Two Powerful Prosecutors Go After Debt Collection Agencies

In recent news it was revealed that powerful prosecutors in Louisiana and Washington made announcements of actions they had obtained against debt collection agencies and their owners and managers.

Louisiana’s attorney general James Caldwell announced on Friday that his office had gotten a hold of injunctions against two collection agencies and their owners. On the same day, Rob McKenna, Washington’s Attorney General said that his office had settled charges with a collection company that had promised to stay on the straightened arrow. In a press release, Caldwell’s office said that in late December they had obtained an injunction against Bush and Kennedy, Inc, a Baton Rouge based collection agency. The order he won placed restrictions on the business, banning them from operating further, and specifically, ordered that two of the firm’s principals, Quay W. Pattott Jr, and William S. Fesguson were banned from conducting business together.

Late last week, a judge slammed Ferguson and Parrott with added injunctions as per the request of Caldwell’s office. Ferguson is banned from using unfair and deceptive practices and acts at his current place of business, Franklin, Grant and Associates Incorporated, a collection company based out of Metairie Louisiana. Parrott is completely restricted against conducting any new business at his new place of work, Metairie based Halsey and Associates, LLC.

McKenna’s Washington office said that Topco Financial Services Inc, a Washington based collection agency agreed not to threaten, harass or curse out debtors as part of a settlement. The collection agency has been ordered to pay around $38,000 in legal fees and penalties. An additional $82,000 in fees and penalties were suspended provided that the company agrees with the settlement terms.

As per the agreement, Topco is restricted from harassing, intimidating, threatening and embarrassing debtors, including using profanity. They are banned from implying that failure to pay a delinquent bill will result in suspension, a revocation, or impairment of the debtor’s driver’s license. They are no longer allowed to threaten debtors with impairment of their credit rating. However, the company is allowed to legally report debts to credit reporting agencies.

Mallory Megan works for a debt collection company. She also composes articles on business and finance, consumer spending and collection agencies.

Collection Industry Tries A Different Approach In A Rough Economy

The Collections industry’s tactics may be taking a turn for the….better? Keeping in mind the number of recent lawsuits against debt collection agencies, ACA International, the largest trade group of professional creditors and collectors, claims more and more collection companies are working towards training collectors to take a more of an empathetic position.

Empathy might just be the gameplan that can turn the industry around. Many people in debt are being called by various collections agencies, and if they do obtain money, they aren’t going to want to give it to the aggressive threatening collector, they will give it to the person they can work with.

As agencies are perfecting training courses to include advice on how to be gentler with consumers, there will be a change of focus that includes being put on coaching, mentoring and counseling debtors, rather than aggressively threatening them. Trainees are urged to reflect on their personal experiences with collectors or someone that they know has dealt with them.

One recent trend has been to suggest that debtors speak with their parents or grandparents about taking out a loan against their life insurance policies or reverse mortgage against their house. The bill collectors who utilize this technique claim that our grandparents remember the Great Depression. They might not want this generation to experience that kind of pain and may be more prone to take a loan against the life retirement account or the life insurance policy.

Collectors who adhere to this philosophy think that it is in actuality a positive thing. They claim that it doesn’t hurt anyone. If a person borrows against life insurance it might be preferable to borrowing against a 401(k) or a retirement plan. That is because the person will be counting on that money to live on.

Wrong or right, it would do the collections industry some good to evaluate its situation, and look for new innovative ways to collect in a suffering economy.

Mallory McGuinness works for a debt collection company. She also writes articles on business, finance, the credit industry and collection agencies.

On The Phone With A Debt Collector

If you owe money to a creditor, debt collection agencies can report your debt to credit bureaus, file suits against you, and should be taken very seriously. The best way to protect yourself and your finances is a methodical approach. First, know why you are being contacted. Know what the debt is from and exactly how much it costs.

Request the name of the the creditor,the person calling and the agency’s address and fax number. You have the authority to tell a collector over the phone that you want all future contact to be in writing. Follow up all requests with a written request.

Keep in mind if you tell the collector not to contact you at all it is entitled to call you once more to let you know how it plans to proceed. Another request that can be made is that you are the only person that should be contacted. It might be a good idea to keep a file including dates and details of phone conversations and when you send or receive letters.

If you do send any correspondence in writing to the collections company do this by Certified Mail, Return Receipt Requested. Utilizing this service guarantees that the letter reached the collector, giving you a signed receipt as proof. If you work out a re-payment plan over the phone, request the terms of the plan in writing. Any promise to remove or adjust credit history should also definitely be documented.

Make sure that you pay the right party; payments should be made out to the collections agency, not the creditor, unless you have been otherwise instructed to do so. Carefully look over the amount you are being asked to pay. Get to know how much interest, fees or charges that have been added.

If you feel like your bill collector is being abusive or hostile, make sure that you mention it to the agency and always keep this complaint on file. The last thing to remember is do not ignore a collector. Even if you feel that the debt is not yours; they will continue to call and it may mean more trouble and time in the long run.

Mallory Megan writes articles on business, finance, the credit industry and collection agencies.

Negotiating With Credit Card Collection Agencies

Collection agencies devoted to credit card collections have in recent times become busier and busier. This is because more and more people are having trouble keeping up with their bills.

Typically, the problem begins with one missed payment. This missed payment will likely mean that you are assessed a late penalty, which in turn might mean that you exceed your credit limit. When this happens you are assessed another penalty because of credit limit overages. Now, you may be $100 or so over your credit limit and you still haven’t paid your monthly minimum payment.

Before things get worse, it is best to contact your credit card provider and explain your situation. Most credit card providers are willing to work with you. It is best to put a stop to things at this point instead of letting things get out-of-hand, resulting in the credit card provider selling your debt to a credit card collection agency.

Debt sold to a credit card collection agency will normally be purchased at a fraction of what you actually owe, typically for cents on the dollar. As credit card collection agencies make their bread and butter from collecting as much as possible from those who owe debt which they have subsequently purchased, they may at times be harassing and even threaten legal action.

In reality, most credit card collection agencies would prefer to work with you to obtain payment of the debt than to launch a legal action which will be time-consuming and costly. If at all possible, this would be a good time to offer to pay the debt in full at a reduced amount. Make sure that the resulting agreement is in writing, that you retain copies of all the negotiation documentation, and mail all correspondence to the credit card collection agency by certified mail, return receipt requested.

Typically, it is a good idea to begin the negotiation somewhere around 25% of the original balance. Though this sounds low, remember that the collection company probably purchased your entire debt at only about 10% of the original amount. It is likely that the collection company will decline this offer and will issue a counteroffer, which you then should counter as well. This will continue until you either come to an agreement or the negotiations discontinue.

If no agreement is reached, the credit card collection agency may lose the momentum for collecting your debt. It may determine that collecting a smaller amount is better than nothing at all. It may also decide that selling the debt to another credit card collection agency is a better idea. If this happens, the process will begin yet again and run its course.

It is good to remember that at any point in this process, beginning with the credit card provider itself, a legal action could be filed against you. Additionally, your credit score is continually and quickly decreasing. A court judgment will annihilate your credit score even more.

Midland Credit Management Ruined my Life. What I Did to Get Revenge.

Attorney Generals Say To Collection Agencies “Enough is Enough!”

Almost everyone who has been in debt has received the dreaded phone call from a collections agency. But sometimes one phone call turns into twenty, and even worse, an agent may be aggressive and threatening on the phone.

While it may be true that collections agents are trying to collect a legitimate debt, more and more negative attention is being focused on unfair and aggressive policies that some companies have been using.

Some of the more threatening policies caught the eyes of James Caldwell, Louisiana attorney general and Washington attorney general Ron McKenna who have both pledged to make accounts receivable management firms and their owners take more accountability for their behavior.

Already, Caldwell has swiftly obtained injunctions on January 8th against two collection agencies that were not following proper procedure with the standards that have been set for obtaining debt.

On that very day McKenna also stated that his office had just come to an agreement with a collection agency that agreed to follow the new restrictions that have been established.

Some of the new boundaries that these collection agencies must comply with include more effective communication. This means that any harassment, intimidation, threats, profanity, or attempts to embarrass the debtor are now out of the question.

With these new settlements, these collection agencies under scrutiny will no longer be able to intimidate debtors through implications such as failing to pay a debt will result in a suspension of the debtor’s driver’s license.

Lastly, although it is lawful for these collection companies to report debts to credit reporting agencies, they are no longer allowed to threaten debtors with impairment of their credit rating.

Although collections agencies are justifiably trying to collect a legitimate debt, there are two issues to consider. People who owe money are just that people, who deserve to be treated with respect and dignity. More importantly, if a debtor is terrified of an aggressive collections agent who calls them constantly they very well might just stop picking up the calls, leaving themselves in debt, and the collection agencies with nothing.

Mallory McGuinness-Hickey works for debt collection agency Rapid Recovery Solution and does free lance writing about the business world.