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Discussion in 'Credit Talk' started by star103072, Aug 23, 2003.
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The advice I can give is dont waste your breath with those Collection Agencies, and only deal with the original creditor. If the collection agency calls you again tell them that you will only discuss this with the original creditor and hang up. Call Sears and try to deal with them on this situation. They are the original Creditor and they are the ones that put it in the collection agencies' hand so they are the people to deal with on this.
I already heard something similar to this and Sears took back the acct from Collection Agency and dealt with the customer and made arrangements without the Collection Agency involved.
Star...you don't have to take harassment from a CA.
1) Send a Cease and Desist letter preventing the CA from calling you by CRRR mail-After the CA receives this, THEY ARE NOT ALLOWED TO CALL anymore.
2) If you provided the OC with your correct billing addy, and they erroneously billed you at an incorrect addy, then they MESSED UP! As Butch points out, know your Fair Credit Billing Act. Here is a quick link to review it: http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm
3) If the OC didn't bill you properly, they should waive collection/penalty charges and DELETE the late notations reported to the CRA' and be willing to work out PAYMENT arrangements.
Not to mention the umpteen FDCPA violations this CA has already committed in their phone conversations to you. Send out a validation with a Cease and Desist from phone communication.
Is this RMA?
What you are doing wrong is talking to them on the phone when you should be sending them a validation letter instead.
Until you send them the letter and follow the VALIDATION PROCESS YOU CAN EXPECT MORE OF THE SAME HARASSMENT FROM THE CA
THE END ** *** ** LB 59
The advice I can give is don't waste your breath with those Collection Agencies, and only deal with the original creditor.
Some drawbacks to this advice:
1*Can't be done if CA owns the debt.
2*Have less consumer protection when dealing with an OC than you have when dealing with A CA.
3* Most likely it will cost you more money to deal with OC than CA.
THE END ** *** ** LB 59
It helps to have a lot of documentation too. Who did you talk to at Sears originally? What date was it? Keep track of these things. I usually just jot them down on my bills. IF YOU ARE NOT DOING THIS STARTING NOW, the bills aren't the problem and your organization would be to blame. You cannot control the world, but you can start today on the path of taking control.
One big thing that you should start doing now and for all time is, DO EVERYTHING IN WRITING. If you do happen to make a call, take notes, then write a letter BACK them stating, "based on our conversation today, this was what was said". Unless they correct you, in writing, you can basically have a nice big paper trail.
This goes for your ex husband too. Everything must be in writing. What I do where a lot of people are saying "you must do CRRR" (certified return receipt requested) is do a regular stamped envelope (first class) and at the same time, do a CRRR. That way, if the person is smart and doesn't sign for the envelope, you at least have proof that you put in the mail on a certain date. You would put, above the person's address: "Sent via first class mail and certified, return receipt requested." Even there is no "proof" where they don't sign, you will have the quantum of evidence to support you. You will seem believable and you will seem that you know what you are talking about.
There was a situation once where a credit card person accused me of lying about my phone number. It just so happened that I had 2 accounts with that credit card and one was correct and one wasn't. I totally felt that was their burden, they should have updated BOTH accounts. Boy, did that steam me up. The dude couldn't explain why one account was accurate and the other wasn't. I took notes from that call and believe me, I will use them when I dispute that they were negligent in causing me harm to my reputation.
thank you so much for the advice. i finally got a letter from the rude ppl and the company is pioneer credit recovery. they wont take payments of any kind they want the whole amount. so i guess they will be trying to get in touch with me for a loooong time lol.