harassment from collection agency...

[-stew-]

I have an outstanding debt. Go ahead call me a bum. From about five years ago. The original company sold the debt to a collection agency and I (like a bum) ignored the letters because I was in no position to pay it. the letters stopped. now I'm in a possition to pay it, and have been waiting for a letter.

got a phone call about it last week as I'm walking out the door for work. I talk to the guy and say I wanna pay it. he's talkin real fast and rude. threatening litigation. he tells me to get out my checkbook and give him my account information to make the payment. I tell him I'm not giving him that and that I will pay with a money order. he responds "you don't get to call the shots! good luck!" and hung up.

today I got a phone call, this time a woman claiming to be from the legal department. same shit. rude, loud, starts yelling at me when I try and talk. this crazy bitch is asking to talk to the HR people at my job to take the debt out of my check. again I ask for something in writing before I pay it she threatens a court case addinf court costs and lawyer fees to the debt. she says she will fax me a letter but will conduct no business by mail. she ended the call by telling me to go hire a lawyer.

I really do wanna pay this. I wanna fix my credit and buy a house in the next year or two. these people won't let me pay it with out garnishing my check or giving them my checking account information. I'm smarter than that. I want something in writing that my credit report will reflect this debt has been paid when I do pay it.


Anyone have any advice to offer? I want to pay this but I want to ensure I don't open myself up to get scammed in doing so.

[pOrk]

Write a check or offer to pay via credit card :) Or next time they call, ask to speak with a supervisor and tell them your situation

[DirtyMax]

Once you get the fax, then I'd say it was OK to pay the bill. I'd try to pay it via CC to give yourself as much paper trail as possible. Then demand a letter saying the debt is paid in full and proactively write the "Big 3" to get the judgement changed to "Satisfied".

Those people can be brutal hey? One of our Acconting people is a former collection and when he's contacting me about an outstanding invoice with one of my accounts, he starts to get all collections agent on me. I have to remind him that we're on the same team here. I think it's just in their nature. I don't know about you but the way I'm wired, that type of stunt would make me want to deal with them less.....

[WhatsADSM]

This is crazy.. another one of those incidents where I JUST researched this stuff and then it shows up on a forum.

I had a recent run in with a collections issue. I had absolutely spotless credit, and went to refianance my home, only to find I had recent collections account put on by verizon. Reason being when I ported my number over they sent me a bill after they closed my online account. Since I paid everything online they had my incorrect address, and quite literally never got contacted about any bill. The irony of it all is that it was VERIZON wireless who knew damn well what my phone number was but their collections people were too stupid to call about it?! In any case I got my situation straightened out once they realized what happened and I was able to talk to a higher up at got it removed off my credit report, and without divulging too much info it raised my score over 100 points back to where it should have been.

So while my case is a little different I did a lot of research and here is some of it that applies to your situation.

First, your debt is VERY old so almost surely what happened is that the person you originally owed debt to simply wrote it off and effectively sold the debt to an outside collections agency. In fact your debt may have traded hands more than once.

In any case realize that they have a right to collect the debt, but also that you have many rights of your own.

First off in your situation you should start by writing a letter asking that they validate your debt... This is a right of yours and it requires that the agency PROVE to you why they feel you owe them. While you may know that it is true realize that your debt is very old and because your debt has likely transfered around, many times these agencies actually lose proof of what accounts you had with the original creditor which caused you to go into debt. An example of this letter is:
http://www.creditinfocenter.com/forms/sampleletter9.shtml

When you send this letter make sure you make a copy of it for yourself send it via certified mail with delivery receipt so that you can prove you send this letter. If the agency can not validate your debt then you can actually send in another letter to the credit agencies and they will remove it from your account all together.

This post is getting long so I will start another...

[Feature Pony]

You can call the place or company that you owe the debit to and they should be able to tell you the collections company and you can call them yourself to get it straightened out, that way you can talk to a supervisor right off the bat when you call into them.

[WhatsADSM]

... Now in the case that they do verify your debt (which is also a likely possibility) also realize a few other things:

"If you established that the debt is yours and you don't feel comfortable dealing with a collector via phone, tell them you want all future correspondence in writing. You need to send this request via a certified mail and request a return receipt. If you want to allow calls only between 5pm and 6pm, tell them about it in the letter. By law collection companies are required to respect your privacy and will have to cease all phone calls to your home, relatives, neighbors, and work."

Additionally I suggest telling them that you can not talk to them while at work because your boss does not approve of those calls. IIRC they have to also respect that and then can not call you while at work.

Beyond that you simply will need to negotiate the terms of your debt with the agency. So realize that they also have the right to collect, and THEY ARE NOT FORCED to remove the collection from your credit account if they don't want. All they really have to do is mark it as "paid" which while that is better for your credit than what you have now, it isn't nearly as good as completely removed.

When you are negotiating your debt also keep in mind a few things. When this collection agency bought your debt, it's not like they paid Chase (or whoever was the originally creditor) $2000 for your debt which was worth $2000. It is very common for these debt's sales to be sold for pennies on the dollar. So they may have paid a hundred or 2 for your $2000 debt playing the odds that hopefully they can collect more than they have paid for it. So my suggestion is although you do want to make this right, don't let them know right away that you are willing to pay all or most of it down. Because once they realize that they will likely not negotiate with you at all.

At the end once you have negoitated your debt (which will likely be a percentage of what you actually owe). MAKE SURE that you have in writing what their responsibility will be once they collect the debt. I can't stress that enough. Because remember once they have collected on the debt, they don't give 2 shits about you or your credit and in almost any case they won't do anything else, unless of course they haven't done something they said they would IN WRITING.

[PB86MCSS]

I would request information in writing and let them know your happy to pay it off in full soon (if you really are) but not via garnishments. I won't call you a deadbeat if you are going to pay it off :D. Even though they sound like hacks they should be pleased to get it paid in full....did you catch the name of their company? WhatsADSM has a good point too, ask for a payoff balance in case its less than you think. If its more then hopefully you have some backup to the debt amount you acknowledge.

[u_say_go]

I went thru this about 7 years ago. Rude collection agency asshole pissed me off so bad, I went into a rage. They're not used to that, they deal with timid and scared people all the time so when they got me on the other end his tone changed dramatically.
Call the agency, ask to speak with a supervisor. Tell them you are ready to take care of the debt but you need a bill or something in writing from them. If they refuse to work with you and send you what you ask for, tell them to fuck off and hang up...guarantee they call you back. They want their money, they don't want to go to court. When you have the documents you need from them, pay with a cashier's check, make a photocopy of that check and keep it along with a copy of the statement/bill. Send it out via certified mail so you have reciept that they recieved it.

[SSDude]

Excellent advice from "WhatsADSM".

Check out the Fair Debt Collection Act (http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm)

The game they play is to irritate you to the point of giving them an account number then they have free access to your account and will clean you out.

Good luck

[sdb300zx]

No go here https://www.annualcreditreport.com/cra/index.jsp and use trans union. It will give you all the debt you have. Also will give you their number so you can pay it off. It is a legit site from the creditors. I look mine up every 4 months from each one. Equifax is a pain in the rear, you have to mail them crap, just don't go through them. If this doesnt work contact me, I will give you another option :)

Print off the report, go through it thoroughly. I have seen people have credit cards they never applied for..

Good luck :)

[SSDude]

No go here https://www.annualcreditreport.com/cra/index.jsp and use trans union. It will give you all the debt you have. Also will give you their number so you can pay it off. It is a legit site from the creditors. I look mine up every 4 months from each one. Equifax is a pain in the rear, you have to mail them crap, just don't go through them. If this doesnt work contact me, I will give you another option :)

Print off the report, go through it thoroughly. I have seen people have credit cards they never applied for..

Good luck :)

While this may be good for checking on your credit report and score Stew is asking how to deal with the collections people. The Fair Debt Collection Act (http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm) explains your rights when dealing with the Azzhole rude collections people.

[That_Guy]

Write a check or offer to pay via credit card :) Or next time they call, ask to speak with a supervisor and tell them your situation

ive done this with medical bills. if there a legit company there is no reason why they wont take a credit card payment or a debit car.

[sdb300zx]

I thought he wanted to pay it off, didn't know where to pay it at. Reasoning why I told him to go to that site, is because there is a number on there to the collectors.

[SSDude]

ive done this with medical bills. if there a legit company there is no reason why they wont take a credit card payment or a debit car.

Unless your paying them in full and have a letter from them stating the amount and conditions I would never provide them with any account numbers, CC, checking or otherwise.
The wife's kid made that mistake and it cost her dearly

[RanJer]

I thought he wanted to pay it off, didn't know where to pay it at. Reasoning why I told him to go to that site, is because there is a number on there to the collectors.

Just used it, got ahold of the place I owe money. I've moved several times and lost letters from them. Payment plan set up, all good to go, and once it's gone I'll have nothing bad on my credit :D

BTW - I was just on the phone for 7 mins with the place, as with your experience she was quite rude and unhelpful, but in the end I convinced her to send me a bill since I wasn't giving her my checking account # over the phone and told her I didn't have a credit/debit card.

[WhatsADSM]

I thought he wanted to pay it off, didn't know where to pay it at. Reasoning why I told him to go to that site, is because there is a number on there to the collectors.
Sounds to me like the OP is already in contact with the collections agency via phone. The number on the credit report will just send him talking to the same people he already is.


Unless your paying them in full and have a letter from them stating the amount and conditions I would never provide them with any account numbers, CC, checking or otherwise.
The wife's kid made that mistake and it cost her dearly

x1289371297!

To the OP:
SSDude is right.

While the collections agency will likely accept more than just your bank account (like the money order you originally wanted to pay with), make SURE you have something in writing with states your final negotiation with them, including the amount and how your account will be resolved with the credit agencies.

Remember they are trained to try to get the most money possible out of you. And they do it with psychology. They use a TON of scare tactics and make you feel as though you have no options. They will say anything that they legally can which makes you feel uncomfortable, and irritated to a point where you pay the most. Just remember you do have rights, including stopping the harassing calls and negotiating to agreeable final terms.

[sdb300zx]

But sometimes it is better if the person calls in instead of them trying to call you. Just from experience..

Also it is good for all of you to check your credit and debt :)

[SSDude]

Sounds to me like the OP is already in contact with the collections agency via phone. The number on the credit report will just send him talking to the same people he already is.



x1289371297!

To the OP:
SSDude is right.

While the collections agency will likely accept more than just your bank account (like the money order you originally wanted to pay with), make SURE you have something in writing with states your final negotiation with them, including the amount and how your account will be resolved with the credit agencies.

Remember they are trained to try to get the most money possible out of you. And they do it with psychology. They use a TON of scare tactics and make you feel as though you have no options. They will say anything that they legally can which makes you feel uncomfortable, and irritated to a point where you pay the most. Just remember you do have rights, including stopping the harassing calls and negotiating to a agreeable final terms.

They will say just about anything, legal or not. They know that most people are not aware of the Fair Debt Collections Act and they won't get reported for doing and saying things beyond whats allowed by law

[PB86MCSS]

The game they play is to irritate you to the point of giving them an account number then they have free access to your account and will clean you out.

IIRC nothing can be garnished from a bank account unless it has over $1,000 in it. Anything less is untouchable. Not that you should ever volunteer your account info.

[scottie K]

I been in the same postion at one point LOL.... the best thing you can do is.
call you credit agency Equa fax so forth find the collection agency ...

when the collection agency calls you again... let them know if they are outa place for being rude.... if they iggnor you please ask them to stop any calls.. per wisconsin law ( no call law !!! then that way they have to send any info by mail... .. if and when you recive it .. send a registerd letter with money order ( make copies) when payment has been signd for submit another set of copies to credit agencies...

if they are rude!!! and dont listen to you!! you may record them and file a lawsuit against the agency ... demanding an a checking account number is Illegal.. they can ask for a payment they can not force by belittling of a client...( you)

I know this stuff just because i been though it and had a buddy that work for a law firm that delt with this stuff.....

[lordairgtar]

Just checked mine...no negatives!

[Yooformula]

1.call all 3 credit agencies and get your annual free credit report. trans union, experian, equifax are the 3 you want to call or email for your report.

2.verify they are on listed but still dispute anything/everything on the report. They have to prove the bill is legit not you. and in some cases the old listings that should have been dropped dont but now will be.

3. after several weeks an updated credit report comes to you, then call the actual debt holder about paying. you can negotiate any amount of repayment you want, they can only say yes or no. 9 out of 10 times, they will reduce the debt for a quick payment, not as less if you have to make payments though.

4.By law, once notified they cant contact you at work anymore if it does go that far.

[TheRX7Project]

The only advice I can give, is to make sure you take care of it. I know I let mine go too long, eventually they sued me and garnished my check. Think you're "getting by" now? Wait til 20% of your paycheck is dissapeared, every week, until the full debt is paid off. It sucks. I know from experience.

Your best bet is to negotiate a payment plan for a lesser amount, or to pay off the lesser amount. Usually you can get a nice chunk off the amount if you just try and negotiate.

[sdb300zx]

Just checked mine...no negatives!


Have you ever checked it before??? Good to hear, no negatives are good :headbang

[-stew-]

Thanks to all. I've received wealth of information. I called them this afternoon, asked for the companies full name, mailing address, and the name of the person to whom I was speaking (it was the first ass hat that called me). When he asked why I needed that I told him that I needed it so my lawyer knew who to address his correspondence to. That's when the record skipped and he got real nice. "There's no need to get lawyers involved..." I told him that the woman who called me earlier ended her call to me by telling me to get a lawyer. He when on about how expensive a lawyer could be, and I told him that would be a small price to pay to make sure I was not being cheated. Then he got all snarky (it's a word. google that shit) and was like "GIMME YOUR LAWYERS NAME AND PHONE NUMBER! I calmy said I had not retained one, yet, but had a list of local financial counselors and lawyers who were familiar with debt collection law and would be contacting them Friday and he should be expecting to be contacted with in fifteen days.


I have a very good friend who is a lawyer and I will be talking with her this weekend. I will be sending them the letter out lined on the fair debt collections web site. I'm gonna ask if she can add a letter for me proving I do have legal counselor.


Thanks again to every one who offered advice.