Dealing with Aggressive Debt Collectors

August 202009

While the climate might seem ripe for the collection industry to cash in on troubled account-holders, problems in the housing and employment markets have actually made their jobs a lot tougher, as they try to recover funds from people who have little or nothing to spare. As a result, the tactics used by some collectors have become more aggressive. Join Thomas Fox, Cambridge Credit Counseling’s Community Outreach Director, as he discusses information you should keep in mind if youre contacted by a collection agency

Duration : 0:5:13

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Collection Agencies Working With Credit Reporting Agencies

August 172009

It is a conflict of interest for collection agencies and credit reporting agencies to have a business relationship. This is not fair to the consumer!

Duration : 0:2:57

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Credit control and debt collection book, “The cheque’s in th

August 142009

Collection industry Guru, John Woodworth talks about his best selling collection hand-book “The cheque’s in the post”.
The book is a must have for any person or business that needs to collect money.

Duration : 0:2:23

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UK DEBT COLLECTION - how and why they lie to you Part 1

August 82009

Why do collection agencies persistently lie to the debtor, the press and the public at large? It is not just for money, but also because they actually believe themselves to be the last gasp between economic stability and financial ruin.

As we shall see with this message, the truth is anything but, and we shall also see that they as in my previous recordings are irrelevant, almost utterly useless and in the eyes of most, an inconvenience.

Like sharks, once they smell blood (or money), they will attack. However, such a parallel would be insulting to sharks, since recent research has shown that sharks do possess intelligent characteristics, such as memory and a sense of peril. This is more than can be said for the staff at these companies, who will selectively lie, threaten and bully if they think theres a chance they can worm money out of you.

You sent an angry letter to them? What letter. You sent a payment last month? What payment? You have a settlement letter proving you paid off this debt with the last company it was with? The last company dont have any record of this, so it must have been sent out by fluke.

Well, this message exposes and takes apart many of the most common lies or half-truths that such companies will use against you. Im sorry the whole message is a long one, but with lying and collection agencies in the UK as anyone who has had to deal with one already knows - theres a lot of ground to cover.

***1 small mistake made is during the ‘Rankin Vs HBOS’ dissection. This is untrue - it should have stated that it WAS a High Court case. But no legal precedent was set, and the necessity of a valid CCA was amplified by the judge. The DCAs will omit to mention that part.

The judge actually held Mr Rankin at fault for his manner, which was bad enough to swing the case in the favour of the creditor. Hardly a legal precedent when the judge decides to make an example of the plaintiff.

Yes, I did see the Panorama programme, and yes, I think the Rankins came across as textbook ‘debt avoiders’ that the DCAs like to paint all their ‘customers’ with***

Duration : 0:9:23

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UK Collection Agencies - getting them off your case Part 3

August 52009

UPDATE FOLLOWING ON FROM PART 2. DO NOT IGNORE THE SERIOUSNESS OF THIS RECORDING! WE WILL HAVE NO HESITATION IN SUING YOU IF YOU DO!

At around the 3 minute mark of this recording, I mention certain DCAs ploys regarding Recorded Delivery mail. If payment is asked for, then under NO circumstances pay for it - even if you are expecting to receive something from them. DCAs are not above trying to use the excuse that that payment is an acknowledgement of the debt.

Also, this message is a continuation from Part 2, in which First Credit come in for more stick, since I was far too nice to them in Part 2. The fact that one of the top bods of this gone-on-for-far-too-long company is also very high up on the Credit Services ociation should tell you all. Also, I wonder how many complaints the CSA has received - or says it has received - against First Credit.

Basically, what you have here is an uncontrolled, unethical industry that cries out for regulation with some bite behind it, so that companies like First Credit are put right out of business. It’s high time we saw some of the more abusive firms closed for any number of reasons. However, with a government that has senior members with ties to this industry, don’t expect this to happen too soon.

Further to the message, there’s also more of the generic threat-letters being dissected, and why and how the law prohibits various courses of action that collection agencies MAY (and this is an essential word in DCA dialect!) threaten to employ.

————————————–
The Unfair Terms in Consumer Contracts Regulations 1999 (Section 2083)
The Administration of Justice Act 1970
Consumer Credit Act 1974
Data Protection Act
The Consumer Protection from Unfair Trading Regulations 2008
The Solicitors Act 1974

All recommended bedroom reading, for all those boys and girls being pestered and harassed for money by UK-based collection agencies — money that these agencies may well not even have any legal right to. All of the above acts of government legislation centre around the rights of debtors, and all of which DCAs (debt collection agencies) are found to flout on a regular basis.

My next message delves more into Consumer Credit Act 1974, more of the common tricks collection agencies will try to use on you, and how to counter them by costing THEM money and inconvenience. Remember that these companies by and large, are powerless, irrelevant, have no real authority of their own, and can easily be seen off.

Even though some of the content of the recording may seem that I am advocating debt avoidance, this is not quite the case. But I do advocate debt avoidance when companies have been called out to provide proof of debt and fail to do so, and especially so to companies that try to use the law to manipulate people for their own financial gain.

Also, in case the distrustful, deceitful nature of these companies isn’t quite clear enough, then part 2 of this message goes more into the money-men behind the whole scam and why hoping our dear old government will step in just ain’t gonna happen.

What this clip is intended to do is highlight these worthless, impotent con-merchants who are banking on - in more ways than one - people’s ignorance of their rights under law. Remember that these people have as much right to your money as I do to the Crown Jewels. Therefore, they are inconsequential, toothless companies that will a house-brick when you catch them out.

I can’t emphasise enough that if you feel you HAVE to pay the debt - then pay it to the original creditor and nobody else. But join a consumer forum FIRST - www.consumeractiongroup.com and www.moneysavingexpert.com being the two biggest ones - and explore all your options, asking any questions you may have about your debt problem.

Finally, ask yourself this - why should you or anybody else be terrorised into subsiding the CSA’s annual golf tournament, Buchanan Clark and Wells’ holiday home, or one of their weekend -ups?

The UK Collection Industry (spit!) is experiencing a slump due to decreased revenue (aah diddums!), and this is because ‘debtors’ are now becoming more aware of what their rights are and because it’s becoming common knowledge how pointless these companies are, as are the existences of the uni-dimensional call-centre wankers that work for them.

This clip is dedicated to making that slump continue and to put these companies to permanent, long-deserved sleep.

And if you happen to work for one of these companies, then I’m afraid I shall have to pre-empt your replies, and implore you not to waste my time by preaching :-

1. ‘moral duty’
or
2. ‘if you paid your bills…’

If you should mention point 1, it doesn’t suit you. Morals and collection agencies do not belong in the same sentence.

If you mention point 2 and that’s the best you can do, if you want, I’ll go and set a pillow in the middle of the M62 for you.

Duration : 0:8:15

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Lesson 143 - “Debt Collection”

August 52009

Professor Cardworthy explains how and why you want to avoid debt collection. For more information or to ask a question, visit CardTrak.com . Play “Test Your Card Smarts” for a daily gift card giveaway and a chance to win $5,000.

Duration : 0:1:20

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Dealing With Debt Collectors - Debt Validation

August 52009

Dealing With Debt Collectors - Debt Validation.

The first most important rule of dealing with debt collectors you must remember: never admit and accept a debt unless it was proven to you that it IS your debt. You have the right to request documentation from the collector substantiating his collection efforts. You must send your validation request no later that 30 day since the collecting agency’s first contact.

What debt collectors should provide:

() Proof that the collection company owns the debt/or has been igned the debt. At a minimum, some account statements from the original creditor.

() Proof that this debt is yours - a copy of the original signed loan agreement or credit card application (or at least account statements from the original creditor).

() Explanation of the amount and all fees and payments starting from the original creditor (this is not in the FCRA or FDCPA - but was established in one of court cases in 2004 ( for more info visit http://www.101CreditRepair.com )

Procedure:
1. Send a letter requesting validation to the collection agency (via certified mail)

2. Dispute the collection with the credit bureaus (certified letter). You must never skip this step.

3. Wait 30 days to hear back from the collection agency. Most likely they either not respond - or not provide everything as needed.

4. If they haven’t sent you satisfactory proof, send them a 2nd letter with the copy of the first one and delivery receipt. Tell them that they have not complied with the FDCPA and are now in violation of the Act. Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit because they are in violation of the FDCPA, section 809 (b).

5. Wait 15-20 days to hear back after this second letter to the collection agency. They will either remove it or not respond.

6. If they do provide all required documentation - there is one more thing you can try: see if they are legally licensed to collect the debt in your state (not all states require license).

If the collection agency did not agree to remove the listing, then you need to continue to the next steps. For more information about this process, including template letters, visit http://www.101CreditRepair.com

Duration : 0:3:58

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UK Debt Collection Agencies - getting them off your case - Part 2

August 22009

The Unfair Terms in Consumer Contracts Regulations 1999 (Section 2083)
The Administration of Justice Act 1970
Consumer Credit Act 1974
Data Protection Act
The Consumer Protection from Unfair Trading Regulations 2008
The Solicitors Act 1974

All recommended bedroom reading, for all those boys and girls being pestered and harassed for money by UK-based collection agencies — money that these agencies may well not even have any legal right to. All of the above acts of government legislation centre around the rights of debtors, and all of which DCAs (debt collection agencies) are found to flout on a regular basis.

My next message delves more into Consumer Credit Act 1974, more of the common tricks collection agencies will try to use on you, and how to counter them by costing THEM money and inconvenience. Remember that these companies by and large, are powerless, irrelevant, have no real authority of their own, and can easily be seen off.

Even though some of the content of the recording may seem that I am advocating debt avoidance, this is not quite the case. But I do advocate debt avoidance when companies have been called out to provide proof of debt and fail to do so, and especially so to companies that try to use the law to manipulate people for their own financial gain.

Also, in case the distrustful, deceitful nature of these companies isn’t quite clear enough, then part 2 of this message goes more into the money-men behind the whole scam and why hoping our dear old government will step in just ain’t gonna happen.

What this clip is intended to do is highlight these worthless, impotent con-merchants who are banking on - in more ways than one - people’s ignorance of their rights under law. Remember that these people have as much right to your money as I do to the Crown Jewels. Therefore, they are inconsequential, toothless companies that will a house-brick when you catch them out.

I can’t emphasise enough that if you feel you HAVE to pay the debt - then pay it to the original creditor and nobody else. But join a consumer forum FIRST - www.consumeractiongroup.com and www.moneysavingexpert.com being the two biggest ones - and explore all your options, asking any questions you may have about your debt problem.

Finally, ask yourself this - why should you or anybody else be terrorised into subsiding the CSA’s annual golf tournament, Buchanan Clark and Wells’ holiday home, or one of their weekend -ups?

The UK Collection Industry (spit!) is experiencing a slump due to decreased revenue (aah diddums!), and this is because ‘debtors’ are now becoming more aware of what their rights are and because it’s becoming common knowledge how pointless these companies are, as are the existences of the uni-dimensional call-centre wankers that work for them.

This clip is dedicated to making that slump continue and to put these companies to permanent, long-deserved sleep.

And if you happen to work for one of these companies, then I’m afraid I shall have to pre-empt your replies, and implore you not to waste my time by preaching :-

1. ‘moral duty’
or
2. ‘if you paid your bills…’

If you should mention point 1, it doesn’t suit you. Morals and collection agencies do not belong in the same sentence.

If you mention point 2 and that’s the best you can do, if you want, I’ll go and set a pillow in the middle of the M62 for you.

Duration : 0:6:19

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Struggling debt collectors to debtors: Let’s make a deal

July 302009

You’d think that debt collection would be booming these days, but even debt collectors are having trouble. They’re more willing to cut deals, accept alternate payment plans.

Duration : 0:0:56

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UK Debt Collection Agencies - Oh dear! A CCA Request - what now?

July 272009

Again, as pointed out in previous messages, one of the greatest weapons you can have, is a Consumer Credit Act 1974 request. Such a request stops a dishonest collection agency in its tracks, and before they can resume having any dealings with you, they HAVE to fulfil that request (if they can!).

However, this is not always the case some agencies may try to continue their illegal pursuit even after they receive your request. Included are examples of such replies you may receive after the company gets your request and cashes your £1 statutory payment included with the request.

Obviously, the kind of reply uming you get one at all will vary from agency to agency, but I have included some of the wider examples here. If the agency youre forced to deal with is named here, then this clip is intended for you to pre-empt their next move.

Apologies in advance for the low voice, but I had a bit of a cold when I did this one.

Finally, remember they’ve got an old ‘carrot-on-a-stick’ trick.

Don’t be tempted to fall for the ’short settlement’ offer that suddenly arises just as they’ve received your CCA request (what a coincidence!).

If you get such an offer, do NOT take it - they’re literally trying to get what they can from you. When it happens, smile and feel good about yourself, because it’s a very good sign that they can’t fulfil your request, and thus, can’t inconvenience your life any further…

Duration : 0:9:17

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