Steve
Bradenton,#2Consumer Suggestion
Fri, March 21, 2008
Rachel, This is exactly why you never speak to a third party debt collector on the phone. NEVER do this!! STAY OFF THE PHONE!! Upon the first call, immediately prepare and send a CEASE COMMUNICATIONS request as per the exact verbage of the FDCPA. [Note: There is no such thing as a "cease and desist" in debt collections as Jen suggested.] Also, once you make a payment or agreement to pay, you have affirmed the debt to that collection agency. In most cases, if a third party collector has the debt, you cannot pay the original creditor due to the contractual obligation. This is exactly why I feel the need to push legislation that would require debt collectors to be individually licensed and bonded. This would weed out the crackheads and losers that the collections industry is infested with.
Jen
Eatontown,#3Consumer Suggestion
Thu, March 20, 2008
In most states it is unfortunately legal for them to record as long as ONE of the parties is aware. If the other person on the line is aware of the recording, you don't necessarily need to be made aware. Check with your state regarding their laws specifically. Secondly, you are absolutely right. You have contracted through Chase. What you need to do is be proactive and pay something each month to Chase (even if it isn't the $600 they want). Write to the agency instructing them to cease and desist. If you tell them not to contact you by phone or mail - They can't. Here's where you need to watch your back though. If you legitimately owe the money - MAKE SURE you are paying something to the originating creditor. The collection agency reserves the right to turn the account over to an attorney. If you aren't making any payments, they will initiate a law suit to attach your property, freeze your assets, and/or garnish your wages. If you do get served. Tell the truth, you didn't want to be contacted by the abusive agency and you were dealing with Chase and have your proof of payment where you HAVE made effort to pay. Seek legal advice - I would recommend if you are strapped for cash, check with your county courthouse to see if they have a free legal counseling service. Also contact your State Attorney General's Office to bounce your situation off them. Let them know you don't have the money for a lawyer. I am not a fan of credit counseling because of the bad stigma it leaves on your credit profile and the money spent paying them to administer and distribute the payments is better spent paying down your debt. You can do everything they do on your own.