Collection Agency Question

I am dealing with a collection agency for a credit card account of mine that was turned over to them. I spoke with a person to make a payment on the account. That person represented himself as an employee of the credit card company, and NOT as an employee of the collection agency. I remarked how he was the first person at the credit card company who was helpful, and he thanked me. He made numerous references to the credit card company as if it was his company, and never once disclosed his true employment status. I was transfered to him from the credit card company collections department, so I never knew who I was actually talking to. I just don't know if this is something worth persuing, or if he is allowed to represent himself in any way to get the debt paid. Any advice is appreciated, thanks in advance.

d

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by jfkfc:
I am dealing with a collection agency for a credit card account of mine that was turned over to them. I spoke with a person to make a payment on the account. That person represented himself as an employee of the credit card company, and NOT as an employee of the collection agency. I remarked how he was the first person at the credit card company who was helpful, and he thanked me. He made numerous references to the credit card company as if it was his company, and never once disclosed his true employment status. I was transfered to him from the credit card company collections department, so I never knew who I was actually talking to. I just don't know if this is something worth persuing, or if he is allowed to represent himself in any way to get the debt paid. Any advice is appreciated, thanks in advance.

d<HR></BLOCKQUOTE>


My response:

Most CC companies have their own collection departments. He may be "outsourced", but the collection is being made by the CC company itself, nonetheless. Under the FDCPA (federal Fair Debt Collections Practices Act), an independant collection agency MUST divulge, among other things, that they are a collection agency, and independent of the CC Company. Call the collector back and simply ask, "Are you, or your company, a part of the CC Company - - that is, is the CC Company collecting a debt from me on their own, or are you with an independent collection agency which is separate from the CC Company?"

IAAL

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I had called back yesterday, and I spoke with someone else at his extension that he had given me. The person told me that the guy I spoke with (who represented himself as an employee of the credit card company) was definitely an employee of the collection agency, and they are in no way corporately affiliated with the CC company. They are a totally separate entity. The CC company aparently, though they certainly have a large collection department, had turned the account over to the collection agency, for whom this guy works for. He most certainly did not ever divulge his being employed by the collection agency, and made my wife and I believe that he was part of the CC company.

Thank you for your very quick reply, and I look forward to hearing from you again.

I had called back yesterday, and I spoke with someone else at his extension that he had given me. The person told me that the guy I spoke with (who represented himself as an employee of the credit card company) was definitely an employee of the collection agency, and they are in no way corporately affiliated with the CC company. They are a totally separate entity. The CC company aparently, though they certainly have a large collection department, had turned the account over to the collection agency, for whom this guy works for. He most certainly did not ever divulge his being employed by the collection agency, and made my wife and I believe that he was part of the CC company.

Thank you for your very quick reply, and I look forward to hearing from you again.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by jfkfc:
I had called back yesterday, and I spoke with someone else at his extension that he had given me. The person told me that the guy I spoke with (who represented himself as an employee of the credit card company) was definitely an employee of the collection agency, and they are in no way corporately affiliated with the CC company. They are a totally separate entity. The CC company aparently, though they certainly have a large collection department, had turned the account over to the collection agency, for whom this guy works for. He most certainly did not ever divulge his being employed by the collection agency, and made my wife and I believe that he was part of the CC company.

Thank you for your very quick reply, and I look forward to hearing from you again.<HR></BLOCKQUOTE>

My response:

Okay. I want you to go to this site and READ THE WHOLE THING so that you are familiar with the Fair Debt Collection Practices Act, and to know what to do next. Of course, if you have any questions, come back here.
[url="http://www.consumeraid.org/debt.htm"]http://www.consumeraid.org/debt.htm[/url]

Best regards,

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

I printed out the pages from the link you posted. EXTREMELY helpful information that I will certainly use from this point forward in dealing with this or any credit agency (not that I want to make a habit of dealing with ANY collection agency!).

One question I did have was: in the list of activities by collection agencies which are illegal practices, there was nothing said about the collection agency representative disguising himself as an employee of the company with whom the debt was originally incurred with. This is the heart of my concern, maybe just as a matter of principal. With this guy from the collection agency that misrepresented himself, we made an initial payment via electronic check, and made another commitment to pay the rest via electronic check in 30 days (a post dated electronic check, I guess). We fully intend to go through with the payments, but I feel wronged that this guy was full of crap in what he made us believe. I suppose that when it comes down to it, we paid the debt, and we are done (save our credit report of course), but it doesn't seem right that he could do that. In your opinion, which I trust being that I posted here originally, is this something worth pursuing, or is it in my best interest to simply drop it, or even to call and ***** the guy out. I think I might feel better doing the latter, even though nothing may come out of it.

Thanks again for the link, the advice, and your time.

Any opinion on this?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by jfkfc:
I printed out the pages from the link you posted. EXTREMELY helpful information that I will certainly use from this point forward in dealing with this or any credit agency (not that I want to make a habit of dealing with ANY collection agency!).

One question I did have was: in the list of activities by collection agencies which are illegal practices, there was nothing said about the collection agency representative disguising himself as an employee of the company with whom the debt was originally incurred with. This is the heart of my concern, maybe just as a matter of principal. With this guy from the collection agency that misrepresented himself, we made an initial payment via electronic check, and made another commitment to pay the rest via electronic check in 30 days (a post dated electronic check, I guess). We fully intend to go through with the payments, but I feel wronged that this guy was full of crap in what he made us believe. I suppose that when it comes down to it, we paid the debt, and we are done (save our credit report of course), but it doesn't seem right that he could do that. In your opinion, which I trust being that I posted here originally, is this something worth pursuing, or is it in my best interest to simply drop it, or even to call and ***** the guy out. I think I might feel better doing the latter, even though nothing may come out of it.

Thanks again for the link, the advice, and your time.<HR></BLOCKQUOTE>

My response:

I'm sorry, I must have glossed over your question.

Typically (and is is legal), collectors may use false names; however, they must divulge the name of the Collection Agency.

Have you ever received a letter from an Agency regarding this matter? If not, tell them to please send you a letter; that you refuse to deal with this matter orally any longer. Then, you can inspect the letter for any problems, and if found, include that in your "Dispute" letter you'll be writing within 30 days (Certified, Return Receipt), just to give them hell. Most time, credit collection agencies can't substantiate the foundation for the collection in the first place; e.g., with copies of documents substantiating the debt. And, guess what? Until they can COMPLETELY substantiate the debt, you don't have to pay !!

Good luck.

IAAL




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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

Thanks again. If it is legal for them to use false names, I guess I have to suck it up and deal with that, then. I have paid the debt, and was looking at this from just a "matter of principle" point of view. The debt had been paid, anyway, right after our initial dealings with them.

I appreciate the help.