Author Topic: Dealing with a Collection Agency  (Read 40359 times)

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Avery

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Re: Dealing with a Collection Agency
« Reply #15 on: March 31, 2006 10:33:12 PM »
Hey FlyingIFR,

I guess what I was always asking in my previous posts was, what was the nature of your dispute with the OC?  You stated that it was important to get some sort of dispute on record.  I just noticed by re-reading your original post that you were disputing the OC under the provisions of the UCC:

"Civil law pertains to any damages I may sustain and the Uniform Commercial Code is the basis of my dispute with the OC, which I will impute to any Agent of the OC Under the Law of Agency (the Agent is imputed to have all the knowledge of the Principal, and the Principal shares liability for the actions of the Agent)."

So, it appears your dispute with the OC involves the UCC.  May I ask what it is within the UCC that forms the basis of your dispute with the OC?  It is most interesting, as I always assumed that disputing an account in good standing with an OC fell under the provisions of TILA and/or FCBA as well as certain FCRA provisions.

Thanks!

Flyingifr

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Re: Dealing with a Collection Agency
« Reply #16 on: March 31, 2006 11:31:28 PM »
Avery - the basis of the dispute with the OC varies from OC to OC. For example, here are several I've had in the recent past:

1. Dispute with the Phone Company over some charges. They referred it to TWOP CA's who both violated and BOTH paid me $1000. The debt is $400 or so.

2. Dispute with a hospital over their contractual obligation to write down the debt pursuant to their agreement with my Insurance Company. So far ONE CA and a suit is forthcoming in the next week.

3. Dispute with a cell phone company - their footprint changed and my home wasn't even in the shoe any more. They hit me with a  cancellation fee. No CA's yet but I'm waiting.....

The important thing is to have a dispute on file with the OC before the CA gets the case. That leaves the CA in a very weak position.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

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Avery

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Re: Dealing with a Collection Agency
« Reply #17 on: April 01, 2006 12:43:29 AM »
Thanks Flyingir,

I take it you don't actually inform the CA's what the dispute was about, only that there was a dispute with the OC what was unresolved? 

Flyingifr

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Re: Dealing with a Collection Agency
« Reply #18 on: April 01, 2006 03:31:56 PM »
Thanks Flyingir,

I take it you don't actually inform the CA's what the dispute was about, only that there was a dispute with the OC what was unresolved? 

Exactly - but I do tell them that they are welcome to put themselves in the middle of it - but getting OUT will be a lot harder than getting IN.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Avery

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Re: Dealing with a Collection Agency
« Reply #19 on: April 05, 2006 11:05:28 PM »
Avery - the basis of the dispute with the OC varies from OC to OC. For example, here are several I've had in the recent past:

1. Dispute with the Phone Company over some charges. They referred it to TWOP CA's who both violated and BOTH paid me $1000. The debt is $400 or so.

2. Dispute with a hospital over their contractual obligation to write down the debt pursuant to their agreement with my Insurance Company. So far ONE CA and a suit is forthcoming in the next week.

3. Dispute with a cell phone company - their footprint changed and my home wasn't even in the shoe any more. They hit me with a  cancellation fee. No CA's yet but I'm waiting.....

The important thing is to have a dispute on file with the OC before the CA gets the case. That leaves the CA in a very weak position.

I just got to reading this post again, and had a question for you.  So in the case #1 above, you only had a dispute over some of the charges which were never resolved either to your satisfaction or theirs, so I take it they disconnected your service and sent your account to a collection agency and they tried to collect on the full balance they say was due (i.e., including any remaining undisputed balance plus the disputed charges that weren't resolved)?

#2 above looks like it was a contract dispute, was it due to them not itemizing the debt including what the insurance covered?

#3 above due to poor service on their part and thus a breach of duty to perform.

Also, you mentioned the law of agency.  Is it this law that dictates that the dispute follows the debt, no matter who it was assigned to, sold to, purchased by, etc, no matter how many times it has changed hands, and that all the information concerning the account including any disputes should be included with the "debt package" that is assigned to, sold to, purchased by, passed around, etc. a debt collector?
« Last Edit: April 05, 2006 11:11:53 PM by Avery »

Rottweiler

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Re: Dealing with a Collection Agency
« Reply #20 on: April 06, 2006 03:43:29 AM »
No, the "law of agency" refers to the fact that the principal is responsible for what the underlings do.  In the case of a CA, the bosses--and the agency--is responsible for what the collectors do.  And, in turn, the OC is responsible for what their employees--and someone they hire to work for them, such as a CA--do.

In other words, this means that the "bigwigs" cannot escape liabililty for any wrongdoing by blaming it on the worker bees.
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HeadsUp

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Re: Dealing with a Collection Agency
« Reply #21 on: July 22, 2006 07:04:55 PM »
Avery - the basis of the dispute with the OC varies from OC to OC. For example, here are several I've had in the recent past:

1. Dispute with the Phone Company over some charges. They referred it to TWOP CA's who both violated and BOTH paid me $1000. The debt is $400 or so.

2. Dispute with a hospital over their contractual obligation to write down the debt pursuant to their agreement with my Insurance Company. So far ONE CA and a suit is forthcoming in the next week.

3. Dispute with a cell phone company - their footprint changed and my home wasn't even in the shoe any more. They hit me with a  cancellation fee. No CA's yet but I'm waiting.....

The important thing is to have a dispute on file with the OC before the CA gets the case. That leaves the CA in a very weak position.

I wish I had read this thread earlier, so I could have sent DV letters to the OC before charge off.
Finally a collector admits it...

"The reality is that there are people who can't pay and the job of an agency in my opinion is to separate those who can and those who cant and to not waste resources and efforts on those who cant." -- Dr. Evil.

All this nonsense about aggressive judgment enforcement against someone with no assets is just that-- utter nonsense.

http://www.debtorboards.com/index.php?topic=13309.msg100303#msg100303

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Re: Dealing with a Collection Agency
« Reply #22 on: July 22, 2006 11:52:13 PM »
Actually, a dispute with an OC is a very different animal than the debt validation process with a third party CA.

With an OC, you really DO have to come up with a valid reason for the dispute, and be prepared to document it.  This is not required for a validation demand to a third-party CA under the FDCPA, despite what Derek seems to think.  Therefore, Flying's tactic is not appropriate in every case.  (No, lousy customer service from the reps. way down the line at the OC or working for the OC probably would not qualify as a legitimate dispute for this purpose.)

jdav79

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Re: Dealing with a Collection Agency
« Reply #23 on: August 13, 2006 09:48:58 PM »
I don't know, this is just a thought, but why would someone decide to dispute a debt they know is valid just because it is going to go on their credit report? That to me seems like a blatant lie, doesn't seem right to me! Why not just own up to the responsibility of the debt and pay it? Don't get me wrong if there is a legitimate dispute then treat it as such, but if you are only disputing the debt because of your failure to pay the account as agreed in the first place, is that not immoral? (immoral - adj 1: violating principles of right and wrong 2: not adhering to ethical or moral principles)

If you sign a contract and fail to meet that contract, then should you not have to face the consequences of bad credit, or having the account charged off? Oh wait, what am I saying, we are in a time and age when no one has any morals, ethics, or ability to accept the consequences for their actions.

ghost

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Re: Dealing with a Collection Agency
« Reply #24 on: August 13, 2006 11:03:45 PM »
Maybe because I don't want my credit report ruined or because I want to set a CA up for a fall if they are stupid enough to break the law.

It is as much of a lie as reporting my credit limit as 0 when it really isn't.

Why pay a collector when they can pay me, besides, if they can report it, they should be able to prove it, right?

How about following the law as a guiding principle in life?
Lets do this

jdav79

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Re: Dealing with a Collection Agency
« Reply #25 on: August 14, 2006 01:37:54 AM »
Why pay a collector when they can pay me? Why pay a speeding ticket when, you can try to weasel your way out of it! Why pay a retailer for merchandise, when you can just steal it! Why pay your car loan, when you can just hide the car! Why ask your parents/friends/relatives for anything, when you can just take it!

As a consumer I know that the collection industry returns 40 BILLION to the creditors each year. This means lower interest rates, better service, and most of all money rightfully returned!

I may not agree with tactics used by some individuals in the collection industry, retailers, or Original Creditors, but I do know that the key word is individuals. Not every debt collector is a jerk, the same as not all lawyers are snakes, nor all cops crooked. Just because a few people in the collection industry are shady, rude, and nasty does not mean that they all are!

But hey, if you are the type of person that wants everything free, and expects that everyone should just give you what you want when you want it by all means go for it.

DefLepGirl

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Re: Dealing with a Collection Agency
« Reply #26 on: August 14, 2006 01:45:25 AM »
Jdav...

It's NOT about getting things for FREE...

It's about



              CA's and JDB's NOT BREAKING THE LAW
« Last Edit: August 14, 2006 01:48:53 AM by DefLepGirl »
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jdav79

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Re: Dealing with a Collection Agency
« Reply #27 on: August 14, 2006 02:08:50 AM »
Let's see, in most cases the account would have to be delinquent by 6 months or so before it is turned over to a collection agency, sometimes longer. So why is it that people do not pay their accounts on time they want to wine about poor them. No one treats me fairly, no one is nice to me, no one will cut me a break! The real winners in this world make their fate, they do their jobs, and they do not try to get things for free! They earn them!

DefLepGirl

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Re: Dealing with a Collection Agency
« Reply #28 on: August 14, 2006 02:19:14 AM »

Quote
Let's see, in most cases the account would have to be delinquent by 6 months or so before it is turned over to a collection agency, sometimes longer.


So then you should have NO problem validating correct?  :)

Quote
So why is it that people do not pay their accounts on time they want to wine about poor them.


I dunno anyone that "Wine's" about them..... I do know people that WHINE tho ;)  Hey before you *yap* I'm the official DB spelling error queen... I just found that "funny" ;)      Now to answer your question.... Why is it that people do not pay their accounts?   O I dunno sometimes LIFE happens and food and shelter are just a lil bit more important than a CC bill.....     There's HUNDREDS of reasons for being late, and or having bad credit..    It does NOT make that person a "bad" person... It makes them HUMAN.... 


Quote
No one treats me fairly, no one is nice to me, no one will cut me a break! The real winners in this world make their fate, they do their jobs, and they do not try to get things for free! They earn them!

Sweetie Pie u obviously have NO clue...   I've EARNED everything that I have........ and if YOU or one of your "Buddies" are going to TRY to take one DIME away from ME.... U better be able to VALIDATE and follow the law.....    Otherwise you'll be paying for my next Vuitton  .......   ;)   Now why not head over to CI where you will have people AGREE with you..... 
~I'm not an attorney (nor) do I play one on the internet.. Take everything I *write* as just my personal opinion and experience~

I love quoting Fleppie / Deflepgirl -  E. Normis  (Ok he actually didn't say it but actions speak louder than words..... or in this case words speak louder oooh whatever he loves it!-

jdav79

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Re: Dealing with a Collection Agency
« Reply #29 on: August 14, 2006 02:44:09 AM »
Validation of a debt, no problem. Validation of a debt because all you want is more time to stall, or to find a loop hole out of paying the debt, !

Look at some of the prior posts, people talking about having the CA validate a claim just so they can have it disputed on their credit report, or so they can stall until the statute of limitations runs out! What is that, a way out of paying a legal debt!

People who truly need validation of the debt, deserve to get it. The people who have had a C/C for several years and just because they do not want it hurting their credit report when they stop paying should not be allowed to twist and abuse the law.

When something happens in your life that is difficult, what makes you who you are is how you handle it.

Your right, it does make them "Human", but when the line is crossed into, lying cheating, and exploiting the laws to get out of a debt, it makes them an ANIMAL!

 

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