The most trusted and popular consumer complaints website
Explore your opportunities! Create an account or Sign In

Collection Companies / Threats

1 NY, United States Review updated:

I got my Credit Reports to clean up my Credit. I phoned all the Companies I owed debts to and set up payment plan to pay them off, Mercantile was one of them, I phoned them set up a plan the fit within my means. At first they did not want to set up small payments because it would stop the finances that were accuring, and refused my wanting to pay off a debt.

I then wrote their office and contacted the FTC about this debitor because of threats from their Service Rep Candice, Amy and Ms. Rivera the Manager or Supervisor.

I recently have been having a hardship. i have already had a plan set up. I wrote them a letter informing them I would have to stop the payment for 3 months, and then would start them back up again, even increasing the amount. I had to at that time change my phone Number because of a person that was calling my house and harassing me.

I did not put the new phone Number in the letter to the Companies I owed money to. I had changed my Phone Number, unlisted, etc. and 3 days after I got a phone call from the Service Rep Candice threatening me because of the letter I sent to them.

I know a collector or debtor has the right to collection any information to make contact, however, I asked her how she got my phone number because it hadn't even allocated yet according to the phone company. She claimed I left a message on their mailbox for them to call me.

Well I purpously did not give the debtor's my new phone number for a reason to see what would happen. Well the Company lied about me calling and again threats.

Not one of the other debtors contacted me by phone or called and made threats, but Mercantile. I gave them a means of contacting me by sending a correspondance and my address if needed. Somehow my Confidential Information was breached. I had not given or even memorized my phone number yet and still they managed to get detailed infomation of my phone number to call and threaten me.

Note this, if you are trying to pay off a debt and the Company says no to the payments and your on Disability or having a hardship debtors are not allowed to threaten you whatsoever and have to accpt the payment you are able to afford.

If they threaten Law Suit, don't be afraid, even if they threaten law suit and have no intentions of doing so whatsoever then it's a threat.

Even if they do take you to court and you have made every effort to pay off a debt, and the debtor refuses to accept the proposal, no Judge is going to grant them anything. A Judge will consider the fact of your willingness to pay off the debt, and your financial situation.

Sort by: UpDate | Rating

Comments

  • Sw
      22nd of Dec, 2010
    0 Votes

    I have already read and spoken to the FTC about this, a threat of filing a Law Suit is a threat, maybe you've been misinformed. You cannot threaten a Law Suit, if you have no intentions of doing so. And like I said and other Creditor's them selves have told me this is harassment and a threat. And yes, Creditor is what I meant not, debitor.

    There's no attitude, that's a fact.

  • Ki
      22nd of Dec, 2010
    0 Votes

    Tonya, I applaude your desire to look for the truth of things, however, the FTC is NOT the governing agency. I have been a collector for over 12 years, but never of the variety that would use tactics as you describe. So let me enlighten you on a few things. The FDCPA (15 USC 1601 Title VII) is the last word...however you need to be able to read 'legalese' and also find the opinions in challenging court cases to understand the law. Here are a few tidbits...

    The collection agency does not have to accept anything except the balance in full. They do not have to accept arrangement at all. They do not have to accept consumer credit counseling plans. Accepting of any payment plan is not a right.

    Threatening legal action - gkenigmatic has it mostly right...they cannot threaten any action they are not legally entitled to take. If they say they will sue, the client (origingal creditor) HAS to have given the collection agency authorization to litigate. If they have, the agency may, at it's disgression, sue you. So, if they have no legal right to sue, then it is a threat and against federal law. If they DO have that authorization, then it is informing you of a recourse that may come to pass. I have had, unfortunately, to file suit against people. My statement would be something like this: "Mr. Jones, I have tried to work within your means to resolve this debt, but your refusal has left me no alternative but to file this with my manager for litigation. At anytime before this decission is made, please feel free to contact me for appropriate arrangements." That is the proper means to inform someone that the account is going to the legal department.

    How they got your number, I won't pretend to know...sorry.

    The FTC. As I said, they are not the governing body, but a federal oversight and will not act on a single complaing. For the FTC, it takes thousands of complaints for them to even put them on a watch list. When you call the FTC, they enter the complaint into a data base, and SHOULD be telling you to contact your AG's office...they are the ones that can act on a single complaint. I know my information concerning the FTC is correct, my wife used to work for the complaint line for them.

    The AG. These folks are your friends, and when any complaint is registered with them, and after they validate the information, the burden of proof then is put on the collection agency to prove they did NOT take the reported action. So from a professional collector, my advice is file, file, file!

    Hardships and Disability. No hardship is a barrier to collection actions. They do not have to take into account what your circumstances are. However, any collection agency that is a true business will not take action on a hardship, and will instead place it in a "temporarilly uncollectable" file. It makes no business sense to chase smeone who really has no ability to pay. Disability - As with SSI, they cannot sue you if that is your only means of income, and if they do, I say it again...file, file, file.

    Good luck with them Tonya.

  • Sw
      23rd of Dec, 2010
    0 Votes

    Thanks, but being in the business since I was a child. I know exactly what I am doing. It was a test, a huge test to see in fact who would help and who would'nt. It was my test, the Big Boys came to me for a reason. The Cheif's wanted to know who was lying, stealing, who was a threat and who was'nt. Even as a child I was calling the shots. You don't know me at all do you? You all pretend like you know exactly who I am, what you don't realze is I know you very well. I don't go around just sueing everyone just to get what I want. The threats were unjustifiable, what was done to me what not of my own according, it was at the hands of those supposidly taking care of me and those who weren't. I will only credit to those that have helped me and that's it. I do what GOD tells me, not anyone else. I have always been this way since childhood. The only reason things did'nt go the way they were supposed to is because other's suppressed me and held me against my will, all because of their dirty deeds, lies and greed. I know how to fish just fine...

  • Ki
      23rd of Dec, 2010
    0 Votes

    Ms. Moore, your response made absolutely no sense whatever...and as such, it is my unprofessional advise that you seek psychiatric help immediately. Perhaps some medication? You posted inaccurate information, and gkenigmatic tried (without success I see) to enlighten you as to the truth and reality of the collection industry. If your statement of being in the business since you were a child was meant to mean being in the collections industry for a long time, then that is something that I will never believe based on your post.

    Seek psychiatric help...I am sure New York has a few reputable institutions.

  • Sw
      23rd of Dec, 2010
    0 Votes

    No, Thanks.

  • Sw
      23rd of Dec, 2010
    0 Votes

    I already know the truth!!! So sorry you feel the need to disgrace me...

  • Ki
      24th of Dec, 2010
    0 Votes

    Since you know the truth then, good luck. I am done.

Post your comment