How to respond to a collection agency?

Question

I have a CA calling me about a charged off CC debt. I sent a certified validation letter to a collection agency. I have not heard back from them. What is my next step. Do I wait on validation. If they do validate, Do I make a payment offer in writing? If it gets to this, what do you do if they refuse payment?
The man from the agency left a message on my machine and said "your either have two choices 1. you can call me back today or 2. I will turn this back over to the creditor and you can suffer the consequences. He also said that I could not file bankruptcy or work with a counseling agency because it was too late for that. With a second message he treatened to sent it to a law firm (in Georgia) and have me served with papers. My 30 days is still not up to request validation. I know they recieved the letter (I got the green slip back a couple days ago)
If anyone has ever been in this situation, please advise.

Answer 1

DO NOT lose those recordings - they are golden !!!!!!

The threats on those recordings prove that the CA had violated your rights. With those recordings you have a legal right to request payment from the CA for their violations, through an intent to sue, or to go ahead and sue them.

You should also look over your credit reports, if they are reporting, for any further violations. If they are, send a dispute "NOW" to the CRA's for the inaccurate info. If they are reporting the account as an open account, past due, claiming to be a factoring company, etc., etc., etc. (send the CRA dispute while the CA is still within the validation period)

If you sent your validation request within the first 30 days of contact and the CA had called after receiving your validation request - another violation.
If the CA had only made phone calls without sending something in writing within 5 days of the first phone call - another violation.

If the CA fails to validate properly, send a second validation request. Proper validation is not a computer print out or any paper from the CA - it must come from the original creditor through the CA. Then you might file complaints with the BBB, FTC, your AG and their AG.

Without knowing more (if the CA had sent a letter, if you had sent the validation letter within the first 30 days, etc., etc) it would be hard to say much more. Except that you should do some reading in the links I have listed in my profile - to the FDCPA, FCRA, etc (and especially do some reading and ask questions in the last link I have listed)

After you do the reading and you aren't comfortable enough to file against them, you might speak with an attorney. Find one that is well versed in consumer law (the FDCPA, FCRA, etc) Many times they will give you a free first consult.

Answer 2

OK I work with collecting on debts and well they are just trying to scare you into paying. You always have they option of filing bankruptcy and you can go to a credit counseling agency although they don't have to honor it. As long as you are willing to pay something on the debt on a regular basis there isn't a lot they can do. I would wait until you here back from them or simply call them back and let them you have received confirmation that they have received your letter and would like a response. The worst thing you can do is simply ignore it because it will them go from collections into legal and that will cost you a lot more fees. And well if they refuse payment then you have basically met your obligation. You tried to pay and they refused but you will have to have proof that you tried and they did indeed refuse. GL

Answer 3

1. I hope you saved that tape because he violated the FDCPA several times by leaving that message and you can sue him. Most any lawyer will take the case.

I've been out of collections for a while, but his message has several violations. They used to pay $5,000 per violation and I see possibly 4 violations of the FDCPA.

I hope you have the tape.

1. for leaving a message that even implied it was about unpaid debt.
2. he lied (it's not too late to file bankruptcy or cccs).
3. if he stated that he will send to a law firm and didn't.
4. If the second message was on the same day.

If you have the tape, keep the original and give attorney the copy simply because I probably know which company he worked for and they are HUGE. If you accidentally turn over the original to someone who needs a favor from them, your proof could disappear.

It happens.

Answer 4

This is another example of why I say never, ever contact a collection agency by telephone for any reason and to tell them anything you need to tell them in writing, and only in writing. They are not required to contact you before running an inquiry. If they had already decided that they were going to do an inquiry on May 24, then they do not have to change those plans because you called. They are also not required to tell you that you can prevent the inquiry by paying before May 24, which, come to think of it, is a little weird.

Answer 5

Collection agencies are a real pain in the ***, aren't they? first i would like to begin by helping you out cause i know it can be a little stressful. i have worked for a CA before and there motive of getting people to pay their debt so that they get commission off of it is to pressure you and scare you. do not believe that they work for a law firm because they are not suppose to pretend that they are a law firm, and these rights are listed under your Fair Credit Reporting Act. you can file a complaint against this company to the FTC and seek other help you can search FCRA for more information on violations on the web. now lets get to does the debt belong to you and do you want to pay it? if so then you can make a settlement with this company. you can either break it up in payments like 3 or so or you can pay in full by one check, one payment, etc. before you do this you must tell them that you would like to pay off your debt but you want an offer on what would be the lowest they can acept. if you tell them your making a payment right then and there then they will because that payment will bring them commission. if they do work with you then you ask them to fax you a letter indicating that a settlement was made and make sure it includes the date and amount of the settlement with all your info. if you do not have a fax ask if they can submit an email? let them know that until you do not have that letter stating that their was a settlement made than you will not be making any payments. once you receive the letter you can make a payment over the phone. afer 30 days they are suppose to send you a letter of release so that you can update yor crdit report. I tried doing this same thing and my credit score went up by 119 points. if you do not want to pay this debt with this particular CA then after a few tries they will sell your account to another CA so you make make a setlement offer with them as well. but do not believe that these people have any legal right to refer your account to the legal department , or etc that's all bs, trust me i have told people the same lines. Good Luck

Answer 6

The law states that if you do not pay, or promise to pay for exactly 5 years from the date of collection action, they have to write it off and can never recover their money. So like the other girl said on here, do not write (or say) that you will make a payment. Find out the exact date you owed from and wait it out. Hang up on them or do not answer the calls....

Answer 7

I wouldn't send them anything or tell them anything except NOT TO CALL. If you send a letter promising payment or making a payment arrangement, you start the statute of limitations over, again. Bankruptcy is nonsense, in most cases. Unless you have lots of valuable assets, don't do it!

If you can manage, consult with a lawyer who specializes in these types of issues. That's what I wish I would have done.

Answer 8

My friend, I hope you still have that message. That is abuse. They can not say that to you. info can be found
http://www.accc.gov.au/content/index.phtml/itemId/5959
If I were you I would report that to the ACCC. They deal with these matters swiftly.
I recantly made a complaint about Dunn and Bradstreet. They caled me 5 times demanding my wifes details and I refused to give it to them. I told them after the third call not to call me any more. They can only call you 3 times in a week and not harass you. They can not threaten you with legal action unless the matter is 60 days over due and if they do they must issue it in writing.

Answer 9

From my understanding that is illegal, they cant threaten you with a law suite unless they are going to do it, think of it this way, these people ae out for commision and if you buy into there little threats and pay they get a percentage. if i were you call the better business bearu and turn him in, and btw i do get threating calls and i blow them off screw them, what a horrible job harrassing people 24/7.

Answer 10

He's wrong , you can work with a agency anytime, He can't stop you. This is a form another form of abuse by collection person. Do-not file bankruptcy bad for your credit.