legal question

[shocksyde]

1. Send certified letter w/ return receipt stating you wish to only be contacted by mail
2. Since you do intend to pay the collection: Send another Certified letter w/ return receipt stating you will pay the debt ONLY if they agree to have it deleted from all 3 credit reporting agencies. Have them sign the statement so you have proof they agreed.

This way, you pay your debt and don't get your credit screwed in the process.

For all who are claiming the people at creditboards are scumbags: SHUT YOUR FACE. Yes, people are getting out of debts that they truly owe, but they are penalizing the super-scumbag collection agencies that do not follow the law. Unless, of course, you don't mind people breaking laws.

 

[Steve]

You mean only by mail?

 

[funboy6942]

This call may be recorded, and used in a court of law, if you stay on the line, continue to speak, and hold a conversation, you agree to be recorded, hello this is XXXX.

What I did, strange enough, bill collectors stopped calling, and if it is one of the recording calls, when they pick up you throw that in there as soon as they get on the phone. Thing is, once you say that, and they stay on the line and speak, they give you the right to record the call even if they speak and say no, because you said if they stay on the line, speak, and hold a conversation, so as soon as they do any of it, they give you the right even if they say no. And for good measure if they say no, dont say anything but repete the message slowly and clearly once more, and again if they stay on the line and still say no, it doesnt matter, you can continue, tell them it being recorded, if they dont like it to hang up or proceed with what they have to say.

If they can do it, so can you, you have the option to call and stay on the line, be recorded and talk to an operator, or not and get no where with your problem. Same for them.

 

[shocksyde]

Originally posted by: sm8000
You mean only by mail?

yep, edited. thanks.

 

[Double Trouble]

Originally posted by: mugs
Knowing your rights under the law is great and all, but if you paid what you owe you wouldn't have to deal with debt collectors at all.

BUZZZZZZ WRONG answer, thank you for playing. I got sued by a debt collector for a debt I had nothing to do with. That's why I'm very familiar with how these processes work. I successfully defended myself in court, but for most people not familiar with the process that's not an option, and hiring an attorney to defend themselves cost more than to settle, so many (if not most) simply pay or end up with a default judgement entered against them.

Also, you seem to have a hard time seeing a difference between a moral obligation to pay something versus a legal one. If you are not legally obligated to pay something, you can tell them to take a hike. If you feel morally inclined to pay, you should contact the original creditor (not the collection company), and pay them what you feel is owed. Still, in no way does it make sense not to know your rights and use your legal rights. They are there for a reason.

 

[Double Trouble]

Originally posted by: shocksyde
2. Since you do intend to pay the collection: Send another Certified letter w/ return receipt stating you will pay the debt ONLY if they agree to have it deleted from all 3 credit reporting agencies. Have them sign the statement so you have proof they agreed.

I'd be very careful with number 2 there as well -- by stating that you'll pay, you are affirming the debt and re-starting the clock ticking on the statute of limitations. Also, in some states, even if you make a deal with some collector to pay something and have it be done, there's nothing stopping them from turning around and selling the debt to another collector to go after you again for the remainder of the same debt. Ohio is one of those. You have to be really careful how you handle this stuff, or you can get burned.

In most cases, your best option is to go back to the original creditor and pay the debt to them. Tell the collection company to get lost. Even though the collection companies will tell you that you can't do it, most of the time you can. In the cases where you can't, make sure you know the rules these guys have to play by and protect your rights. If they violate the rules, punish them and sue them in small claims court.

 

[rikadik]

Originally posted by: funboy42
This call may be recorded, and used in a court of law, if you stay on the line, continue to speak, and hold a conversation, you agree to be recorded, hello this is XXXX.

What I did, strange enough, bill collectors stopped calling, and if it is one of the recording calls, when they pick up you throw that in there as soon as they get on the phone. Thing is, once you say that, and they stay on the line and speak, they give you the right to record the call even if they speak and say no, because you said if they stay on the line, speak, and hold a conversation, so as soon as they do any of it, they give you the right even if they say no. And for good measure if they say no, dont say anything but repete the message slowly and clearly once more, and again if they stay on the line and still say no, it doesnt matter, you can continue, tell them it being recorded, if they dont like it to hang up or proceed with what they have to say.

If they can do it, so can you, you have the option to call and stay on the line, be recorded and talk to an operator, or not and get no where with your problem. Same for them.

So what you're saying is, even if someone expressly states that they do not consent to the call being recorded, a court would consider that that person has given consent? Are you sure about this? It seems extremely dubious to me.

 

[DrPizza]

They say,
"this phone call may be recorded for ..."
NOT,
"we may be recording this phone call..."

I've always thought that they were implicitly giving me permission to record the phone call, and specifically for "quality control" purposes - i.e. if I have a problem with the quality of the person on the other end, I can complain and use the phone call as evidence that they were rude, or whatever.

 

[mugs]

Originally posted by: TechBoyJK
im actually attempting to pay back $11,000 of a $12,500 debt. But they originally said $10,000 would be ok, then when I said get me the paperwork, it turned into $10,500, then $11,000, then $11,500... they keep twisting things and trying to get me to pay over the phone.

:thumbsup:

Originally posted by: tagej
BUZZZZZZ WRONG answer, thank you for playing. I got sued by a debt collector for a debt I had nothing to do with.

Re-read my post in this thread. I specifically covered that possibility.

Also, you seem to have a hard time seeing a difference between a moral obligation to pay something versus a legal one. If you are not legally obligated to pay something, you can tell them to take a hike. If you feel morally inclined to pay, you should contact the original creditor (not the collection company), and pay them what you feel is owed. Still, in no way does it make sense not to know your rights and use your legal rights. They are there for a reason.

I don't have a hard time seeing the difference. I understand the difference between a moral obligation and a legal obligation. The difference between me and the people at creditboards.com (and many other people, including you based on the bolded portion of your first reply to me) is that I consider a moral obligation to be just as strong as a legal obligation. It doesn't matter to me if there are no legal repercussions and could get away with not paying.

Why pay the original creditor? The collection agency paid them for your debt, so they own it. Yeah, collection agencies are about as popular as car salesmen, but they wouldn't have to use the tactics that they use if people weren't so reluctant to pay what they owe.

 

[IntrinsicValue]

I believe it depends on the state. In some, only one person needs to know they are being recorded. In others, both parties must know the conversation is being recorded.

 

[PokerGuy]

Interesting thread. Anyone who doesn't use their legal rights under the law to the fullest extent possible is stupid. The laws are the rules of the game -- you use the rules to win. If you want to pay a debt even though you don't have to, fine, make a charitable contribution.

 

[3chordcharlie]

Originally posted by: mugs
Why pay the original creditor? The collection agency paid them for your debt, so they own it. Yeah, collection agencies are about as popular as car salesmen, but they wouldn't have to use the tactics that they use if people weren't so reluctant to pay what they owe.

By the time a collection agency 'owns' the debt, it's probably 'bad' anyway. Lots of collection agencies buy bad debt at pennies on the dollar, hoping to scare a few people into paying.

Now, I'm all for paying your debts, but if someone has bought your debt as a speculator, fvck'em, if you feel bad about the debt (and you should, if it's legitimate) go pay whoever you owe the money to, whether you're legally required to or not.

 

[PokerGuy]

Originally posted by: 3chordcharlie

Originally posted by: mugs
Why pay the original creditor? The collection agency paid them for your debt, so they own it. Yeah, collection agencies are about as popular as car salesmen, but they wouldn't have to use the tactics that they use if people weren't so reluctant to pay what they owe.

By the time a collection agency 'owns' the debt, it's probably 'bad' anyway. Lots of collection agencies buy bad debt at pennies on the dollar, hoping to scare a few people into paying.

Now, I'm all for paying your debts, but if someone has bought your debt as a speculator, fvck'em, if you feel bad about the debt (and you should, if it's legitimate) go pay whoever you owe the money to, whether you're legally required to or not.

Yep, the original creditor got a few pennies on the dollar. If you feel guilty about owing something, pay the original creditor, not the scum collectors.