Posts Tagged ‘debt collection services’

When A Debt Collector Is On The Phone, A Methodical Approach Is Best

Friday, July 16th, 2010

If a collections agent is on the line, your immediate reaction might be to ignore the phone calls. Seems easier to do things that way right? But if you owe debt to a creditor, collection agencies are allowed to contact credit bureaus and report the debt, file lawsuits against you, and should be taken very seriously. Rather than ignore the phone calls, take them head on with a methodical approach. Your first step is to determine why you are being called. Find out where the debt comes from and exactly how much you owe.

While you have your debt collector on the line, request their name, the title of the agency, the title of the creditor, the agency’s address, and their fax number. Keep in mind that you have the right to tell a debt collector that you want all future contact to be in writing over the phone, but follow up all requests you make with a written request.

One crucial thing to bear in mind is that if you request that the collection agent doesn’t contact you at all, the debt collection agency has the authority to call you one more time to inform you how it plans to take further action. If you have issues with personal privacy, you can also ask that you be the only person who can be contacted. A good idea is to start a file with details and dates of phone conversations and records of when you mail out letters.

If you do mail any letters or checks to the debt collection company do this by Certified Mail, Return Receipt Requested. This way you will be certain that the letter reached the collector because you will receive a signed receipt as proof. If you are able to negotiate a re-payment plan over the phone, request the terms of the plan be sent to you in writing. Any offer that a debt collector makes to remove or adjust credit history should also be documented.

Be certain that you are paying the right people. Payments are typically made to the debt collection company, not the creditor, unless you are otherwise told to do so. Look over the amount that they are asking you to pay carefully, and get an assessment of any interest, fees or charges that have been tacked on. By taking this methodical approach, you will feel more empowered and ready to tackle your financial issues.

Mallory Megan works for Rapid Recovery Solution and writes articles on national collection agencies. Unique version for reprint here: When A Debt Collector Is On The Phone, A Methodical Approach Is Best.

The Fair Debt Collection Practices Act: Things Your Business Needs To Know

Thursday, January 28th, 2010

The Fair Debt Collection Practices Act was brought into being to address problems relating to harassing and threatening behavior by some debt collectors. Collection agencies do, however, benefit from this legislation. By acting in a professional manner when attempting to collect debts, collection agencies can avoid possible penalties.

Those that are in the business of extending credit have a reasonable expectation of being paid back. Whether a product is delivered with the agreement to pay upon receipt or an individual is issued tens of thousands of dollars in unsecured credit card cash advances, the lender is entitled to being paid back.

Clearly, there are instances when the lender is not receiving the payments they are due. There can be several reasons for this. Sometimes, the borrower may be experiencing financial difficulties and needs more time to pay their debt. However, at other times, they may simply be irresponsible about paying their debt and they default. Whatever the reason, the lender is fully within their rights to seek and expect payment.

This is where collections agencies come into play. Their goal is to acquire the payment due their clients. However, they may not take a Wild West style approach and do anything they wish to do in order to recoup a debt. This is where the Fair Debt Collection Practices Act comes into play.

The Fair Debt Collection Practices Act was enacted in 1978. There have been added amendments and modifications to the Act that have altered it in some ways. For example, a new clause to The Fair Debt Collection Practices Act states that a debtor in collections can request the collection agency to cease further contact with him/her, and the collections rep must comply with this request.

However, it should be noted that this does not prevent the collection agency from continuing to pursue a valid debt. Collection agencies are still within their rights to let the debtor know of their intention to pursue the debt by other legal means, through an attorney.

This can only happen if the debtor makes this request in writing. If communication has stopped due to the collection agency’s inability to reach the debtor, then it is legal to contact third parties in a non-threatening, nor harassing manner. Also, the collections rep cannot disclose the nature of the call, so that it doesn’t violate the debtor’s privacy rights. The rep can only ascertain the whereabouts of the debtor from the third party. While these rules can appear skewed in favor of the debtor, they’re also designed to steer the collection agency clear of potential trouble and from engaging in unprofessional conduct.

As these laws and regulations clearly demonstrate, the aim of The Fair Debt Collection Practices Act is to curtail the abusive and unprofessional behavior on the part of some collection agencies. This behavior undermines the credibility and reputation of the business. It also makes it difficult to collect revenues. After all, no one wants to deal with rude, abusive collection agencies.

Collection agencies that violate The Fair Debt Collection Practices Act can be penalized in a number of ways, to include legal actions, and up to a revocation of their license. Commonly, fines can be levied against the offending agency. Of course, they are within their rights to appeal these fines.

The Fair Debt Collection Practices Act is both lengthy, and can be somewhat complex. Thankfully, it is posted in its entirety on the Federal Trade Commission’s website.

David P. Montana has been a published writer, lecturer and business consultant in commercial collection agencies services for three decades. He offers additional resources in regards to The Fair Debt Collection Practices Act.