dslreports logo
site
 
    All Forums Hot Topics Gallery
spc

spacer




how-to block ads


Search Topic:
uniqs
21
share rss forum feed


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

Re: Collection Agency...What Is Typical?

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 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

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 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.