creditors does not re-start the clock so to speak.

The 10 years is for bankruptcies not: credit card debt, chargoffs, collections, judgements. Some items last even longer than 10 years such as unpaid tax judgements.

For those who recommended telling the creditor to cease and desist. This is 100% correct legally they cannot call you again other than to advise you they recieved notice to cease and desist or if they institute a lawsuit against you they can call to notify (besides the formal notice they must send physically). One thing to remember, this must be done in writing simply stating in a phone call to cease and desist is not enough. Always send all communication to debt collectors / creditors via USPS registered mail return reciept requested.

Never, never, ever negotiate with a creditor or make a payment over the phone. They can tell you pretty much anything to get you to make that payment and you will have no proof that you had any agreement. Always get it in writing, pay by check or other secured money transfer (western union/etc) that provides proof of payment.

For some good information on dealing with creditors and credit related problems there is a informative forum: Credit repair information

Nj

 

You can say its incorrect all you want, but seeing how I dealt with it, my experience is quite different. Maybe it differs from state, to state, but while after 7 years my original colelction with the original collector did indeed expire, it did not with the collectors that bought the debt. So what may be "incorrect" and what is reality, is quite different.

Now, before you chime in on how I am incorrect again, please feel free to explain how after 9 years, I was unable to remove a car repo off my credit report as it was showing active. Once I settled it, I was able to have it removed promptly.

 

Lots of interesting information, but where are the links to the actual laws.

 

I think you are correct, but I understand the confusion. The way i understand it is that after 7 years, they can no longer bring legal action against you. However, the unpaid debt can continue to negatively affect your credit report/rating until it is settled, regardless of how many years it has been in default or whether the debt has been sold. The seven year limit on how long something stays on your credit only applies if you pay off the debt. i.e. if you settled a debt five years after it went into default, it can still stay on your report for 2 years, although it will also show that it was settled. Or, as in your case, if the debt is settled after the 7 years, it can be immediately removed from your credit report. it's IMPORTANT TO NOTE however, this often does not happen automatically. if you settle a debt that negatively affects your credit, you must contact the credit bureau yourself to make sure your records are updated. the creditor may be quick to report when you DON'T pay, but is unlikely to bother reporting that you DO pay. nor are they under any obligation to do so.

 

Fair Credit Reporting

Q. How long can a CRA report negative information?

A. Seven years. There are certain exceptions:

* Information about criminal convictions may be reported without any time limitation.
* Bankruptcy information may be reported for 10 years.
* Information reported in response to an application for a job with a salary of more than $75,000 has no time limit.
* Information reported because of an application for more than $150,000 worth of credit or life insurance has no time limit.
* Information about a lawsuit or an unpaid judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer.

THE FAIR CREDIT REPORTING ACT
The Fair Debt Collection Act (FDCA)

 

[rant mode]

So, the last couple of days I have had "we're taking you to court if you don't pay" letters from two large UK companies. (In line with my "name and shame" policy, they are BT and Orange...isn't it funny how inept phone companies are??)

Well I contacted both these companies in writing (thankfully I have copies of the said letters) before I left the UK and NOW they decide to bill me for services I cancelled some months ago. No...I haven't hijacked this thread...it's all related to debt collecting!

Anyway, my point is that customer service in the US wayyyyy out shines that received in the UK. Companies here are not afraid to say "Hey, we're sorry, we screwed up" occasionally. So...if you read this and are in anyway shape or form invovled in work that deal with customer service to the public, please please pleaaaaase give them 150% of your ability and honesty. It will make the customer so grateful (and totally shocked!) that you will have a client for life! I know..I've done the job too. It does make a huge difference.

[/rant mode ]