[threemonkeys79]

I signed up with a debt management company. Found out nothing was being paid to any of my creditors and stopped the contract with the company. I am now trying to get my accounts paid off or up to date. I had a discover card that was 2 months late and they are telling me it was sent to Zwicker & Assoc. last month. Zwicker and Assoc. really don't want to talk to or work with me in any way. Has anyone ever heard of this and what should I do?

I called discover and they said the account was sent to the lawyer because of the debt company. They said to let the lawyer know we are no longer represented by that company and they would send it back to discover. The lawyer says that is not possible. Does anyone know if this is possible?

Thanks.

[threemonkeys79]

I had a discover card and it was two months late. They handed my account over to Zwicker and Assoc. This was because I signed up with a debt management service. I found this out when I called discover to pay my balance. I have spoken with Zwicker several times and it is very discouraging. First, they don't have my address right and refuse to fix it. The address they have is the debt service. Also, they wont give me anything in writing. I have asked for a written copy of my balance and that if paid in full will zero the account but they say they can't do that. I just don't want it to end up they saying I owe more money. I have not gotten anything from them in reguards to the debt but for all I know they sent it to the debt service. Please any advice on what I should do from here is greatly appreciated.

Thanks, Sharon

by the way, I am in Virginia

[LawResearcherMissy]

Let me make sure I understand you correctly:

Discover says they are no longer represented by Zwicker Associates? And Zwicker will not return your account to Discover?

If this is the case, Discover shouldn't be telling YOU to tell them to give the account back. THEY need to contact Client Relations at ClientRelations@zwickerpc.com or call (800) 370-2251 and tell Zwicker themselves.

If I've read you incorrectly, could you please provide a few more details?

[threemonkeys79]

I am no longer represented by the debt management company. Discover said I could have my account sent back to them by Zwicker. Zwicker says that is not possible and that I need to work on paying them. I have heard/read that they are not to be trusted. I asked for a written agreement as to the amount I am to be paying and that it will finalize the account but they tell me they can't do that. I don't understand and get a really bad feeling about it all. They are not the only account that I had this happen to and all the other gave me a written agreement and even sent a letter that they had gotten the payment afterward. I am kinda between a rock and a hard place so to speak. I am almost afraid to give Zwicker the money but don't want to leave the account the way it is. The money is a great deal to me, it is $6500. I don't want to give it to them and they say I never paid it or something. Thanks so much for your help. Also, I have one other account that has been sent to Phillips & Cohen. Have you heard of them? I can't get them to even return my call. All I get when I call is a voice mail system.

[LawResearcherMissy]

DO NOT SEND THEM MONEY WITHOUT A WRITTEN AGREEMENT.

Holy cow!

You have rights under the Fair Debt Collection Practices Act.

Let's have a look:

§ 809. Validation of debts

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is
contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during
the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor.

Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or
request the name and address of the original creditor.

In other words, yes they CAN provide you with this information in writing, and are in fact required by Federal law to do so.

You'll find some helpful resources here.

[usedbranflakes]

First thing is first:
DEBT COLLECTORS LIE! We were allowed to lie all day long. See, we are not attorneys and we got 6% of the "take" and our company got 30% to 40% of the take. If you paid $100 then my company got 30% and I got 6%.
The only way that it could not be returned is if the paper was purchased. That is not likely here as credit card companies usually wait 1-3 years before "charging off" a debt and then selling the paper. Personally I believe that if they "charge off" a debt and take the loss on taxes that they should not be able to sell the bad paper. ...but it's not a law. One company I worked for filed 1099's for charged off debts. That was pretty nice to get those calls. They usually had other collection accounts and we could work payment arrangements on those as people didn't want to owe the IRS any more than their "surprise" already cost them.

Debt collectors are the bottom dwellers, somewhere between scum and sewage sludge. They are smart people, with good common sense, and will push the limits to get $$.

Dispute this in writing, certified mail.
After disputing it, refuse to pay the collection agency and state, in writing, that you will work with only the original creditor and not a collection agency. They have 2 choices - Litigate or return the paper to the credit card company.