Thanks in advance for any help! I have received communication from a collection agency who is trying to collect a debt from last year for some unpaid hospital bills. They called on Friday of last week (5-28-04) while I was working, and wanted me to pay the debt immediately. I told them that I could not pay for it all at once so the collector offered to split it into 3 months. (I owe $1900). I told her that I could not even afford that as my current bills and child support do not allow for such an expense. I made the counter offer of $50 a week until paid off in full but she turned my offer down saying that because it was the last business day of the month, they had to turn their records in and my file would go to court. This was the first communication from this company! I told her that I could only pay the $50 a week and that was it. She declined again, and said that if she had 3 post dated checks, she could "slip it by" her manager. **This sounds Shady to me** She offered to have me talk to her supervisor (not manager), and I did. Her supervisor declined my offer as well, and said that all she could do was the 3 post-dated checks to "hide the file from the manager," Or that the file would go to court. The supervisor did reveal that they had sent a letter to me in February, but it never got to me and was sent back with no reason for return stated in their records. I told her that if I had received the notice, then I could have had time to prepare for the expense, but now they were calling expecting immediate payment in part or in full or legal action would be taken. I told her that I made an offer and both she and the collector that I first talked to turned it down. I was prepared to pay the first installment of $50.00 that day. I told her that I could not afford to pay the bill any other way. She reiterated the fact that if it went to court there could be legal fees, wage garnishment above my child support and fees from their company. The conversation ended with her rejection of my offer for a third time for a payment plan. This evening at 9:00pm, the first collector called again, and said that she would do the $50.00 a week, but I had to pay her $200 at a time every month, and I had to pay her right then. I told her that I thought that she was going to take the case to court because she wasn't going to agree to my terms of payment. At that moment, I lost my cell phone signal, and the call dropped. She left a message on my voicemail right away to call her back, but didn't leave a number where I could call her. ---------------------------------------------------------------------------------- The questions that I have about this are as follows? Are they allowed try and collect for a debt on the same day that it will be turned in for legal action WITHOUT PRIOR NOTICE? My father used to know a business lawyer who once said this: "A credit company can not refuse a payment or else you must not owe them anything." If that is the case, because they refused to take my offer, would that be something I can use at some point? Why would they turn down a reasonable offer for payment? Is there something fishy with this business of trying to keep the manager from knowing what is going on with my payments??? Of course they make it sound urgent, but is it really that urgent, or do I have time to get the money together? ---------------------------------------------------------------------------- Thanks for bearing with me on these longwinded questions! I fully intend to pay the debt, and will pay it as I am trying to rebuild my credit. I just need to be able to pay it in a way where it wont kill me to do so. I live in Michigan, Just incase the laws are state specific and the company is Merchants and Medical. S.K.
Well... There is nothing preventing their first communication from being a lawsuit. So threatening that it will go to court if it's not paid today in itself is not a violation, however if they do not sue, *THEN* it is a violation. (Threatening an action which can not be taken, or which they know will not be taken.) I really hope they saved the returned envelope. They will need it when you sue them. (Especially if they try to deny you your validation rights.) Send them a validation letter immediately. That phone call was your first contact, and was also illegal for another reason... Also in your validation letter, add a sentence asking that all communications be in writing to the address above. It is illegal for them to contact you via any method which you must pay for. Even your cell phone's included minutes are paid by you as a part of your base rate plan. Here is the big *UNLESS* clause; did your cell phone display *DADS COLLECTIONS* when they called? If it displayed something which indicated that it was a collection agency, then they did not violate that clause of the FDCPA, but if the type of call was not disclosed prior to your answering the call, then it was a violation. So you'll want to save this months cell phone bill, as evidence...
What they did tom you is known as teh "good cop-bad cop" routine. Also, I suggest you go to www.artofcredit.com and in teh Essentials section read my posts in Aggressive Credit repair on Understanding Collection Agencies and Understanding Junk Debt Buyers. Both thos ethreads are bried somewhere here in CN if you search for them - they will give you a lot of insight. Collectors are rated at the end of monthg, so her pressing for money at the end of the month is typical. BUT.... their first letter to you was returned and they know it, so they also know that you have not been given your mini-miranda warning. You don't mention in your post whether this collector did give you the complete mini-miranda. If not, I would immediately send this CA a DV letter, a limited Cease-Comm letter demaning all further communication be in writing and an ITS letter for violation of FDCPA regarding the mini-miranda. You can combine the first two (the DV and limited Cease-Comm) but do NOT combine them with the ITS. Also, memorialize your conversatuions with this collector and stress that the mini-miranda was not given to you if that is the case.
<< 1*Are they allowed try and collect for a debt on the same day that it will be turned in for legal action WITHOUT PRIOR NOTICE? 2*"A credit company can not refuse a payment or else you must not owe them anything. 3*." If that is the case, because they refused to take my offer, would that be something I can use at some point? 4*Is there something fishy with this business of trying to keep the manager from knowing what is going on with my payments??? 5*do I have time to get the money together? 6*I just need to be able to pay it in a way where it wont kill me to do so. S.K. ================ 1*Yes 2*False 3*No 4*Only that they are pilling your leg. 5*plenty but why do that when they haven't validated the debt? 6*If you do things their way it will kill you in more ways than one ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Never read the fine print. There ain't no way you're going to like it. >> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Never read the fine print. There ain't no way you're going to like it.
<< 1*Are they allowed try and collect for a debt on the same day that it will be turned in for legal action WITHOUT PRIOR NOTICE? 2*"A credit company can not refuse a payment or else you must not owe them anything. 3*." If that is the case, because they refused to take my offer, would that be something I can use at some point? 4*Is there something fishy with this business of trying to keep the manager from knowing what is going on with my payments??? 5*do I have time to get the money together? 6*I just need to be able to pay it in a way where it wont kill me to do so. S.K. ================ 1*Yes 2*False 3*No 4*Only that they are pilling your leg. 5*plenty but why do that when they haven't validated the debt? 6*If you do things their way it will kill you in more ways than one ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Never read the fine print. There ain't no way you're going to like it. >> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Never read the fine print. There ain't no way you're going to like it.
On question #5 I asked: 5*do I have time to get the money together? And lbrown59 answered: 5*plenty but why do that when they haven't validated the debt? What does this mean? How do we know that they didn't validate the debt, or how would I check if they did? -------------------------------------------------------- Another question: Is there a way to have them stop calling me at the work phone number? I am in customer service, and it looks bad if I am dealing with a creditor on the phone and trying to help a customer in front of me. Thanks again for all the help!
What does this mean? How do we know that they didn't validate the debt, or how would I check if they did? Is there a way to have them stop calling me at the work phone number? =============== sk1 It means they haven't sent you accurate and complete proof in writhing that you owe it. Send them a letter CRRR telling the not to call you at wotk. Any calls after that are worth a $1000 each to you. Do not get on the phone ever again with them it's their weapon not yours. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Never read the fine print. There ain't no way you're going to like it.
Re: Re: Collection Practices: Is This Legal I'm sorry for not knowing, but what is a CRRR letter how should I word it? Is there an example somewhere? Just for future reference, how do I search for a term? is there a glossary of terms, so that I dont have to waist post space in asking the basics?
Re: Re: Re: Collection Practices: Is This Legal INTRO: Creditnet Glossary richard612 134 23384 05.31.2004 @ 23:13 found at the top of the page of threads
Re: Re: Re: Collection Practices: Is This Legal CMRRR stands for certified mail return reciept. when you write a letter to a CA (collection Agency) or OC ( original creditor ) even the CRA (credit reporting agency) you should send a letter using this method to protect yourself. A good practice is to use the tracking number on the postal certificate and put it on your actual letter this proves that your letter is what was actually sent by CM and not something else. if you need help writing letters see the sign on page of the forum there are sample letters if you get stuck just ask and someone here will help
Re: Re: Re: Collection Practices: Is This Legal Ok. I have sent the letters of validation and cease and desist to the CA, Do I need to send them to anyone else? Also, as a side note, Some attoneys called my phone. I was away and didn't answer. They did not leave a message, but when I called back, I figured out who they were. I am assuming that they are from this same CA. They called my cell phone at 11:17am today (8-june-04). Does this qualify for first contact? What should I do? Send them the cease and desist and the validation too? Thanks for all the help, Son R. Koral PS. I sent the letters via CRRR as suggested with the cert number on the letter itself. I kept the receipts and stapled them to a copy of the letters and filed them. Does their 30 days start now or when they actually receive the letters?
Re: Re: Re: Re: Collection Practices: Is This Legal Why did you Send them a C&D? *****From the date that's on the green card that you get back.
Re: Re: Re: Re: Collection Practices: Is This Legal I thought that the C&D was to get the CA or Att'y from calling me at work.... Did I get it wrong?
Re: Re: Re: Re: Re: Collection Practices: Is This Legal 1*Not if you didn't tell them to stop all contact.
Re: Re: Re: Re: Re: Collection Practices: Is This Legal Hmmm... I'm confused... The Letter I sent them is as follows: -------------------------------------------------------------- SK1 My Address My City ST Zip name of CA Address City, ST Zip 8.June.2004 Certified Mail Tracking# xxxx xxxx xxxx xxxx 3359 RE:Credit Agency's Account # xxxxx47/St. whoever's Hospital Dear Sir/Madame: In accordance with my rights under the Fair Debt Collection Practices Act, please take notice that this is my formal request for your office to cease communication with my by phone and/or by mail. Should your office find it necessary to communicate with me regarding any activity on this account, please do so in writing at the address above. Sincerely, SK1 ----------------------------------------------------------- So then, which letter should I send them? Son
1*I have received communication from a collection agency who is trying to collect a debt from last year for some unpaid hospital bills. 2**They called on Friday of last week (5-28-04) while I was working, and wanted me to pay the debt immediately. I told them that I could not pay for it all at once so the collector offered to split it into 3 months. (I owe $1900). I told her that I could not even afford that as my current bills and child support do not allow for such an expense. 3*** I made the counter offer of $50 a week until paid off in full but she turned my offer down saying that because it was the last business day of the month 4*She declined again, and said that if she had 3 post dated checks, she could "slip it by" her manager 5*. At that moment, I lost my cell phone signal, and the call dropped. sk1 *=`*=*=*=*=*==**==**===***====****=====***** 1*Did you have Ins. Did they pay anything? 2*Did you ask them for validation in writing? 3*Why offer anything on a claim they haven't proven? 4*Do not ever pay a CA with a personal check or give them your bank info. . 5*Good,now don't pick it up again. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Never read the fine print. There ain't no way you're going to like it.
Re: Collection Practices: Is This L I've heard this here before. Is there any place that we are referring to for this info? Sure, it makes common sense but is this something that we can quote as gospel? What if the CA leaves a voicemail on a cell phone, and it costs minutes to collect the message?? Cell voicemail isn't free either. How do they get cell numbers anyway, unless we give them? (Rhetorical question). I like the written contact best of all. I have used that in the past quite successfully. And DEFINATELY let them know not to call at work. If you work independently, then it's not "at work" but "while working" so either way -- no calls. Letters only.
-------------------------------------------------------------------- Now the question is do I send the OC a validation letter too? Is there anything I should do in terms of Equifax, Transunion or TRW at this time? What should I do while waiting for the 30 days to end? Thanks, SK1
Click here: CREDITNET | Straight Talk | | Collection Practices: Is This Legal B*U*M* P* NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 -> Never read the fine print. There ain't no way you're going to like it.
