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Allied Interstate / Just another collector

1 United States Review updated:

Look I'm going to make this simple, and I expect a torrent of shout downs from Allied because they know it's true but don't want you to know the facts about collection agencies.

First, they’re a collection agency, they can't sue you for one simple reason. They weren't a party to the original agreement between you and the original creditor.

The original creditor can sue you and has every right up to the time limits of your state.

The collector claims to be an agent but an agent is still not a party to the original debt. If you do somehow end up in court simply demand the signed document that shows you and the collection agency have an agreement. That will end their case abruptly because there is never any such document.

This process is called discovery and if the plaintiff can't produce evidence of their claim it's dead.

The one exception to the above...If you actually enter into a payment agreement with a collector. Now you have made them a party to the debt (actually a new debt since they have no relationship to the original debt) In that case you've made a business relationship with them and you're bound by whatever terms you agreed to with them.

So what's the solution, simple, don't respond to them at all. You won't get a fair deal, they won't stop bothering you and you'll never stop paying them if you enter into an agreement. There will always be an additional charge, fee or adjustment to keep you paying.

Also if they go as far as to try to bring you to court (which is laughable) make sure you never accept service. You are not under any obligation to identify yourself to anyone but a police officer. A process server is just a working stiff making minimum wage delivering court papers when they're not delivering pizzas. Also know that police officers are never off duty. That means any police officer performing process service for a civil matter is in direct conflict with his position. Criminal matters are a different area. The conflict stems from the state being barred from being a party to a private legal action to which they have no interest or participation.

If somebody strange walks up to you and asks if you're such and such just say no. If they can't serve you they can't sue you. There must be proper service for any civil action brought against you.

Finally, know that Allied is just one of many such operations all of which employ the same tactics. They're hoping to trick you into giving them money and holding you to an unfair contract.

Make sure to watch your credit reports too. Equifax is famous for siding with collection agencies and leaving negative information on your report. Keep filing challenges anyway. Make sure that the collection agency is allowed to show up as a creditor on your collection report. This is a common tactic to drive down your FICO score. They file a fraudulent claim as a creditor then claim delinquency on the account. Again if you don't enter into any agreements with the collection agency they have no legal basis to touch your credit report. These tactics have been successfully litigated in California and Equifax has been named as a party in many of these law suits. In every case I've looked at, the collection agency and Equifax lost the case and were forced to pay damages.

Plain and simple, you're in control, don't let anyone convince you otherwise.

Va
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Comments

  • Vf
      31st of Jul, 2008
    0 Votes

    Even if you owe on a debt DON'T make any payment agreements with a debt collector because you have no contract with them to pay this. Making a payment agreement with them over the phone would be considered a verbal agreement. Let them know that you are going to pay the company that you have a debt with and not them. Be firm in telling them this. Also make payments to the company they will accept them. You only have a contract with the company you owe and not a third party collection agency.

    they called and when I said hello about 30 times no said anything back. I can hear people shuffling in the back ground then someone hangs up the phone. When I called the number back saying that I just received a call from this number. They asked me for my number and I gave it to them then the guy hangs up. Allied has so many numbers here are a few. Don't let these people harrass you. You have to answer the calls if you don't then I shows that you are avoiding them. When you speak with a rep after they tell you the phone call will be recording/monitored then ask that person if they're ok with you recording the conversation. Most likely they'll say no or hang up but answer their calls. Also check to see whether or not you're in a 1 party or 2 party law for recording state. Some states need you to get permission from the other party to record the conversation. Just to be on the safe side if you're not sure ask them anyway. After I asked a rep that they haven't been calling to speak with me. Just calling and playing a recording. The funny thing about that is you can hear when they click on the recording and then turn it off and hang up.

    888-866-8079
    770-319-1511
    818-450-5620
    866-364-1642
    866-460-9145
    800-245-9770
    818-575-5400 x 5500
    972-934-8448
    818-222-2688
    952-546-6600
    281-580-2000
    614-901-7988
    516-561-6552
    516-437-0800
    716-691-1320
    336-333-3100
    704-943-1000

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