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  1. #1

    Default Who do I really owe?

    We are getting calls from a debt collector - Bay Area Credit - who says that we have an outstanding bill with SBC from 2 years ago. They are very rude, refuse to provide documentation of their having the debt, and call daily demanding a credit card number to pay the bill.

    My question is: We did not incur any debt with Bay Area Credit, only with SBC. If we pay SBC, Bay Area Credit has no claim to this, correct? My understanding is that one does not have a legal obligation to pay debt collectors since one did not incur debt with them, only with the original creditor.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Paying off a debt

    If SBC accepts your payment in full on the account, that should end your responsibility for the debt. Sometimes, though, corporations won't accept payment after they refer a debt to a collection agency.

  3. #3
    Join Date
    Jun 2005
    Location
    Ohio
    Posts
    20

    Default

    Its a moot point anyway. I bet you want to pay the original creditor because you don't want to give the collection agency the satisfaction of collecting your money, right? They get credit for the payment regardless, so you might as well just pay the agency directly or you may end up receiving calls after you have paid because the agency may not be notified of the payment until as many as 2-3 weeks later.

  4. #4

    Default

    We have arrangements to pay SBC, and they are willing to accept payments. The collecting agency should not call once they are notified in writing that SBC is accepting payments and the debt is being paid. Should they continue to call, they will be notified that we are not accepting their calls, in compliance with the FDCA.

    Besides, the collection agency has violated the FDCA by not sending written verification of the debt within 5 days of the initial phone contact, and we have recorded their calls, all of which is being filed in our charges against them.

    I have no problem with debt collectors working to collect debts such as ours, but play by the rules or face being sued.

  5. #5
    Join Date
    Jun 2005
    Location
    Ohio
    Posts
    20

    Default

    Just to let you know...

    1. If you did not get the collectors' permission to record the calls they are inadmissable as evidence.

    2. The just have to SEND the letter within 7 days of the initial contact. If they don't have the correct address or you don't receive it, that is not their fault.

    3. In order to make the agency stop calling, you must submit a request to cease and desist via writing and prove they received it (certified mail). Some agencies will agree with a verbal C&D but most don't. Telling them that you are not accepting their calls is NOT the same as a cease and desist. It is the equivalent of "I'm not listening to you..." It doesn't mean they'll stop talking.

    4. The part you have to realize is that SBC forwarded the account to the agency. If they placed it for collection, SOMEONE there didn't feel the payment arrangement was acceptable. Most of the placement decisions are made via computer. (i.e. Acct # 1234567 is X days past due = forward to agency).


    Please don't misunderstand. I am a 3rd party bill collector. Its what I do for a living. I know that I am in danger of being sued every time I pick up the phone. I know the rules. I just wanted to warn you that your case is not as airtight as you seem to feel. The original creditor HAS to take whatever money you send them, but that does not make it an acceptable arrangement. I hear people try to tell me that "as long as they pay $5.00 per month I can't call them" all the time. Its just not true. I also find it amusing that people put restrictive endorsements on their checks and try to say that just because their creditor cashed a $50.00 payment that was marked "payment in full" that they no longer owe the remaining $1000.00 balance. Another credit myth. If you are personally suing the agency, I would suggest running this case past an attorney (preferably one who is willing to work for free if you don't win). That is a pretty good indication of how good your case is.

    hint: No attorney will agree unless they are DARN sure they will win.

    Good luck with it though. I hope I helped.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Recorded Phone Calls

    The admissibility of recorded phone calls varies by state. In "one party consent" states, you may lawfully record phone conversations to which you are a party. In "two party consent" states it may be illegal to do so, and the tapes will probably not be admissible in legal proceedings.

  7. #7

    Default

    Kansas is a one party state, and we have used a script given to us by an attorney.

    Also, "acceptable arrangement" or not, if I pay the bill, I pay the bill, and they have no legal reason to continue calling. After that it's harassment, which is illegal.

    Now Bill, if I asked YOU for documentation of a debt when you had me on the phone, would you mail me a copy?

    If you are a debt collector, I hope you are one who "plays by the rules". If not, you deserve to be sued.

  8. #8
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default

    Quote Quoting Bill Collector
    Just to let you know...

    1. If you did not get the collectors' permission to record the calls they are inadmissable as evidence.

    2. The just have to SEND the letter within 7 days of the initial contact. If they don't have the correct address or you don't receive it, that is not their fault.

    3. In order to make the agency stop calling, you must submit a request to cease and desist via writing and prove they received it (certified mail). Some agencies will agree with a verbal C&D but most don't. Telling them that you are not accepting their calls is NOT the same as a cease and desist. It is the equivalent of "I'm not listening to you..." It doesn't mean they'll stop talking.
    1. Depends on where you are like Aaron said. and keep in mind that in the beginning of many phone calls, you are told that they 'may be recorded for quality assurance purposes', if the employees are aware that there is the potential for being recorded, and they still call, that so equals consent to be recorded. you can also take the "may" in the above statement to mean that they are giving you permission to record instead of meaning that it might be recorded.

    2. They have to send it within 5 days, not 7. you'd think a bill collector would know that.

    3. Nowhere in the FDCPA does it require a D&D to be written. while it is ultimately better to send one via certified mail so as to have proof they received it, recording the phone call accomplishes the same thing.

  9. #9

    Default

    Our calls are recorded after telling them that "to assure compliance with the Fair Debt Collections Practices Act we are recording this phone call. If you do not wish to be recorded, you need to hang up now. Your continued speaking gives us your permission to record this call. How can I help you?" So they know that if they keep talking, we have their permission to record the call. And if they keep talking, we keep recording. But, even if we did not inform them, Kansas is a one party consent state, meaning that all we have to do is waive our right to privacy with regard to the call and we can record anyone without them knowing it's being recorded. Look it up.

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