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CylonRed
Premium,MVM
join:2000-07-06
Bloom County
reply to AZinOH

Re: Collection Agency...What Is Typical?

Since he is living with you - a collection agency will try and get you to agree to pay his bills if you answer their phone call. If you do this - then you are on the hook.

I believe Clark Howard has information on what they can and can't do - ClarkHoward.com

»www.clarkhoward.com/categories/c···gencies/
--
Brian

"It drops into your stomach like a Abrams's tank.... driven by Rosanne Barr..." A. Bourdain


AZinOH

join:2007-04-25
Swanton, OH
kudos:1

said by CylonRed:

Since he is living with you - a collection agency will try and get you to agree to pay his bills if you answer their phone call. If you do this - then you are on the hook.

I believe Clark Howard has information on what they can and can't do - ClarkHoward.com

»www.clarkhoward.com/categories/c···gencies/

Not sure I understand the meaning of this. I won't agree to pay his bills. How could I possibly be held legally responsible just because I allow him to sleep here? Because I answer their phone call?


CylonRed
Premium,MVM
join:2000-07-06
Bloom County

3 edits

Once someone agrees to it - it is effectively a contract with the agency. Same reason that if a collection agency is calling on a bogus or incorrect unpaid bill and you say you owe it - you are on the hook and the time they can try and collect is reset. Collection agencies try and call a lot with collections that are nearing the time limit to collect so they can try and reset the time to collect.

This is also the same reason collection agencies try to call anyone with the same last name and lives nearby. They hope it is a relative and if they can get the relative to say they will pay it...

»www.clarkhoward.com/news/clark-h···d/nFwFZ/

Rights and Drop Dead Letter...
»www.clarkhoward.com/news/clark-h···s/nHRHp/
--
Brian

"It drops into your stomach like a Abrams's tank.... driven by Rosanne Barr..." A. Bourdain



PeteC2
Got Mouse?
Premium,MVM
join:2002-01-20
Bristol, CT
kudos:6
Reviews:
·Comcast
reply to AZinOH

said by AZinOH:

said by CylonRed:

Since he is living with you - a collection agency will try and get you to agree to pay his bills if you answer their phone call. If you do this - then you are on the hook.

I believe Clark Howard has information on what they can and can't do - ClarkHoward.com

»www.clarkhoward.com/categories/c···gencies/

Not sure I understand the meaning of this. I won't agree to pay his bills. How could I possibly be held legally responsible just because I allow him to sleep here? Because I answer their phone call?

You can not be held legally responsible (unless you were foolish enough to agree), however, they will call you, even after he leaves your residence. Tell your nephew that under no circumstances may he use your address or home phone number.

One of my kids who was not even living with me at the time, gave a collection agency my phone number. It was a bear to finally get rid of them!

Not saying that your nephew shouldn't pay his just debts (he should, and frankly, if I had a wayward nephew staying with me, I would not shelter him if he was flat-out refusing to pay his debts), however, these collection agencies are almost without exception a sleazy bunch of barely-legal weasels with no concern over right and wrong.
--
Deeds, not words

mocycler
Premium
join:2001-01-22
kudos:1

2 recommendations

reply to CylonRed

said by CylonRed:

Since he is living with you - a collection agency will try and get you to agree to pay his bills if you answer their phone call. If you do this - then you are on the hook.

If you mean "agree to pay his bills" because some guy called and asked you to, that's 100% bullshit.

Unless they have your signature on something, you're not on the hook. Keep in mind they may try to bully you into thinking you are obligated to follow through on a verbal agreement but there is no legal meat behind it. They can't make a third party pay based solely on what was said during phone call, nor is there a penalty for not keeping your word.

To the OP: It sounds to me that you are creating a problem where one does not need to be. Nephew is staying with you "temporarily," so ask him not to use your address or phone number for his personal business and there will be no reason for you to be involved to begin with. Why does anyone need to know he is crashing at your place? If he is uncooperative and his creditors start chasing you...oh well. That's the price you pay for taking in a deadbeat.

Offer to pay for a PO box. Some private vendors like the UPS Store have an actual street address so no one even knows it's just a mail drop. It's cheap insurance for keeping his hassles from becoming your hassles.

And whatever you do, don't sign anything associated with your nephew!


pcdebb
RIP lil hurricane
Premium
join:2000-12-03
Brandon, FL
kudos:5
Reviews:
·Bright House
reply to CylonRed

said by CylonRed:

Once someone agrees to it - it is effectively a contract with the agency. Same reason that if a collection agency is calling on a bogus or incorrect unpaid bill and you say you owe it - you are on the hook and the time they can try and collect is reset.

the debt cannot be reset/re-aged because of something verbal. sending an actual payment is what consummates the deal. Unless this has changed in the last few years.
--
| map your city |


CylonRed
Premium,MVM
join:2000-07-06
Bloom County

Unless Clark Howard is being paranoid but the collection agency will have you recorded identifying yourself, the debit and then your admissions that you owe it. Clark has said for the last couple of years that simply saying you owe the debit is enough to reset it (it could be a state by state thing as well).
--
Brian

"It drops into your stomach like a Abrams's tank.... driven by Rosanne Barr..." A. Bourdain



faughro

join:2007-04-10
New Port Richey, FL
reply to CylonRed

This is the law the governs collection agencies:
»www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm

Some agencies may not follow the law but if they do not there are steps you can take.



faughro

join:2007-04-10
New Port Richey, FL
reply to pcdebb

Payments do not re-age a debt. Once a dept is charged off - which normally occurs prior to going to collection - the charge off date is what is used to determine the seven years.

Any collection agency calculating the date in any other manner is violating the FDCPA



Draiman
Let me see those devil horns in the sky

join:2012-06-01
Kill Devil Hills, NC
Reviews:
·Verizon FiOS

said by faughro:

Payments do not re-age a debt. Once a dept is charged off - which normally occurs prior to going to collection - the charge off date is what is used to determine the seven years.

Any collection agency calculating the date in any other manner is violating the FDCPA

It depends on the state as to what a payment does.

"Make a partial payment on the debt. In some states, if you pay any amount on a time-barred debt or even promise to pay, the debt is 'revived.' This means the clock resets and a new statute of limitations period begins. It also often means the collector can sue you to collect the full amount of the debt, which may include additional interest and fees."

»www.consumer.ftc.gov/articles/01···ed-debts
--
What we're saying today is that you're either part of the solution or you're part of the problem. - E. Cleaver 1968


craig70130
Premium
join:2004-04-27
New Orleans, LA
reply to faughro

said by faughro:

Payments do not re-age a debt. Once a dept is charged off - which normally occurs prior to going to collection - the charge off date is what is used to determine the seven years.

The 7 years should be from the date of last activity (meaning you making a payment), not the charge off date.


faughro

join:2007-04-10
New Port Richey, FL

You are correct, for some states - I was stating for my home state of Florida the charge off date is considered the last activity date even if a payment is made after the charge off. I should have been more clear in the information I was providing.



pcdebb
RIP lil hurricane
Premium
join:2000-12-03
Brandon, FL
kudos:5
Reviews:
·Bright House
reply to CylonRed

said by CylonRed:

Unless Clark Howard is being paranoid but the collection agency will have you recorded identifying yourself, the debit and then your admissions that you owe it. Clark has said for the last couple of years that simply saying you owe the debit is enough to reset it (it could be a state by state thing as well).

might be a state by state thing, but i can't see this being legit in any case. i can be the evil twin answering the phone and giving the answers you seek just for the hell of it. collection agencies will tell you anything to scare you into forking over money. not everyone knows the rules and regulations of the fair credit reporting act. I've had my share of dealing with them back in the day and learned plenty from them and their tactics (not everyone that ends up dealing with them are deadbeats)
--
| map your city |


pcdebb
RIP lil hurricane
Premium
join:2000-12-03
Brandon, FL
kudos:5
Reviews:
·Bright House
reply to faughro

said by faughro:

Payments do not re-age a debt. Once a dept is charged off - which normally occurs prior to going to collection - the charge off date is what is used to determine the seven years.

Any collection agency calculating the date in any other manner is violating the FDCPA

In our good ole state of Florida it does.

Edit: Actually, things may have changed since I've had to deal with things. We're talking about 10 years in my case. I retract my statement.
--
| map your city |


Draiman
Let me see those devil horns in the sky

join:2012-06-01
Kill Devil Hills, NC
Reviews:
·Verizon FiOS
reply to pcdebb

said by pcdebb:

said by CylonRed:

Unless Clark Howard is being paranoid but the collection agency will have you recorded identifying yourself, the debit and then your admissions that you owe it. Clark has said for the last couple of years that simply saying you owe the debit is enough to reset it (it could be a state by state thing as well).

might be a state by state thing, but i can't see this being legit in any case. i can be the evil twin answering the phone and giving the answers you seek just for the hell of it. collection agencies will tell you anything to scare you into forking over money. not everyone knows the rules and regulations of the fair credit reporting act. I've had my share of dealing with them back in the day and learned plenty from them and their tactics (not everyone that ends up dealing with them are deadbeats)

There are one-way and two-way recording laws but none that allow you to record a conversation without any consent at all. If they just started recording without your permission and you found out they'd have a lawsuit on their hands. Clark Howard loves drama that's his job after all!
--
What we're saying today is that you're either part of the solution or you're part of the problem. - E. Cleaver 1968


AVD
Respice, Adspice, Prospice
Premium
join:2003-02-06
Onion, NJ
kudos:1
reply to CylonRed

said by CylonRed:

Since he is living with you - a collection agency will try and get you to agree to pay his bills if you answer their phone call. If you do this - then you are on the hook.

I believe Clark Howard has information on what they can and can't do - ClarkHoward.com

»www.clarkhoward.com/categories/c···gencies/

Hang up the phone.
--
* seek help if having trouble coping
--Standard disclaimers apply.--


AVD
Respice, Adspice, Prospice
Premium
join:2003-02-06
Onion, NJ
kudos:1
reply to Draiman

said by Draiman:

There are one-way and two-way recording laws but none that allow you to record a conversation without any consent at all.drama that's his job after all!

You understand what a one party recording law means right?
--
* seek help if having trouble coping
--Standard disclaimers apply.--


Draiman
Let me see those devil horns in the sky

join:2012-06-01
Kill Devil Hills, NC
Reviews:
·Verizon FiOS

said by AVD:

said by Draiman:

There are one-way and two-way recording laws but none that allow you to record a conversation without any consent at all.drama that's his job after all!

You understand what a one party recording law means right?

I have a lawsuit against a collection agency right now involving illegal recording among a few other issues. There's so many twists to the laws. Do you know none of that applies if the collection agency calls from another state? They need all party consent no matter if they are calling from a one party consent state to a different one party consent state. Interstate calls become all party calls per the FCC. There are quite a few other twists and bumps in the laws that the average person doesn't know either. It's amazing what a lawyer can teach you.
--
What we're saying today is that you're either part of the solution or you're part of the problem. - E. Cleaver 1968

reply to PeteC2

They cannot call you if you write to them and tell them to cease communications. You (and/or your nephew) can sue THEM for $1,000 plus costs, if they continue to call.

FDCPA -
(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

BTW - Not all debt collectors are weasels. Some are doing an honest job of collecting money that someone is trying to skip out on. All of us pay for deadbeats through higher costs.


reply to faughro

This is ABSOLUTELY INCORRECT. The FDCPA says nothing about this. The statute of limitations, which varies by state, starts counting when a) the last payment was made, or b) when the installment debt was contracted to be paid off.

Within that time, legal actions may be taken, including getting a judgment for the debtor to pay the debt AND interest. Judgments can be renewed. You will be on the hook for another decade, at least. AN interest accumulates on the judgment, above and beyond what you originally owed.

Expand your moderator at work

reply to Draiman

Re: Collection Agency...What Is Typical?

In Ohio, only ONE party needs to know the call is being recorded, not both.