I am doing battle with the nastiest NJ collection agency woman who

[henslee]

is not only screaming at me but telling me to tone it down at the same time. She won't give me her last name. She has illegally attached 10% of my mom's wages for an old phone bill -- never serving her correctly or ever notifying her of anything. I even think the bill was paid. I looked them up on the internet and there are a ton of others vicitm like me of this same outfit. Any one else go through anything like this?

[blackcatpgh]

1. get an air horn

the kind they use at sports events -- and blast it through the phone's mouthpiece the next time she tells you to "tone it down."

i've never had to deal with collection agencies, outside of the ones that call for the woman who had our phone number before us. 4 years later, and they're still calling for her. sometimes they don't believe us when we tell them that she isn't at this number anymore.

good luck.

[KitchenWitch]

2. Here is a link to the Fair Debt Collection Practices Act

I hope this helps you get some leverage with her. You may have to refuse to work with her, and ask to work with the original creditor.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

[Gormy Cuss]

6. I second this.

Invoke language directly from the Fair Debt Act. Also complain at the FTC site.
If she works for one of the large offenders, showing that you know the law may be your best recourse.
I had to do this to stop an unnamed Major Agency Based in Buffalo from calling me while looking for someone with same surname but different first name, and my surname isn't uncommon.

And you should contact the original creditor too.

[henslee]

13. Thank you and everyone.

[northzax]

3. call the Better Business Bureau

and complain. Then call a debt counseling agency and ask for help in what to do.

[catmandu57]

4. I like the airhorn

Blast the bitch back to the hell she came from. Then deal with the original creditors.

[leftyladyfrommo]

5. Get ahold of the original creditor

They need to contact the collection agency and have the matter settled.

You will probably never get it settled by fighting like you are now. And those people have those jobs because they are excellent at being horrible.

[LostinVA]

7. Which agency is it? Because they have broken the law.

[KitchenWitch]

8. Another thing...get in touch with your mom's state AG's office!

I know Minnesota's Attorney General is a bulldog for this sort of thing. (Well, he is a Democrat too).

[SaveElmer]

9. You are not obligated to speak to them in person...

All communication should be in writing...and do not let them bully you with threats that they will expose your debt situation to your boss, or to others...that is patently illegal.

[Cats Against Frist]

11. If they even hint that they're a collection agency

or they're calling to settle a debt, you can sue them. They also cannot contact employers, friends and family members once that employer, friend and family member has spoken with them, and either said, "I'm not giving you their number," or "They don't live here, anymore," or "Fuck off, bottom-feeder," or whatever they want to say.

They also cannot accuse you of a crime. Meaning -- if they say anything like "so you don't want to pay your debts," or "you like to bounce checks" (which is what the asshole said to me -- see story below), then you can file a complaint.

There are also only VERY SPECIFIC circumstances under which they can threaten legal action -- so watch for that, too.

Read it, Love it, Know it:

The Fair Debt Collection Practices Act

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

[Cats Against Frist]

10. A While Back,

I had a collection agency call me for a $89 bill to Puget Sound Energy that I'd forgotten that I had, when I moved from Seattle.

SO, I was very nice, yet belittling, to the guy, on the phone, and paid him, using a check by phone.

About two weeks later, I get a call from him. I was pissed off, because I paid the damn bill, and wanted to never hear from him again. I was aware, however, that the check had never cleared my bank, so I answered the phone.

He was an ASSHOLE. He accused my check of bouncing -- and I said that my records showed that the collection agency never presented the check to the bank. If someone presented a check that would overdraft my account, my bank would pay the check, and then charge me 30 bucks for it. He insisted that I pay the bill, and IN ADDITION, pay a $35 bounced check fee. I told him that something must have gone wrong, and that I would re-pay the original amount, but I wasn't going to submit to his bullshit fee. He started SCREAMING at me, accused me of a crime (ILLEGAL, thank you) -- deceptive practice -- called me a bunch of names, including "loser," -- I mean this guy went off the DEEP MOTHEFUCKING END. Then, he threatened legal action, and he hung up on me.

I called up, asked to speak to this asshat's supervisor, filed a formal complaint, told them that I was not going to pay through their company unless they fired the employee, and that I would lodge a complaint with PSE, as to the professionalism of their contracted collection agency. During this process, I found out something interesting -- the guy kept saying his name was "Shawn," but the supervisors to which I talked, kept calling him "Steve." I know phone places change names for foreigners, to make it easier, but this guy was fucking American as Oklahoma.

At any rate, the supervisor placated me, said that "Shawn" would be suspended, and I thought she was rather nice, so I went ahead and paid the bill. COME TO FIND OUT, when the recording of my previous call was played, it showed that I had read the exact same routing numbers, both times, but that FUCKING IDIOT copied one of the numbers wrong. The banks just refused it, without explanation, and it didn't look any different than if I'd bounced a check.

I'm sorry -- I understand that people have to put food on the table, and all -- but collection agents are bottom feeders. In my young and irresponsible days, I had plenty of run-ins with them, and they were always major-league assholes. Their job is harrassment, and they're no better than people who signed up as uniformed, gun-toting private militias for the fascist companies, in the pre-union days.

[henslee]

12. Way to follow through. The way some of these people are wired... so

full of venom. It is bizarre. Wow, so you actually heard your own phone call.

[no name no slogan]

14. I used to do collections, and we NEVER used our "real" names

however, we each had a "work" name that was associated with us. Why? Fear of harassment and privacy.

People who do collections are like anybody else-- we had bills to pay, and collection work paid them. I didn't like what I did, but when you're living in your car, you take what you can.

[Susang]

16. Did you know that using that fake name was illegal?

Found that out while going through bankruptcy earlier this year. One of the many rules collection agents break on a daily basis.

I understand that they are fellow human beings, but they sure don't treat the people they call with much dignity. There was absolutely no need for the things that were done and said to myself and my husband, all over money. It was despicable and foul.

[no name no slogan]

17. I did this 15-20 years ago

So the rules may have changed since then. I did collections for a bounced check recovery service. 99% of our calls were pretty quiet-- most people had inadvertantly wrote a bad check and took care of it. However, there was 1% who would KNOWINGLY write bad checks-- and would even say so to our faces.

Most of our clients were small- to medium-sized businesses who ran on small margins, so they could hardly afford to let bad check-writers get away.

We were calm and professional, and would not raise our voices-- if we did, we could be fired for doing it. And believe me, we got plenty of verbal abuse.

It's a thankless job, but if you run a small business you can't afford to let every Tom, Dick and Harry take advantage of you.

[Susang]

15. Here's some info that helped me when I was in trouble

Q: What types of debt collection practices are prohibited?


A: Harassment

Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not:

* Use threats of violence or harm
* Publish a list of consumers who refuse to pay their debts (except to a credit bureau)
* Use obscene or profane language
* Repeatedly use the telephone to annoy someone

False statements

Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:

* Falsely imply that they are attorneys or government representatives
* Falsely imply that you have committed a crime
* Falsely represent that they operate or work for a credit bureau
* Misrepresent the amount of your debt
* Indicate that papers being sent to you are legal forms when they are not
* Indicate that papers being sent to you are not legal forms when they are

Debt collectors also may not state that:

* You will be arrested if you do not pay your debt
* They will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so
* Actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action

Debt collectors may not:

* Give false credit information about you to anyone, including a credit bureau
* Send you anything that looks like an official document from a court or government agency when it is not
* Use a false name

Unfair practices

Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

* Collect any amount greater than your debt, unless your state law permits such a charge
* Deposit a post-dated check prematurely
* Use deception to make you accept collect calls or pay for telegrams
* Take or threaten to take your property unless this can be done legally
* Contact you by postcard


http://www.lawyers.com/lawyers/A~1001947~LDC/FAIR+DEBT+COLLECTION.html
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm

[WilmywoodNCparalegal]

18. My experience with a bad one was really scary...

I work in a law firm and I'm not stupid about my rights; I am aware about consumer laws such as the collection practices and Fair Credit etc.etc.etc. So, someone called our office asking for me by one of my name's nicknames which is also applicable to men. I never EVER use that nickname. But our stupid intern picked up the damn phone and passed the call on to me. So, I get on the phone and I make the mistake of providing my full name and when he said the nickname I said "Yes, it's me" (then again, I'd never would have thought this was going to happen). and this guy calls himself "Investigator Steve" and starts screaming about a warrant for my arrest for non-payment of one of those payday loans (a/k/a loan sharking, but that's another topic for another time), something I have never done (or will ever do). This guy then screamed that I was a fugitive from the state of Missouri (never lived there. I've never even been through the state or visited it, except for flying over it) and they would catch me and arrest me and deport me (I guess because I have an accent???). Anyway, since I'm not stupid about the law, I asked this guy under whose authority he was issuing the arrest warrant: is he the police? Whose county/state/city? Is he from the office of some district attorney? As soon as I asked these questions, he hung up.

I didn't think much of it, until I got a frantic call from my mother in law that this guy, Investigator Steve, had called looking for me and that I was wanted in Missouri and they would come to arrest me! Funny enough, if I'm so wanted in Missouri, why are they calling a New York City number? I guess they had found my mother in law's number by simply doing a $10 check on my name (my full name is very distinctive and it would not take much to find it) that shows all your relatives, neighbors etc.

Then, my dad calls frantically from California saying another guy, Detective John, is saying I am wanted in many states and I have abandoned my place of work because I am a fugitive. Until then, my dad was not aware that companies such as this one (more on this below) exist and they prey on people who believe their empty threats, not to mention that they often target people who owe nothing at all. Needless to say, my parents were worried. So I called on of the attorneys I work with and a coworker as witness and we called a number that I was given back to talk to the 'investigator' and 'detective.' I asked to repeat the social security number of the person and that number was not mine. So, my coworker attorney comes on and starts asking questions about who licensed these people as 'investigator' and 'detective,' what authority, where they are calling from etc. They hung up.

I then researched the phone number which led me to Ellis Crosby & Associates, an outfit in Florida that has (obviously) no police powers and one that is being sued by the Florida Attorney General. I read the complaint online and it was a very sad document to read. Many people have actually believed they were going to be arrested and ended up paying lots of money, even if they did not owe it, just to ensure they would not be 'arrested.' People were threatened and a pregnant woman was even told that she needed to pay immediately because pre-natal care in jails was not very good.

I filed the usual complaints with the Better Business Bureau and the Florida Attorney General. Just recently, I got an affidavit to fill out. The moral of the story is simple: there are companies out there that will go to extremes to make a buck out of anyone. Even if I owed these people 1 cent, I would never ever pay them. They are scum and, more than that, they are criminals.

[Cats Against Frist]

19. Sounds horrible

It reminded me of another bad creditor experience that I had. I signed up for a health club, for a trial membership. The contract EXPLICITLY stated that if you moved out of the area, you did not have to sign on for the full membership. I moved to Seattle, in the summer of 2000, and I filled out their form -- which, at the time, was what the desk clerk was ALL I needed to do, and proceed to move.

About two months later, the phone rings at my NEW BOYFRIEND'S house, at six o'clock in the fucking morning. I answer it, and it's some creditor with the health club company accusing me of not providing the right documentation to confirm my move. I said, "Do you think I DIDN'T move?" And the guy said, "I can't really be sure," and I said, "LOOK AT THE FUCKING AREA CODE THAT YOU CALLED, YOU DUMB FUCKWIT -- YOU CALLED ME IN SEATTLE!!!"

To this day, that shit is STILL on my credit report, and, truthfully, I haven't really followed up on it, because I haven't heard anything from them. I figure it will drop off, eventually. They want proof that I moved to Seattle, and the only obscure document that they would accept had to be dated before 30 days after I moved. I didn't sign a lease until two months after. The only proof that I had, that they would accept was bank-signed paper proving I opened an account with Washington Mutual. I have no idea if WaMu still has those records, since I closed my account in 2003.

I fucking hate these people.

[philosophie_en_rose]

23. Wow. Makes me want to check my credit report.

If I were in your position, I'd challenge their entry on my credit report. The credit reporting agencies will make them verify their claim.

www.freecreditreport.com

[MarianJack]

26. ABSOLUTELY!

You have a RIGHT to do so. Also to make a statement on your report, too!

[MarianJack]

20. I'm Doing Collections Now,...

...and I'm not crazy about the turn my career has taken, but it's better than no job.

You can probably tell that, since I've been a member of this site for almost 3 years, have almost 3000 posts and have been in exactly 1 flame war, I'm usually pretty respectful of others.

I hate reading about the people who get abused by asshole collectors, mostly because I know that the stories are true.

The thing that amazes me about the asshole collectors is this: THEY DON'T HAVE TO BE ASSHOLES!

In the 10 weeks I've been with this company, I've become the second highest producer in my office. I am VERY nice to the people I call. When I get someone to engage in a conversation, we usually work out a plan for payment that works for both of us. It's amazing how people will work with you when you respect and understand them. I've had some people yell at me. With some I've been able to build a rapport, with some others, not. Often the consumer has other collectors calling them, too. I've found MANY people are paying me because of how I treat them, as opposed to those who tell them to go rob a bank.

In our company, we make bonus money based on production. In January, my first full month, I made bonus and am 75+% of the way there this month. Some of the people in my office see this and are STILL acting like assholes to their consumers. I've told ChicaAzul that if I attain a supervisory position in this company, MY team will treat people RIGHT!

Many of the asshole collectors in my office are very young people who get off on being nasty to people. They also have some very fucked up views on life and many are (GASP) right wingers.

Some earlier posters listed some of the rules that collectors have to abide by. If you are dealing with a collector who doesn't know these rules or chooses to ignore them, CRUCIFY THEM! I am stunned by how many people TAKE SHIT without protest.

BTW, I always give my real name (at least my nick name. My legal name is JOHN, but I've been JACK since I've been an infant), my last name if asked and company name if asked. Even if a person taking a message speculates correctly about why you are calling, you cannot confirm without the consumer's permission. All you can say is that it's personal business and not a sales call.

Also be aware that you have a RIGHT to put a statement in your credit report.

PEACE! Now putting on my fireproof clothes.

[sendero]

21. I hope you have asbestos underwear..

... because you might need it someday.

But as for your collection work, well it is a job and your only obligation is to be humane about it. Sounds like you are.

Yes, honey attracts more bees than vinegar, but some people just cannot help themselves. We are lucky in that we don't have debts for collection, but we did recently get a call from someone trying to collect on a debt for my wife's ex-husband. The women tried all kinds of bullshit, but my wife is no dumbass and after listening to the asshole's bogus threats for a couple minutes, informed her that she was full of shit and that she had no legal obligation for her ex's debts and that she'd better not hear another word. And she didn't :)

[MarianJack]

22. What Is Needed...

...is for more people to stand up for their rights as your wife does.

It is sad that so many people are afraid to do that now, many because they fear (sometimes correctly) that some self-righteous dip-shit will point at them and yel "terrorist".

One positive is that I believe I've forced others in my office to tone down on their racist talk. Having somebody with a picture of his Hispanic wife and African Ameicam son who is also a target that fires back will tend to do that!

Peace!

[henslee]

24. Good for you. I called my collector and she was nasty from the get go...

Here is the entire scenario as it played out.......


First off, after receiving notice from state court that my mom's wages are being garnished (10%) I called their law office/debt colection agency. Note: she is retired so garnished wages are not a factor. Still, we want to clear things up... So....

Me: My mom knows nothing of this judgement or the debt.

She: you can''t speak for your mom.

Me: my mom is right here, she will give me permsission.
(mom gets on the phone and tells her i am speakng for her)

Me: Seeking any info on the garnished wage judgement regarding Jane Doe. Can she send me a file/facts w/ details to the following addresss?

She: (disgusted that she did not avoid talking to me)You can get the info from the court. Here is the date of the judgement. You know, this debt is five years old and that we've been in contact with your mom many times.

Me: My mom has not been in contact with you. And here is the judgement# the marshalls office that served the notice of garnishing, told me to share with you...I gave her case number.

She: I have no idea what thet number is. Does your mom still live in Toledo?

(My mom never lived in Toledo... she let a relative put a utility bill in her name a year ago and the account is in good standing -- at this point i suspect that this company erroneously served papers on my mom in the wrong state based on this stray fact)

She: Does your mom live in Toledo.

Me: Look, I was told by the marshall's office that you would be able to provide me with information regarding my case. Are you able to do this?

She: (snarling, screaming as she was most of the conversation) Lower your voice sir.

Me: I'm not shouting. I'm just asking for a copy of any paper work so I can verify this debt and take care of it if it is true and owing. Can you do this for me?

At this point the phone went dead.

[MarianJack]

25. Holy Moley!

I really hope you crucify this woman!

When somebody tells me that their debt is not a valid one, I don't just automatically believe them, but I do ask them to fax me a verification of what they say and then I close the account.

In my (very) brief experience, I've found that most of the people I've been able to engage usually know that they owe a debt and are willing to work with me when they hear me treat them with understanding and respect.

Yesterday, it amazed me on 2 separate occasions how some of the dipshit collectors in my office were laughing at the totally POINTLESS, not to mention illegal, confrontations and insult exchanges others were getting into while I was SIMULTANEOUSLY taking calls from consumers who CALLED ME. They were each responding to respectful and discreet answering machine messages and they both started the call with "Hi, Jack. This is __________________ and I'm calling to make a payment".

The other people got nothing. I collected 2 payments for $700+ and one of the consumers wished me good luck at a dentist appointment.

Gee, I must be doing something wrong! :think: