Larry
Tucson,#2Consumer Suggestion
Sat, November 19, 2005
There were a couple of red flags in this report to question the identity of the collectors. I have never heard of a real collection agency that would refuse a payment by mail. All of the payment methods that the "collector" wanted to use leave no trail of where the money goes. I can send out letters with a return address anywhere in the world and you would not know whether it really is where I am located. If I did not want you to know that my return address is false, I would demand that you pay me by some means other than by mail. The persons calling Tiffany may actually be located in some foreign country. Who knows how they got the information about the debt. Give them your bank account numbers and they will drain your account dry. Your lucky day was when the account numbers got transposed. Never pay anyone you do not personally know by Western Union. Anyone can receive your money anywhere in the world and once they have it you cannot get it back. Anyone who requests payment by Western Union is a scammer. If you have a question about who and where these people are, get their number from the white pages of the phone book and call it. Ask for Ms. Babin by name. That ought to confirm their location.
Pete
Valley View,#3Consumer Comment
Fri, November 18, 2005
I hope I never have to use it. But what if Tiffany, herself, unintentionally transposed the numbers of her account? I'm not supporting these low lifes because I've read too much on how they do business. But, it's a possibility, isn't it?
John
Phoenix,#4Consumer Suggestion
Fri, November 18, 2005
You need to understand the nature of the beast. Collection agencies have many files that have to be covered and have to put butts in seats. Unfortunately that means getting idiots to work those files. It is not unusual for checks to be taken over the phone and if fact quite natural because too many times a check gets lost in the mail. What happened is the information routing / checking account given for your checking account was transposed by the recipient. They presented the check with bad information. The bank would not have a record. To reproduce a check in this manner cost nothing. Anyone can do it. For them to charge you is impermissible. The law states that the agency is not allowed to add charges, to the bill. $10.00 for the processing of a check that cost nothing to reproduce is nothing more than adding of charges. Federal and State laws govern third party collectors. The Fair Debt Collection Practices Act (FDCPA) make the rules clear and you can down load the information off the Federal Trade Commissions website. The debt collector had an obligation to send you a notice advising you that you had an opportunity to dispute the validity of the debt. This letter must go out within 5 days of the initial contact. There must also be language in the letter explaining some of your rights. The collector also has an obligation to notify you of some of your rights in their verbal communications, (mini Miranda). The Texas law pretty must mirrors the Federal Law except it requires the collector to fill out a dispute form if requested. A collection agency must have a $10,000.00 bond on file with the Secretary of States Office. The purpose of the bond to for consumers to recover punitive damages from collection agencies. Violations to the FDCPA are up to $1,000.00 for both the agency and the collector. Texas and Harris County have an easy small claims system that will help you file suit if you choose. You may also find that this agency is a member of the American Collectors Association, (ACA). This company will help you by communicating with the agency if you file a complaint. The national office is in Minneapolis. You have both a moral and legal obligation to pay your bill. Pay it directly to the vendor that you owe. The agency will still get their commission. If you file suit also name the vendor because ultimately, while there may be a hold harmless clause between the two parties, they have the obligation to ensure their agent adheres to the law. Additionally the biggest harm you can cause is to alienate the client from the agency. They stand to lose more money if the client refuses to place business with them again. The bottom line is the agency has allowed monkeys to make decisions for them. Monkeys don't understand higher concepts and will argue a mundane point if they don't grasp the concept. The monkey you are dealing with doesn't get that the checking or routing number they reproduced are not the numbers you gave them. Have fun. Pay your bill.