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Should I trust them? - 11/22/2008 11:09:59 AM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline 		Sir and I are trying to get a collection off his credit report. It's the only negative mark he has and there are many positives. A manager at the collection agency agreed that if the amount was paid in full, they would send a delete letter to all the credit bureaus. He said they had to follow through because the conversation was being recorded. I said since they are the ones with the recording and not me, I wanted a signed agreement from them in writing so I would have my own proof. For some strange reason they are refusing to do that. When I asked why they refused, they said it wasn't necessary because they are bound by the recording. Couldn't the recording disappear once they get their money? I have talked to two different managers at this collection agency assuring them I have the money to pay in full (not a settlement agreement)  and both have refused to send me any agreement in writing. I told them if I didn't have it in writing we wouldn't pay and they still refuse. It makes no sense why they are refusing to send the pay for delete agreement in writing. Am I wrong not to trust them? Is there another way I should go about this? We need to get this removed from my Sir's credit.  

< Message edited by defiantbadgirl -- 11/22/2008 11:13:08 AM >

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RE: Should I trust them? - 11/22/2008 11:21:16 AM   
NorthernGent


Posts: 8730
Joined: 7/10/2006
Status: offline 		It's bordering on brazen to appeal to 'trust' (considering you're the ones in the realms of bad debt).

Tip up, take a receipt, and follow it through.

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RE: Should I trust them? - 11/22/2008 11:21:33 AM   
UncleNasty


Posts: 1108
Joined: 3/20/2004
Status: offline 		Oh man. I had surgery on my left hand yesterday so I'm limited to one handed typing, otherwise I'd give you volumes.

Do not trust them. Ever!!!

Read the Fair Debt Collection Practices Act. I belive it is in USC Title 15. This will give some weapons to use as you fight, er, um, negotiate with them.

Also, you can easily record conversations too. Radio Shack can set you up with the proper gear for pretty cheap.

Uncle Nasty

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RE: Should I trust them? - 11/22/2008 11:25:04 AM   
celticlord2112


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quote:

Read the Fair Debt Collection Practices Act. I belive it is in USC Title 15. This will give some weapons to use as you fight, er, um, negotiate with them.

http://209.85.173.132/search?q=cache:N8VLI_XcsooJ:www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf+Fair+Debt+Collection+Practices+Act.&hl=en&ct=clnk&cd=1&gl=us&client=firefox-a

That's an HTML rendition of the FDCPA (15 USC §§1692-1692p)


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RE: Should I trust them? - 11/22/2008 11:37:31 AM   
barelynangel


Posts: 6233
Status: offline 		Write a follow up letter to the person who actually recorded the conversation (also have the person's who debt it is sign the letter along with your signature as the person who had the call), 1) stating who you are and what your relationship is to the person who has the issue also state you have full permission from the person who has the debt to speak of this matter when it was recorded, 2) asking for their understanding of the conversation in writing, 3) stating the conversation was records, 4) asking for a copy of that recording, 5) state who the parties of the conversation were, times and dates, etc, and 6) the full understanding to what you understand was the agreement.  Finally, there is a little phrase that is always helpful in cases like this, put at the end of the letter in its own paragraph, "if my understanding of our agreement is in any way incorrect, contact me immediately in writing with a detailed account of the agreement we came too.  If i do not hear from you in writing I will take that as confirmation to your agreement of my understanding." 

Many times companies like this hate putting themselves on the chopping block with things in writing.  So the best thing to do is always followup your conversations with letters that include that last paragraph.  This will either force them to acknowledge your error in righting and thereby their understanding is put in writing, or if you have additional issues you can send a copy to the credit bureaus along with proof of your compliance of the agreement and if the credit agency doesn't deny it to the credit bureaus they will remove it, or it fgives you leverage if it is taken in court for whatever reason.

So many people are afraid of these types of companies that these companies feel they can make their own rules becaue people aren't aggressive with them and rarely follow through.  Show them you are serious and aggressive in obtaining what you want they won't blow you off.  They are diligent in their paperwork, so you have to be diligent in putting what they don't want to in writing.  They don't have the power in an agreement, you both do which is why is one party refuses to put something in writing you do it and state if they don't contradict what you say, you will see that as them confirming what you state as true.

angel

< Message edited by barelynangel -- 11/22/2008 11:43:50 AM >

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RE: Should I trust them? - 11/22/2008 11:45:35 AM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
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quote:

ORIGINAL: UncleNasty

Oh man. I had surgery on my left hand yesterday so I'm limited to one handed typing, otherwise I'd give you volumes.

Do not trust them. Ever!!!

Read the Fair Debt Collection Practices Act. I belive it is in USC Title 15. This will give some weapons to use as you fight, er, um, negotiate with them.

Also, you can easily record conversations too. Radio Shack can set you up with the proper gear for pretty cheap.

Uncle Nasty


I don't have a home phone, only a prepaid cell so until I get a home phone that probably won't work. I just don't understand why they would readily agree to something but refuse to send a copy of the agreement in writing. It makes sense why I would want my own proof since they are the ones with the recording It makes no sense why they would refuse to send me my own proof. It also makes no sense why they would rather never get their money than send me a signed pay for delete agreement. If they don't want their money, why do they keep calling?

_____________________________


Only in the United States is the health of the people secondary to making money. If this is what "capitalism" is about, I'll take socialism any day of the week.


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RE: Should I trust them? - 11/22/2008 11:57:04 AM   
bamabbwsub


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Joined: 5/28/2007
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quote:

When I asked why they refused, they said it wasn't necessary because they are bound by the recording.


I also find it dubious that they are unwilling to put their offer in writing.   I would tell them in no uncertain terms that this is not acceptable.  If all else fails, perhaps you can contact the creditor to whom you owe the debt and tell them that you are trying to pay the debt but the collection company is being difficult to work with.

_____________________________

"Everyone is normal until you get to know them." - Dave Sim

I rescue animals. My pockets and gas tank are always empty. My home is always hairy and my inbox full of sadness, but my heart is full when seeing those that are saved.

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RE: Should I trust them? - 11/22/2008 11:57:59 AM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
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quote:

ORIGINAL: NorthernGent

It's bordering on brazen to appeal to 'trust' (considering you're the ones in the realms of bad debt).

Tip up, take a receipt, and follow it through.


But if they don't follow through, there is no use paying the debt because the credit rating won't improve. Another thing - most people negotiate with collection agencies to pay a reduced amount for the debt to be considered paid in full. I'm not doing that. I'm saying I'll pay the 100% full amount in one lump sum. 

_____________________________


Only in the United States is the health of the people secondary to making money. If this is what "capitalism" is about, I'll take socialism any day of the week.


Collared by MartinSpankalot May 13 2008

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RE: Should I trust them? - 11/22/2008 12:00:53 PM   
calamitysandra


Posts: 1682
Joined: 3/17/2006
Status: offline 		If he owes the money, he should pay, holding it back, telling them they will not get THEIR money until they do as you wish seems somehow,... well, lets just say not right.

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RE: Should I trust them? - 11/22/2008 12:01:26 PM   
barelynangel


Posts: 6233
Status: offline 		Umm paying the debt because you owe it tends to be why people pay debts, not because the paying the debt benefits them somehow.  Your Man made an agreement to pay the debt PRIOR to the credit agency wanting him too.  This shouldn't be a well, why should we pay it off attitude.  You pay it because you OWE it and obviously putting things in writing doesn't mean much to your Man when it was in writing in the first place he would pay any debt he owes.  So why is he so concerned with a credit agency holding their word when he obviously didn't hold his and now only wants to pay it off because its harming his credit.  If he would have paid it to begin with --- it wouldn't be on his credit rating and no agency would have to put it in writing that if he does what he was supposed to in the first place, they would take off the negative effect his not paying to begin with caused..  Sorry but it seems you are putting the bearer of responsibility on the wrong party -- your Man is the one at fault here - not the agency that is trying to get him to follow through on what he agreed to in the first place.

angel

< Message edited by barelynangel -- 11/22/2008 12:06:13 PM >

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What lies behind us and what lies before us are tiny matters compared to what lies within us.
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RE: Should I trust them? - 11/22/2008 12:05:36 PM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline 		I've also heard that refusal to cooperate when someone is attempting to pay off a debt means by law the debt is paid in full or legally becomes invalid. Does anyone know if this is true? 

_____________________________


Only in the United States is the health of the people secondary to making money. If this is what "capitalism" is about, I'll take socialism any day of the week.


Collared by MartinSpankalot May 13 2008

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RE: Should I trust them? - 11/22/2008 12:08:23 PM   
bamabbwsub


Posts: 566
Joined: 5/28/2007
Status: offline 		The bottom line is that he is now offering to pay the debt.  Collection agencies are notorious for being slimy.  I personally would worry that if I paid the full amount, they could then come back and say, "Oh, you only paid the initial debt.  Now you must pay the collection fees, etc."  In other words, they often intentionally mislead the consumer into thinking that they are paying off a debt in full, only to come back and ask for more money later before they will submit the cleared debt to the credit agencies.

My take -- don't pay them until it's in writing.

_____________________________

"Everyone is normal until you get to know them." - Dave Sim

I rescue animals. My pockets and gas tank are always empty. My home is always hairy and my inbox full of sadness, but my heart is full when seeing those that are saved.

(in reply to barelynangel)
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RE: Should I trust them? - 11/22/2008 12:10:23 PM   
bamabbwsub


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Joined: 5/28/2007
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quote:

ORIGINAL: defiantbadgirl

I've also heard that refusal to cooperate when someone is attempting to pay off a debt means by law the debt is paid in full or legally becomes invalid. Does anyone know if this is true? 


I can't imagine that that is true.  How do you prove "refusal to cooperate?"  I wouldn't count on it to be true.  You can always contact an attorney to make sure, though.  Or perhaps contact the BBB to file a complaint against the collection company and see what they have to say.  (I think the BBB is a joke, personally, but it's possible that they might be able to help.)

_____________________________

"Everyone is normal until you get to know them." - Dave Sim

I rescue animals. My pockets and gas tank are always empty. My home is always hairy and my inbox full of sadness, but my heart is full when seeing those that are saved.

(in reply to defiantbadgirl)
Profile   Post #: 13
RE: Should I trust them? - 11/22/2008 12:11:00 PM   
barelynangel


Posts: 6233
Status: offline 		This company isn't refusing to cooperate, all they stated was they have a recording and they HAVE agreed to what you stated will be done.    It may not be a policy to respond to every call and agreement in writing.  You have the ability to do so, if you choose not too, that is not their fault.  Just because you believe they aren't cooperating doesn't mean legally they are not.  They agreed to your terms, instead of trying to find loopholes to get out of a debt and agreement your Man had in the first place, pay the damn thing and deal with his report if they don't follow through. 

Sounds to me this is a case of the pot calling the kettle black.  I suggest you look at the orginal agreement your Man signed and agreed too and then worry about whether its the credit agency refusing to honor the agreement your Man made in the first place.  The credit agency is simply trying to get him to honor the agreement he originally made.  I think its kinda ironic you are worried about trusting them, when they trusted your Man to pay them in the first place - and he didn't it seems.

angel

< Message edited by barelynangel -- 11/22/2008 12:15:41 PM >

_____________________________


What lies behind us and what lies before us are tiny matters compared to what lies within us.
R.W. Emerson


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RE: Should I trust them? - 11/22/2008 12:11:49 PM   
windchymes


Posts: 9410
Joined: 4/18/2005
Status: offline 		For heaven's sake, pay the money that is owed them, since they already benefitted you in some way by providing you/him with a product or service that apparently you feel the need to set conditions for which to pay them ?!? 

Make the payment with a personal check.  That way, when it clears the bank, you will have proof that it is paid.  Trust me, they'll cash it, you'll have the proof, and if by some minute chance they fail to notify the credit agency (which is unlikely, really) you'll be able to persue it.

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RE: Should I trust them? - 11/22/2008 12:16:14 PM   
mystickoolaid


Posts: 519
Joined: 11/15/2008
Status: offline
quote:

ORIGINAL: bamabbwsub

quote:

When I asked why they refused, they said it wasn't necessary because they are bound by the recording.


I also find it dubious that they are unwilling to put their offer in writing.   I would tell them in no uncertain terms that this is not acceptable.  If all else fails, perhaps you can contact the creditor to whom you owe the debt and tell them that you are trying to pay the debt but the collection company is being difficult to work with.


Could just be laziness.

Edited to add: pay the bill if you feel that it is legitimate. BUT make sure you pay it by check or money order so you have proof that the debt was settled just in case it comes up later on.

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RE: Should I trust them? - 11/22/2008 12:19:18 PM   
bamabbwsub


Posts: 566
Joined: 5/28/2007
Status: offline 		I think some of you are confusing the collection company with the original creditor.  Say you went to a doctor and owed a debt of $100 because that's what your insurance company wouldn't cover.  After unsuccessfully trying to collect the debt from you, the doctor's office turns it over to a collection agency.  The $100 is now $200 (for example) because the collection agency has fees that they tack on. 

Collection agencies may send you a bill for the original $100, you pay it, and you think your debt is settled.  Then they continue to call you, saying you owe another $100 to cover their fees.  Maybe you pay another $100 and the company says that you owe another $30 for one reason or another.  It may never end.  The collection agency has you by the short hairs, because there is nothing IN WRITING to show the total debt that you owe for your credit to be cleared.

I went through this with my best friend, who overextended herself on her credit cards.  She negotiated with the collection agency, and they agreed to send her a copy (at my insistence to her) of a letter that stated that if she paid X amount by X date, her debt would be cleared. 

_____________________________

"Everyone is normal until you get to know them." - Dave Sim

I rescue animals. My pockets and gas tank are always empty. My home is always hairy and my inbox full of sadness, but my heart is full when seeing those that are saved.

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RE: Should I trust them? - 11/22/2008 12:20:48 PM   
KatyLied


Posts: 13029
Joined: 2/24/2005
From: Pennsylvania
Status: offline 		Wow, he owes them the money.  I don't really see how he can dominate them into making weird agreements in order to get money that he agreed to pay back to them and then defaulted on.  I'm also trying to figure out why the creditor is talking to you in the first place, or is this also your debt?  The creditor is NOT the bad guy here.  Even if it is paid in full, it will probably remain on the record as being paid late, as it should.

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RE: Should I trust them? - 11/22/2008 12:23:13 PM   
calamitysandra


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quote:

ORIGINAL: defiantbadgirl

I've also heard that refusal to cooperate when someone is attempting to pay off a debt means by law the debt is paid in full or legally becomes invalid. Does anyone know if this is true? 



They are not refusing to cooperate, they are just refusing to do what you want. Those are two different things.

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RE: Should I trust them? - 11/22/2008 12:25:02 PM   
bamabbwsub


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quote:

ORIGINAL: KatyLied

Even if it is paid in full, it will probably remain on the record as being paid late, as it should.


If this is the case, then the collection agency (not the creditor, who is now out of the picture) should just tell her that he can't remove the bad rating from the credit rating but that he will update it to show that, though late, it was paid.  And if this is true, why can't they put that in writing?  Something just seems off to me...


< Message edited by bamabbwsub -- 11/22/2008 12:28:51 PM >

_____________________________

"Everyone is normal until you get to know them." - Dave Sim

I rescue animals. My pockets and gas tank are always empty. My home is always hairy and my inbox full of sadness, but my heart is full when seeing those that are saved.

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