credit card debt collection

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August 7, 2010

Legal And Illegal Tactics A Collection Agency Will Use: Debt Collection Basics Part Three

In the first two articles I defined what a delinquent account that had been sent to collection was, how sending late accounts out to an debt collection company benefits a creditor, and the practice of selling an old debt to a third party collection agency.

I wrote about what type of information a collection agency will collect and use in their efforts, and also that third party collection agencies are governed by federal and state laws and are overseen by the FTC.

A minority of collection companies will utilize deceptive, strong arm and illegal methods to confuse and scare debtors that include pretending that they are one of their creditors and asking them to verify information, pretending to be an old friend or neighbor to catch a debtor off guard, repetitively calling or mailing a debtor to the point where it gets to be a nuisance, or sending threatening letters or leaving threatening voicemail messages.

Legal but manipulative methods include pressing the consumer, preying on their emotions, and utilizing vague threats such as “respond within so and so amount of days or further collections attempts will follow.” Other illegal practices include making an idle threat of litigation or pursuing litigation when the debt collector has no intention to, threatening to throw a debtor in jail, threatening to garnish wages or seize bank accounts when they have no authority to, lying about the amount that is owed, or asking for more than what is owed are used as well.

For the debt collection industry, time is the enemy and a good debt collector is fully aware of this. Their goal is specifically to obtain money as soon as possible.If you are talking to a debt collector, keep in mind that at any time you have the legal right to tell them you are busy and will call them back if you are flustered, hang up, cool off, develop a game plan, and contact them later. An aggressive debt collector will ask you why you can’t make payment arrangements today.

Rapid Recovery Solution is a commercial collection agency that writes articles on commercial collection companies.

Filed under Loans by Mallory Megan

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July 16, 2010

How Long Will A Negative Mark Stay On Your Credit Score? Part One

Your credit score. It could be your worst nightmare, or a dream come true. But most of the time it’s kind of like that nosy mother in law coming to stay at your house for a few days. You know that she is coming to stay, and you are not looking forward to it, but you are too nervous to ask or even consider how long she might be paying you that visit. OK, so that analogy wasn’t that great. But anyway, read on to see just how long negative marks will stay on your credit history.

First, there are errors on your credit score. This occurs when something that you did not do, or an account that does not belong to you shows up on your score when you review it. These will be removed immediately. Finding and removing mistakes on your credit report are an important reason why we should check our credit scores at least once a year. If you do locate a mistake, or a negative account that isn’t yours, get in touch with the credit reporting agency and the creditor too. Within 180 days you should be able to have that negative mark taken off your record.

Anytime a creditor asks to see your credit report (pulls your credit report), something called a hard inquiry will be recorded on your credit score. If these hard inquiries are only occasional this probably won’t hurt. However, if there are a large amount of inquiries recorded on your record, this will generally make prospective creditors think that you need the cash and you need it fast.

If a potential lender looks at your credit score and sees that they are the tenth financial institution that you have asked for credit, they will have cause to be suspicious. Even though the credit reporting gods will concede that people shop around for loans and credit, and say you have, two weeks where you have a lot of inquiries, they will take that into consideration and not penalize you too much, the bottom line is that the more hard inquiries that show up on your report, the lower your score will be. Hard inquiries can stay on your credit report for up to two years.

Not all inquiries will negatively affect your credit score. A soft inquiry is when you check on your own credit score, or when potential creditors check your credit to see if they want to make you any unsolicited offers of credit. Actually, lenders see this as a good sign. If you are regularly checking your credit report, you are most likely fiscally responsible. To be continued in part two…

Mallory Megan works for Rapid Recovery Solution and writes articles about medical collection agencies.

Filed under Credit by Mallory Megan

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June 21, 2010

When You Owe Too Much Debt And Just Can’t Pay

Debt can be an exhausting problem that weighs you down and affects your personal life greatly. But what if you have exhausted all of your resources and still can’t free up enough money to start repaying your debts in a big way? You still have choices. Perhaps it is time to think about the big things in your life- private schools, your house, and your cars. Are these things truly a necessity? Another option you have is to go through your house and your things and see if there is anything of value to sell. You can go after more money at your current job, or by taking on a second one. And there are still other alternatives yet. Credit counseling and bankruptcy are always available, but you are not there yet, so for now, take a deep breath and determine what you can accomplish on your own.

If you are a parent with children attending private school, consider moving them from private to public. For parents, the thought of moving their children from one school to another can be overwhelming. If this is not something that you as a parent are willing to do, you can always see about applying for financial assistance from your current school.

It is also possible that your living environment is sabotaging your ability to make ends meet. Just last decade, we were afraid that if we did not purchase at the very moment that we would be priced out of the only neighborhood we wanted to live in. It’s a hard decision, but it very well may be that selling your home is a solution that you have to consider. While it is a conventional pearl of wisdom that your house is the asset you’ll retire on, and the most valuable asset in your portfolio, unless you can afford to make the payments, it’s also going to be the one that can be your downfall. Switching a larger house for less expensive can be an option, but you also may need to consider renting for a while. Bear in mind that if you can keep the cost of moving low, renting will save you the cost of homeowner’s insurance. (Renter’s insurance is much less expensive.) Other things you will save money on include yard care, and commuting costs if you can find the right location to rent from.

If you can wrap your head around it, there is probably another, less expensive way for you to get back and forth to work each day. Think about it. Could you get by without a car for a while? Not only would it save you the expenses of paying for the car itself, and it’s upkeep (oil changes, repairs etc) but think about all of the money that goes to parking, insurance and gasoline. And if you feel as though you cannot go without a car, what about trading in your expensive car for one that runs just fine but is used?

Many times, simply thinking outside of the box is all that it takes to get yourself out of a situation that you find is difficult. If you take a calm approach to your situation with an open mind, you may find that the solution comes easier to you than you ever thought possible.

Mallory Megan works for Rapid Recovery Solution and writes articles about nationwide collection agencies

Filed under Personal Finance by Mallory Megan

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March 5, 2010

Unfair Collection Letters Plague Musicians’ Parents

A few parents in Central Texas are being mailed collection letters for instruments that were rented. The only thing is, they attempted to return the musical instruments, but could not.

One mother is like many other parents who rented from the now bankrupt local music store in 2008. Her son finished the work with his rented clarinet in May 2008, and she tried to bring it back to the music store.

When she got to the music store, there was a note on the door letting customers know that they were out of business and no one was in there. On a number of occasions, she tried to go by the store, and even called other locations. To add insult to injury, her bank could not stop the automatic monthly payments that were being taken out of her account.

Around two years later, when the payments had halted, the mother sold the clarinet for ninety dollars. All in all, she was charged three hundred dollars after the point she tried to return it. The young mother thought that that would be the end of the clarinet situation. But soon after she received a five hundred dollar collection notice from a collections agency on behalf of the instrument maker Conn-Selmer. The instrument makers had received her information as part of the bankruptcy process.

The young mother was taken aback. She couldn’t fathom that she had been charged for the year when she couldn’t return it, and now that she is expected to pay money, she felt as though the store owed her money, not the other way around.

After a local news channel contacted a spokeswoman for Conn Selmer to find answers for the parents who had received collection bills, the spokeswoman said that the company will be sending letters to all parents who received collection letters. The letter will supposedly detail how parents who feel as though they are being unfairly treated can challenge the debt.

Mallory McGuinness works for a debt collection company. She also does articlesabout finance and business, consumer spending and collection agencies.

Filed under Credit Repair by Mallory Megan

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October 28, 2009

Beat Credit Card Debt By Losing The Guilt Associated With It

Every day more consumers fall behind on their credit card debt payments and leave themselves open to being threatened by credit card debt collectors. Some people simply cannot afford to pay their growing minimum-monthly credit-card debt payment(s), as a result they begin to feel hopeless and guilty.

Some who go through this, however, realize that they do not need to feel guilty and submit to debt collectors.

They understand they can use a proven legal strategy to make the debt collector prove the debt is owed. Denying and disputing an unsecured credit debt with a debt collector, not the original creditor, works, according to Credit Card Debt Survival Guide. This strategy forces the other side to prove their case.

A credit card debt collector is required by the Fair Debt Collection Practices Act to send a statement to the consumer with the debt saying that:

1. The debt collector can assume that the debt is valid if the consumer does not dispute the debt’s validity.

2] The consumer must notify the debt collector in writing within thirty days that the debt is disputed.

The Fair Debt Collection Practices Act also allows consumers to write to the credit card debt collector stating that they refuse to pay the debt, or that they would like the debt collector to stop all communication regarding the debt.

By taking the action of disputing and denying a credit card debt and then requesting that the collector stop all communications, you have made the debt collection effort harder. The collector must return to the credit card company to obtain documents which they then have to forward to alleged debtor. They have to validate the debt with copies of original documents according to the Fair Debt Collection Practices Act.

With an unsecured, unsigned credit card debt, a debt collector has to get the consumer to admit to owing the debt. Effectively they need an admission of “guilt”. The initial exchanges between consumer and the credit card debt collector set the tone of all communications between them. If a consumer denies and disputes the alleged debt, and also forbids further communications, often the collector will look for an easier target.

Matt Highlander researched and wrote the Credit Card Debt Survival Guide. Learn about debt settlement and legal nonpayment strategies for eliminating credit card debt.

Filed under Credit by Matthew Highlander

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