SocialFish.org https://www.socialfish.org Personal Finance, Investing, Saving Sat, 24 Aug 2019 02:47:39 +0000 en-US hourly 1 https://wordpress.org/?v=5.2.2 https://www.socialfish.org/wp-content/uploads/2019/06/green-social-fish-favicion-192x192-100x100.png SocialFish.org https://www.socialfish.org 32 32 32691876 Hunter Warfield – How to settle your debts? https://www.socialfish.org/hunter-warfield/ https://www.socialfish.org/hunter-warfield/#respond Sat, 24 Aug 2019 02:47:39 +0000 https://www.socialfish.org/?p=2852 If your experience with debt collection agencies has been far from pleasant, you are not alone. It is a well-known fact that these agencies use the most unorthodox methods while collecting from consumers. It is however, essential to note that according to the Fair Debt Collection Practices Act (FDCPA), which is a body that seeks to protect you from harassment, they are not allowed to behave in this way. Some rules and regulations have been put in place concerning debt […]

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If your experience with debt collection agencies has been far from pleasant, you are not alone. It is a well-known fact that these agencies use the most unorthodox methods while collecting from consumers.

It is however, essential to note that according to the Fair Debt Collection Practices Act (FDCPA), which is a body that seeks to protect you from harassment, they are not allowed to behave in this way.

Some rules and regulations have been put in place concerning debt collection agencies, and these include:

  • Debt collection agencies are prohibited from using harmful and unfair tactics when trying to collect a debt.
  • They should not contact anybody who is not the main person that owes the debt.
  • They shouldn’t threaten you with referral to an attorney, wage garnishment, or harm your credit without an actual intent or act on the threat.
  • They should not call you at unreasonable times, such as before 8 am, or after 9 pm.
  • They should not contact you at your place of work if you have specifically asked them not to do so.
  • They should not place calls to inform on you to your employer or disclose any aspect of your debt to others.
  • They should not use profane or obscene language during their calls.
  • They should not send collection letters which appear to be from a government office or a court.
  • They should not threaten to arrest you if the debt remains unpaid.

So, let’s look at Hunter Warfield and how they operate.

Who are they?

Hunter Warfield is a large and independent third party debt collection agency that is headquartered in Tampa, Florida. They collect a wide variety of debts, which include financial, healthcare, property management, credit cards, and many more.

If you have recently been dealing with then on the phone, or have discovered them listed on your credit report, do not worry, I am here to help you out, and tell you how you shall go about dealing with this problem.

As mentioned above, the FDCPA regulates how these debt collection agencies operate, and they are not supposed to treat you in a manner that causes you to fear or feel disrespected. As such, in this review, I shall be very keen to inform you about your rights as a consumer.

So, should you just pay off the debt and help improve your credit report?

This is the most common question, and a misconception, I must say. Most people do assume that if they pay off their debts in collections, they will simply end up having the debt deleted from their credit report and just like magic have their credit score improve.

This is not true.

FICO, the company that is responsible for calculating your credit score, says that – the fact that you have collections listed on your credit report, will certainly lower your FICO score, and paying them will simply change the status from unpaid to paid.

The collections entry will still be shown, and as such, it shall still reflect negatively on the report.

The Experian credit bureau, one of the big three credit reporting agencies, says: “Paying the debt won’t necessarily help your credit scores. Accounts that get to the collection stage are about as negative as it gets. Only bankruptcy is worse. As a result, any improvement, especially right away, probably will be minor.” Seems pretty clear, right?

Listen, the secret to fixing credit is getting the item removed from your credit report. And while just paying off debt in collections, without first doing the wise due diligence, and following my tips below, will only result in a change of the status assigned to the item.

Do not ignore Hunter Warfield however when they contact you, because if they are unable to collect the payment, they shall legally sell off your debt to another collector, who will start again from scratch with the phone calls, and letters, and harassment.

They will then sue you for payment of the debt, and if they win, they shall be awarded a judgment. This is very bad for you because it means that they can cause your wages to be garnished, and liens placed on your properties.

Every state has typically unique laws that will investigate the claim in full details. Getting a judgment is very common in these types of debts.

The worst part about these judgments on credit reports is that they will decimate your credit score overnight.

Hunter Warfield Contact Information

Hunter Warfield

4620 Woodland Corporate Blvd.

Tampa, FL 33614

Phone number: 1-888-486-8927

Website: http://ww2.hunterwarfield.com/

Steps of dealing with Hunter Warfield Collections

1.    Request for a Debt Validation

The biggest coup of the FDCPA is that it will empower you to request debt validation on your account. This is essentially how you say – show me the evidence or proof of your legal claim to collect this money from me.

The first thing you should do when you receive a letter from IC Systems is to send them a reply through a debt verification letter.

A debt verification letter is a letter that you should send after the collector has sent you a debt validation letter.

I will explain these two.

After you receive the initial call, or letter, demanding that you pay a debt, you should not pay a single dime of it before confirming that the debt belongs to you. The debt collector is required to send you a debt validation letter which outlines the debt in terms of how much you owe and any other information they may have about you.

If you are uncertain about the debt you are being asked to pay, you can send them a debt verification letter which should request them to provide you with more information. This option is best when you are planning to pay off the debt.

Once IC systems receive your verification request, they are required to provide you with the information you enquired about, plus any accompanying documentation within 30 days. This documentation should contain your signature, to verify that you indeed owe the money; otherwise, you shall not be liable to pay the debt.

If they fail to validate your account, for whatever reason, then your debt is legally forgiven. As in you’re no longer legally responsible for repayment. Further, they’re supposed to contact all three credit bureaus, to have them start getting collections removed from credit report files, regarding this account.

2.    Age of Account?

Next, you shall be required to check how old the account is. This will be from the date of your last activity. This should be found in the paperwork they used to validate the account.

You see, there are state laws that regulate how long you can legally be responsible for repaying a debt. Generally speaking, this is usually seven years, from the first date of delinquency. However, each state normally has its unique laws when it comes to the local legislation.

This is what we call the statute of limitations, and it applies to a majority of the consumer debts, from medical bills, credit cards, retail utilities, loans, telecommunications, etc. The few exceptions to this rule are defaulted student loans and federal income taxes.

Once this window of time elapses, your legal responsibility for repayment ends.

Warning, it’s a common debt collection industry tactic to re-age consumer accounts. And often this is done illegally. It’s also one of many reasons why it’s so potentially hazardous and financially dangerous to communicate with collection agencies.

Often they first require recognition of the debt, and many companies view that as account activity. And that so-called account activity can reset the statute of the limitations time clock.

3.    Negotiating a Settlement

If your account has been validated, and it is within the statute of limitations, the next step you should take is to negotiate for a settlement agreement directly with Hunter Warfield. It is advisable to do this in writing in two parts;

First: you will need to negotiate to pay less than the total debt balance. Often, you shall be able to pay as little as 15% or up to 45% of the debt balance. The exact amount will depend on the type of debt you have in collections and how old it is.

Second: The second part of the agreement is extremely critical. In exchange for your payment, Hunter Warfield must agree to stop reporting the account to the credit bureaus, to ensure that it doesn’t appear on your credit report and mess up your credit score.

4.    Removing the Wakefield collections from your credit report

This is the dispute step that I had mentioned earlier. For the negative item to be removed entirely from your credit report, you must engage some dispute procedures which will lead to a cleanup of your report.

To do this, we’ll need to exercise more of your consumer rights, this time, those granted by the Fair Credit Reporting Act (FCRA).

Here are some blog posts I have written before on this topic.

Conclusion

When all is said and done, your credit score is extremely important to you, and I have discussed this on a previous blog post – A guide to Credit Score; It doesn’t matter how much you keep fighting with debt collection companies, what matters is that you care enough to settle the issue to improve on your credit report and score.

The risk here is that the more you keep engaging with them on a back and forth fight, the more your credit report will continue to suffer negatively. It is better to simply find ways of paying off the debt once you realize that it is valid.

Once you have paid off the debt, then, go a step further to ensure that the entry is completely removed from your credit report.

When you realize how crippling a lousy credit score is, you shall take your debt repayment much more seriously, and avoid situations where you may be forced to declare bankruptcy.

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IC Systems – Are they Legit? https://www.socialfish.org/ic-systems/ https://www.socialfish.org/ic-systems/#respond Sat, 24 Aug 2019 02:27:52 +0000 https://www.socialfish.org/?p=2855 IC Systems is a debt collection agency that was founded in 1938. They are located in Saint Paul, Minnesota, and they usually collect debts on behalf of their clients in healthcare, education, dental, government, utilities, commercial industries, and financial services. In addition, they deal with many other small and medium-sized businesses. Like other debt collection companies, IC Systems usually buys debts from their clients, and then contract consumers who are meant to pay them. These debts usually are purchased for […]

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IC Systems is a debt collection agency that was founded in 1938. They are located in Saint Paul, Minnesota, and they usually collect debts on behalf of their clients in healthcare, education, dental, government, utilities, commercial industries, and financial services. In addition, they deal with many other small and medium-sized businesses.

Like other debt collection companies, IC Systems usually buys debts from their clients, and then contract consumers who are meant to pay them. These debts usually are purchased for pennies on the dollar, and then they turn around and collect the same from the consumers to make a profit.

Is it a scam?

No.

This is a legit company, and you may find them listed on your credit report from time to time if you haven’t paid your debts.

IC Systems is a legitimate debt collection company that utilizes various methods of debt collection in their bid to ensure that consumers pay up what they owe.

They have however been reported by their clients of harassment, and extreme use of debt collection methods such as; sending multiple letters, constant calling, litigation, skip tracing, and reporting clients to the credit bureaus.

After dealing with your account for 180 days, they usually send all accounts that are over $100 to outside lawyers for litigation.

If you have suffered harassment in their hands, you need to know that you do have options, which I shall explain to you later on.

How do they work?

IC Systems functions just like any other debt collection agency, and they will go through all sorts of tactics to collect what you owe.

After contacting you in vain, they will proceed to send your credit information to all the credit bureaus, and you shall find a negative tradeline on your credit report.

If you see the negative entry on your report, it means that you have a past-due bill that you need to pay.

What to do if you owe the debt

If you discover that the listing is valid, they usually advise you to contact them so they can help you through the process of payment. Their contact telephone number is; 800-279-7244.

What to do if it is an error

According to the company website, in case you discover that the listing was erroneously done, they advise you to contact their dispute page on their website and submit your personal information so that they can begin the process of investigation.

This information is as per the company procedures, but unfortunately, they have received numerous complaints in regards to their customer service and harassment of their customers.

Harassment claims

IC Systems have been known to call several times a day attempting to collect on a debt. Your caller ID will show no number at all or a phony telephone number that shall be generated by IC Systems.

If the call goes to voicemail, you shall receive several minutes of nothing but silence, and when you try to call back, the call shall go unanswered. These calls can go on for up to 2 years, and they may even try to call you at work.

Fortunately, according to the Fair Debt Collection Practices Act (FDCPA), you are allowed to write a letter to IC Systems and ask them to stop calling you. For most people, this is usually their last resort as they do not know about this rule.

IC Systems, however, has onsite legal counsel that may choose to sue you for collection of a debt. If they no longer feel that you can negotiate with them, they will choose this route, although it is a more costly option to them.

If you end up losing the lawsuit, you shall receive a civil judgment against you, and if you do not pay the judgment, then you shall eventually have your wages garnished or assets seized. This is very serious business, plus, going to court will be costly for you.

So, before deciding to file a cease and desist order against the collection company, it is essential to consider getting professional help from a reputable credit repair company.

I have talked about this in the following blog posts.

These companies have experience on how to effectively deal with collection agencies and defend your rights as a consumer. In addition, they shall help you improve the status of your credit report and your credit score as well.

Now, for years, debt collectors have been getting away with harassment and abusive collection practices because consumers do not know their rights. As mentioned earlier, the Fair Debt Collection Practices Act (FDCPA) has put some guidelines in place to help protect you from unscrupulous debt collectors.

Here are some of your rights:

  • They are prohibited from using harmful and unfair tactics when trying to collect a debt.
  • They should not contact anybody who is not the main person that owes the debt.
  • They shouldn’t threaten you with referral to an attorney, wage garnishment, or harm your credit without an actual intent or act on the threat.
  • They should not call you at unreasonable times, such as before 8 am, or after 9 pm.
  • They should not contact you at your place of work if you have specifically asked them not to do so.
  • They should not place calls to inform on you to your employer or disclose any aspect of your debt to others.
  • They should not use profane or obscene language during their calls.
  • They should not send collection letters which appear to be from a government office or a court.
  • They should not threaten to arrest you if the debt remains unpaid.

Please note that; If IC Systems have violated any of the Fair Debt Collection Rights, you have the right to sue them.

How to File an IC System Lawsuit

If IC System has used unfair and unethical collections tactics, you have the right to sue under the Fair Debt Collections Practices Act. You must file within one year from the date that your right was violated.

You must also ensure to keep records of all the contact you have had with IC System Inc.; this should include documents sent through the mail or online. Keep track of all calls, including dates and times of the calls and the names of the people you spoke with.

Contact Information for IC System Inc. – Phone Number, Mailing Address, Website

Address 444 Highway 96 East, P.O. Box 64378

City                        St. Paul

State                     Minnesota

Zip Code               55164-0378

Phone 1                866-628-7811

Phone 2                800-279-7244

Website                www.icsystem.com

When do you have a case against them?

You may have a case against IC Systems if:

  • You have been receiving multiple calls per week from their offices.
  • If you are receiving early morning or late night calls.
  • If they are calling you at work.
  • If they have been calling your friends, coworkers or neighbors in a bid to try and collect your debt.
  • If they are threatening you with violence, arrest, or a lawsuit.
  • If they have been threatening you with a negative credit report.
  • If they have been trying to intimidate you.
  • If criminal accusations are being made against you.
  • If they are using obscene language while attempting to collect from you.
  • If automated robocalls are being made on your phone?

Have IC systems contacted you?

The first contact they make with clients is through sending one or more threatening letters. As debt collectors, they use all sorts of sneaky and shady tactics to get in touch with people they believe owe them money.

Now, here’s the thing; when you receive a letter from IC systems, it may not belong to you at all. These debt collection agencies scour the internet, online databases, and phone books looking for addresses of everyone with the same name as you, and then they start sending them threatening letters. They send these to everyone!

So, just because you have received a letter from a collection agency, it doesn’t necessarily mean that they have a valid claim against you, and it may be completely erroneous.

Remember that they usually purchase debt from other companies, and they can easily get mixed up. They may not have proper documentation either, or they may be contacting the wrong person altogether.

How should you react?

The first thing you should do when you receive a letter from IC Systems is to send them a reply through a debt verification letter.

A debt verification letter is a letter that you should send after the collector has sent you a debt validation letter.

I will explain these two.

After you receive the initial call, or letter, demanding that you pay a debt, you should not pay a single dime of it before confirming that the debt belongs to you. The debt collector is required to send you a debt validation letter which outlines the debt in terms of how much you owe and any other information they may have about you.

If you are uncertain about the debt you are being asked to pay, you can send them a debt verification letter which should request them to provide you with more information. This option is best when you are planning to pay off the debt.

Once IC systems receive your verification request, they are required to provide you with the information you enquired about, plus any accompanying documentation within 30 days. This documentation should contain your signature, to verify that you indeed owe the money; otherwise, you shall not be liable to pay the debt.

How many complaints have been lodged against IC Systems?

As of April 2017, the Better Business Bureau (BBB) had reportedly closed over 517 IC Systems complaints that had been reported over the last couple of years. The BBB gave them a B evaluation on customer satisfaction and debt collection.

In addition to this, Justia has reported over 30 IC Systems complaints that have been filed with the federal court over the last few years that allege violations of the Fair Debt Collection Practices Act (FDCPA). Moreover, the Consumer Financial Protection Bureau (CFPB) has listed over 465 complaints against IC Systems.

Can they garnish your wages?

I have mentioned above that it is illegal for them to do this. However, they have been known to summon debtors to court and garnish their wages after a default judgment.

The smart move would be to contact an attorney before the legal process begins. This would help you a great deal.

Conclusion

As a consumer, you need to understand that you have rights. The federal government has made provisions to ensure that you are protected against debt collectors, and in addition, you can sue them if they violate your rights.

Debt collection is a dirty job, but it can be done while respecting the consumer, and this is why you need to understand what your rights are.

It is, however, advisable to pay your debts on time to avoid these terrible situations with such companies. Ensure to keep your payments up to date, and also try to live within your means to avoid too much debt.

As human beings, it is at times inevitable to get into a sticky situation, but if you find yourself in trouble over debts, try and resolve them as soon as possible.

Other debt collection agency you may also like:

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Jefferson Capital Systems – Can you trust them? https://www.socialfish.org/jefferson-capital-systems/ https://www.socialfish.org/jefferson-capital-systems/#respond Fri, 23 Aug 2019 09:25:27 +0000 https://www.socialfish.org/?p=2858 This is an aggressive third party debt collection company that is headquartered in St. Cloud, Minnesota. They usually collect charge-off debt, which is what is commonly known in the industry as a junk debt buyer. Usually, they appear as Jefferson Capital International, which means that they purchase the rights to your debt. They then embark on an aggressive process of trying to collect the debt to get back their money and make a profit in the process. Jefferson Capital Systems, […]

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This is an aggressive third party debt collection company that is headquartered in St. Cloud, Minnesota. They usually collect charge-off debt, which is what is commonly known in the industry as a junk debt buyer.

Usually, they appear as Jefferson Capital International, which means that they purchase the rights to your debt. They then embark on an aggressive process of trying to collect the debt to get back their money and make a profit in the process.

Jefferson Capital Systems, LLC actively makes use of the judicial system because there are many complaints about them suing consumers in a court of law for payment. They also service and collect for bankrupt debts.

If you have currently been receiving obnoxious phone calls and letters demanding that you pay your debts, and you may have also discovered that Jefferson Capital have been listed on your credit report, and have been wondering what to do about it, you are definitely in the right place.

I will start this blog off by explaining who Jefferson Capital systems are, how they do their business, what to do if you have been receiving calls from them, and finally, I shall explain to you your rights as a consumer, and what you can do if these rights are violated.

Let’s get started.

Is this a legit company?

Of course, when you receive the first call, you will want to find out if this is a legitimate company and whether you are about to get conned by sending money to a fraudster.

Well, Jefferson Capital Systems are legit, and they are a subsidiary of CL Holdings, which is a company headquartered in Minnesota.

It is a debt-buyer company that has been certified with DBA international since 2014.

What does a debt buyer mean?

A debt buyer is a company that works as a collection agency or a private debt collection firm that purchases delinquent or charged-off debts from a lender or creditor for a percentage of the face value of the debt based on the potential collectability of the accounts and then seeks to collect the debts by themselves.

Surely, that is a much-worded paragraph that simply means that – they buy debts.

Debt buyers normally purchase charged-off debts for pennies on the dollar and try to make as much as possible from collecting the debts.

How do they collect?

It is common knowledge that debt collectors tend to be rude, and they love to intimidate the people they call.

Jefferson Capital Systems, LLC has in the past received a B rating from the Better Business Bureau – which is a firm that helps consumers in the US, Canada, and Mexico find businesses and charitable organizations that they can trust.

But, even with the rating from BBB, they have still had to deal with numerous complaints from clients who were not happy with how they handled them. Currently, they have had more than 740 complaints lodged against them.

Most of these complaints range from false and inaccurate collections to failure to post a “notice of dispute” from the credit reporting agencies accounts. They have even been accused of charging a customer’s credit card more than the agreed amount.

With these shady business practices, the large workforce, and their millions of dollars in profits, it may seem a daunting task to go up against them in a dispute, and you may be thinking that it is probably wiser to pay the bill, rather than bringing a valid claim against them.

But, as I said earlier on, this blog post is geared towards educating you on collection agencies and giving you tips that you can use before you decide to pay that claim or negotiate a repayment plan with this company, which may be faulty.

Have you received a letter from them?

The first contact they make with clients is through sending one or more threatening letters. As debt collectors, they use all sorts of sneaky and shady tactics to get in touch with people they believe owe their creditors money.

Now, here’s the thing; when you receive a letter from Jefferson Capital Systems, LLC, it may not belong to you at all. These debt collection agencies scour the internet, online databases, and phone books looking for addresses of everyone with the same name as you, and then they start sending them threatening letters. They send these to everyone!

So, just because you have received a letter from a collection agency, it doesn’t necessarily mean that they have a valid claim against you, and it may be completely erroneous.

Remember that they are a debt-buyer company, which means that they purchase debts from other companies, and they can easily get mixed up. They may not have proper documentation either, or they may be contacting the wrong person altogether.

What should you do?

The first thing you should do when you receive a letter from credit collection services is to send them a reply through a debt verification letter.

A debt verification letter is a letter that you should send after the collector has sent you a debt validation letter.

After you receive the initial call, or letter, demanding that you pay a debt, you shouldn’t pay a single dime of it before confirming that the debt belongs to you. The debt collector is required to send you a debt validation letter which outlines the debt in terms of how much you owe and any other information they may have about you.

If you are uncertain about the debt you are being asked to pay, you can send them a debt verification letter which should request them to provide you with more information. This option is best when you are planning to pay off the debt.

Once Jefferson Capital Systems, LLC receives your verification request, they are required to provide you with the information you require and any accompanying documentation within 30 days. This documentation should contain your signature, to verify that you owe the money indeed; otherwise, you shall not be liable to pay the debt.

Here’s how to contact Jefferson Capital Systems, LLC

16 McClelland Road

St. Cloud, MN 56303

Phone number: 800-281-2793

Website: http://www.jeffersoncaptialsystemsllc.com/

Office hours: Monday – Friday, 9 am – 7 pm.

How can you deal with Harassing phone calls from the company?

pls note

Jefferson Capital Systems have been known to call several times a day attempting to collect on a debt. Your caller ID will show no number at all or a phony telephone number that shall be generated by Jefferson Capital Systems, LLC.

If the call goes to voicemail, you shall receive several minutes of nothing but silence, and when you try to call back, the call shall go unanswered. These calls can go on for up to 2 years, and they may even try to call you at work.

Fortunately, according to the Fair Debt Collection Practices Act (FDCPA), you are allowed to write a letter to Jefferson Capital Systems, LLC, and ask them to stop calling you. For most people, this is usually their last resort as they do not know about this rule.

However, Jefferson Capital has onsite legal counsel that may choose to sue you for the collection of a debt. If they no longer feel that you can negotiate with them, they will choose this route, although it is a more costly option to them.

If you end up losing the lawsuit, you shall receive a civil judgment against you, and if you do not pay the judgment, then you shall eventually have your wages garnished or assets seized. This is very serious business, plus, going to court will be costly for you.

So, before deciding to file a cease and desist order against the collection company, it is essential to consider getting professional help from a reputable credit repair company.

I have talked about this in the following blog posts.

These companies have experience on how to effectively deal with collection agencies and defend your rights as a consumer. In addition, they shall help you improve the status of your credit report and your credit score as well.

Did You Find Jefferson Capital Systems on Your Latest Credit Report?

There are three main reporting agencies – Equifax, Experian, and Transunion –, please read; the three main credit bureaus.

These companies collect information about you from banks, debt collectors, and credit card companies, which they use to update your credit report and credit score. The type of information they collect includes late payments, defaults, and much more negative information that will adversely affect your credit.

The credit scores typically range from 300-850 – again read these articles – Understanding Credit score.

A low score will prevent you from getting a good loan, renting a house, or even gaining employment. It is wise to maintain a good credit score to have control over your finances.

A study by the Federal Trade Commission (FTC) found that one in five consumers that disputed a claim had an error and that fixing that error improved their overall credit score as a result of their actions.

You have the right to dispute a claim from Jefferson Capital Systems through any of the credit reporting agencies.

Once you initiate a dispute, the agency has 30 days to resolve the item in question. They should contact Jefferson Capital Systems and demand they provide proof that the debt is valid.

If Jefferson Capital Systems is unable to provide the correct documentation, the credit reporting agency is supposed to remove the negative information from your credit report.

Understanding Your Rights

Now, as mentioned earlier, the FDCPA, which was passed by Congress, helps to protect you from aggressive debt collectors such as Jefferson Capital Systems. Knowing your rights before picking up the phone is always important, so you are not caught off guard or bullied, or overwhelmed by their pressures.

Here is a summary of your rights:

  • Debt collectors are prohibited from using harmful and unfair tactics when trying to collect a debt.
  • They should not contact anybody who is not the main person that owes the debt.
  • They shouldn’t threaten you with referral to an attorney, wage garnishment, or harm your credit without an actual intent or act on the threat.
  • They should not call you at unreasonable times, such as before 8 am, or after 9 pm.
  • They should not contact you at your place of work if you have specifically asked them not to do so.
  • They should not place calls to inform on you to your employer or disclose any aspect of your debt to others.
  • They should not use profane or obscene language during their calls.
  • They should not send collection letters which appear to be from a government office or a court.
  • They should not threaten to arrest you if the debt remains unpaid.

When should you work with them?

You should only work with them if, after investigations, you find that the debt is accurate and up to date, which means that it is probably valid. Then, you most likely owe them the debt, and if this is the case, you should choose to negotiate with them for a lower amount or come up with a repayment plan where you can pay in small amounts until you clear the debt.

Once you have negotiated a payment option, you can choose to pay them either by check or by credit card. If you wish to pay by check, make sure it is certified and save any information regarding your payment.

Paying by credit card may be more comfortable but remember that they have been accused of overcharging customers, and once they have your credit card number, you give up a measure of control.

When to Ask for Help

The laws that govern credit repayment are complicated and at times difficult to understand, and even if the law is on your side, it may be hard to get Jefferson Capital Systems or other creditors to comply with the law entirely.

They may use their company size and power to try and intimidate and manipulate you. These tactics, including forcing you to pay through multiple phone calls and filing forms over and over again, should be reported immediately.

If you feel that you are doing everything they have requested and you are still getting nowhere with them, it may be time to call in the professionals, who can take over the negotiations and contact Jefferson Capital Systems on your behalf.

Consider contacting one of the aforementioned credit repair companies.

Conclusion

As with many other disputes, it is never easy dealing with a big debt collection company, and at times they may seem to overpower you, which means that you shall be cornered and be forced to pay the debt whether you like it or not.

If this happens, it is only wise to seek help from third parties, such as credit repair companies or lawyers, to help you deal with the debt collector.

It is your right to be treated with dignity, but at the same time, it’s only fair to pay up a debt that you owe. If you are not in a position to repay the debt, you can always negotiate terms with them on how best to start the repayment process even if it means paying very little at a time.

Be wise and ensure to keep your bills up to date to ensure you do not get caught up in the terrible process of debt collection.

Other debt collection company you may also interested:

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Performant Recovery Company Review – Should you Fear Them? https://www.socialfish.org/performant-recovery-company-review/ https://www.socialfish.org/performant-recovery-company-review/#respond Fri, 23 Aug 2019 09:18:40 +0000 https://www.socialfish.org/?p=2861 Debt recovery is the process of pursuing payments of debts that are owed by individuals to either health insurance companies, banks, credit card companies, or any other creditor. Most debt collection companies operate as agents of the creditors, and they collect debts for a fee or a percentage of the total amount owed. Some go a step further and buy the debt at a subsidized rate, then, later on, collect the debt and make a profit. The process of debt […]

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Debt recovery is the process of pursuing payments of debts that are owed by individuals to either health insurance companies, banks, credit card companies, or any other creditor.

Most debt collection companies operate as agents of the creditors, and they collect debts for a fee or a percentage of the total amount owed. Some go a step further and buy the debt at a subsidized rate, then, later on, collect the debt and make a profit.

The process of debt collection is not a pleasant one, as you must spend time on the phone calling client after client, begging them to pay up what they owe.

Sometimes, these calls tend to be aggressive in a way that the client on the other end will not appreciate, and may end up in court if they feel that their rights as consumers have been violated, and they have been treated with disrespect.

Performant Recovery is one of these companies. They are a well-established debt recovery agency that works with almost any creditor to help them recover debts they are owed.

This review seeks to delve deep into the debt recovery process. I shall tell you how the company operates, what you should do when you receive that first phone call from Performant Recovery, how you should proceed, and most importantly, your rights as a consumer.

There are laws which have been put in place to help protect you from harassing phone calls from debt collectors. It essential for you to know what these laws are and how to get out of a bad situation in case you find yourself in one.

Let’s get started.

Is Performant Recovery a legit company?

Yes. It is a legitimate debt collection company.

According to the Better Business Bureau (BBB), Performant Financial Corporation is a legit collection agency that was founded and incorporated in California in 1976. They, however, started operations in 1981, so they have been in the business close to 38 years.

Their headquarters is located in Livermore, CA.

According to Buzzfile, the company has at least five affiliates that operate under them. Performant Financial Corporation which is one of its affiliates is listed as a management series company with an estimated revenue of $159.4 million, which makes it one of the most successful debt recovery companies in the country.

Performant Recovery Inc. has a revenue of $31.5 million.

Performant Technologies Inc. has a revenue of $36.6 million.

These are all business names that Performant operates under. The company can call you using any of these alternate names. They all refer to the same company, and the information above shows just how successful they are.

All the businesses are located at their Livermore headquarters. The company has 671 employees working for them.

Their mission statement on their company website says, “They want to be the best in maximizing revenue, quality and cost integrity for the clients they serve.”

Performant offers healthcare division and debt collection for clinical audits, fraud analytics, and data mining.

Their commercial division features a first and third-party collection service and customer care call center outsourcing. They also have a government division that focuses on delinquent student loans and other tax obligations.

How many complaints have been made against Performant Recovery?

The BBB has closed more than 245 complaints that have been lodged against Performant Financial Corporation in the last three years. 36 of these cases were closed in the last 12 months, and most of the complaints have been made against the company in regards to advertising and sales.

The remainder is mostly split between collections and billing.

As of March 2015, the Consumer Financial Protection Bureau (CFPB) has managed to close more than 105 complaints against Performant, and Justia lists at least five civil litigation cases that name Performant as the defendant.

Contact information

Performant Financial Corporation:

333 North Canyons Pkwy,

Suite 100 Livermore, CA 94551

Tel: (866) 256-0057

Are you receiving harassing phone calls from Performant Recovery Inc.?

stop harassing phone calls

 

If you have been receiving persistent phone calls from this company, you need to understand that there are federal laws to protect you. The Fair Debt Collections Practices Act (FDCPA) was passed by congress to regulate the behavior of collections agencies and to prohibit actions such as the following:

  • Receiving calls before 8 am or after 9 pm, or any other time you have explicitly told them not to call you.
  • Talking to others about you.
  • Calling your place of work when you had advised them not to do so.
  • Use of profane language or any other harassing or abusive language.
  • Threatening you with violence, arrest, or a lawsuit.
  • Attempting to collect more than you owe.
  • Threatening you with a negative credit reporting.
  • Use of automated robocalls on your phone in an attempt to collect from you.

If the company has violated your rights by use of any of the above methods to collect from you, you may have a case and can sue for damages.

Furthermore, the FDCPA regulates how the collection agencies and creditors report delinquent debts to the reporting agencies, and they have stipulated rules and regulations on how they are supposed to act when they contact you.

Your rights

The Fair Debt Collection Practices Act (FDCPA) is a legislation that was passed by Congress to regulate the debt collection industry. This act consists of laws and guidelines that all debt collections agencies must follow to ensure that they do not violate the rights of the consumer.

Here are some of their rules on debt collectors:

  • They prohibit the use of harmful and unfair tactics when trying to collect a debt.
  • They should not contact anybody who is not the main person that owes the debt.
  • They shouldn’t threaten you with referral to an attorney, wage garnishment, or harm your credit without an actual intent or act on the threat.
  • They should not call you at unreasonable times, such as before 8 am, or after 9 pm.
  • They should not contact you at your place of work if you have specifically asked them not to do so.
  • They should not place calls to inform on you to your employer or disclose any aspect of your debt to others.
  • They should not use profane or obscene language during their calls.
  • They should not send collection letters which appear to be from a government office or a court.
  • They should not threaten to arrest you if the debt remains unpaid.

In short, it says debt collectors are required to be honest, up-front, and not deceptive. Additionally, it says debt collectors are supposed to treat you with that modicum of respect and dignity that every human being deserves. And yes, the FDCPA is violated just about as often as our drug laws in this country.

What to do when Performant Recovery Company contacts you

pls note

Do not pay

The first contact they make with clients is through sending one or more threatening letters. As debt collectors, they use all sorts of sneaky and shady tactics to get in touch with people they believe owe their creditors money.

Now, here’s the thing; when you receive a letter from Performant Recovery, it may not belong to you at all. These debt collection agencies scour the internet, online databases, and phone books looking for addresses of everyone with the same name as you, and then they start sending them threatening letters. They send these to everyone!

So, just because you have received a letter from a collection agency, it doesn’t necessarily mean that they have a valid claim against you, and it may be completely erroneous.

Remember that they usually purchase debt from other companies, and they can easily get mixed up. They may not have proper documentation either, or they may be contacting the wrong person altogether.

So what should you do?

You should request for a debt validation.

This simply means that they should be able to prove that the debt belongs to you.

A debt verification letter is a letter that you send after the collector has sent you a debt validation letter.

If you are uncertain about the debt you are being asked to pay, you can send them a debt verification letter which should request them to provide you with more information. This option is best when you are planning to pay off the debt.

Once Performant Recovery Inc., receives your verification request, they are required to provide you with the information you need and any accompanying documentation within 30 days. This documentation should contain your signature, to verify that you owe the money indeed; otherwise, you shall not be liable to pay the debt.

The document they should send to you is the debt validation letter.

This is a letter that proves to you that the debt is valid. They should include all documents, paperwork, and evidence that proves this debt is yours. This paperwork will also show you all the details about the account, including who the original lender or creditor was, the dates of account activity, the total balance, and much more.

If they fail to validate your debt, then in compliance with the FDCPA, you’re no longer legally responsible for payment, which means that this debt is legally forgiven. Further, they’re supposed to contact all three credit bureaus to have them remove collections from credit report files, concerning this account.

How long do you have?

If Performant Recovery is successful in validating your debt, you should the take time to review the paperwork in great details. This will include looking for your last date of account activity and ensure that you are not legally responsible for repayment forever.

The state law regulates the exact amount of time you are legally responsible for repaying a debt. This is called a statute of limitations. It does vary state by state, and if you want to know the full details of your law, then you need to check out your local legislation.

Generally, the required length of time is seven years from the last activity on that account. Once this time window runs out, then following the statute rules, the debt is legally forgiven. In other words, what we are saying is that your responsibility on the debt ends there.

This is also the time in which the debt is removed from your credit report.

Settlement

If your account has been validated, and it is within the statute of limitations, the next step you should take is to negotiate for a settlement agreement directly with Performant Recovery. It is advisable to do this in writing in two parts;

First: you will need to negotiate to pay less than the total debt balance. Often, you shall be able to pay as little as 15% or up to 45% of the debt balance. The exact amount will depend on the type of debt you have in collections and how old it is.

Second: The second part of the agreement is extremely critical. In exchange for your payment, Performant Recovery must agree to stop reporting the account to the credit bureaus, to ensure that it doesn’t appear on your credit report and mess up your credit score.

Deleting the negative entry from your credit report

This is the dispute step that I had mentioned earlier. For the negative item to be removed entirely from your credit report, you must engage some dispute procedures which will lead to a cleanup of your report.

To do this, we’ll need to exercise more of your consumer rights, this time, those granted by the Fair Credit Reporting Act (FCRA).

Here are some blog posts I have written before on this topic.

Conclusion

Finding the right way to deal with debt collectors is better than engaging in a cat and mouse chase which you will most definitely lose, especially if they have enough evidence to prove that you are indeed the owner of the debt.

Making use of the above repair companies is a wise decision, as they will do the job for you, which involves negotiations and coming to an understanding with the debt collectors.

Ensure to keep your finances updated, which includes paying up your debts as soon as they become due, as this will help protect you from the nasty business of debt collections, which leaves most consumers with a bitter taste in their mouth.

Finally, try as much as you can to live within your means, to ensure that you do not enter into debt because this is a situation that is very easy to get into and quite challenging to get out of.

Other debt collection company you may also interested:

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Rate My Teacher (Is the class worth it?) https://www.socialfish.org/rate-my-teacher/ https://www.socialfish.org/rate-my-teacher/#respond Fri, 23 Aug 2019 09:01:07 +0000 https://www.socialfish.org/?p=2864 If you are about to take a new class, then it’s only reasonable for you to be curious about your new teacher, and whether they are good or not. Of course, everyone wants to take a class with an easy-going teacher, who is interesting, kind, and fair. This is where rate my teacher website comes in. The site was designed for students to rate their current or previous teachers, as a bid to help those who were yet to take […]

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If you are about to take a new class, then it’s only reasonable for you to be curious about your new teacher, and whether they are good or not. Of course, everyone wants to take a class with an easy-going teacher, who is interesting, kind, and fair.

This is where rate my teacher website comes in. The site was designed for students to rate their current or previous teachers, as a bid to help those who were yet to take the class.

Before the invention of the internet, students would ask each other how a particular class was, and they would especially look for those who had already gone before them to understand if the class was worthy of their consideration.

Now, many different platforms allow you not only to find out how a potential class will be, but they also give insight into your new teacher, how they teach, and how they conduct themselves.

In this review, I shall be reviewing the Rate My Teacher website, how it works and how it can help you.

How does Rate My Teacher work?

RMT

Rate my Teacher or RMT requests students to answer a single question “what do I need to do, to maximize my chances at success in a given class?” This is because each teacher and class are different, and it helps to know what to expect to best prepare for the class.

As one of the most popular websites for teacher ratings, RMT provides reviews for secondary and elementary teachers in the United States, United Kingdom, Canada, Australia, New Zealand, and Ireland.

If you are a student looking for a teacher who has been rated on RMT, what you need to do is simply visit the site, and search for your teacher or school from the list provided on the website. There is a very long list for you to choose from.

Once you find the teacher you are looking for, you can then proceed to read the reviews that have been written about him/her on the website.

I will explain the rating procedure later, in case you wish to also leave a review for one of your teachers, but it is quite a simple process. There is a simple 1-5 points system, and the categories include helpfulness, easiness, clarity, and knowledge.

The logic behind this website is that any student that has taken a class taught by a specific teacher will know exactly how great that teacher’s personality and knowledge affected their grade. Therefore, by researching on such sites, you set yourself up for success in the specific class, and the chances of getting a good grade in the class are higher.

How to interpret the old ratings?

When you visit a teacher’s page, you will see one of two results; a new review or an old review.

If a new survey or review has been submitted for the teacher, this will appear first, otherwise, old ratings will be shown on the page.

While I always think that new ratings are much more useful, the website decided that until a new review has been posted, the teacher’s old rating will continue to appear, because some feedback is better than no feedback at all.

One of the most common questions usually is; “How can I interpret these old ratings?”

Now, the old ratings usually are based on a star system, and like most star ratings, the higher the number of stars indicated on the teacher’s review, the more favorable the response. This means that a good teacher has more stars.

E.g., if under “clarity,” the teacher has a 5-star rating, this indicates he is unequivocal in his explanations, and you are most likely to understand what he teaches. If the score is a 1-star, then, you can tell that the teacher is probably unclear, and an obscure teacher means there is a possibility you will fail their class.

When can you see new ratings?

You will mostly find new ratings on the site when the school year is coming to an end. This is because most students have just completed a specific class, and they are dying to review their teachers and give tell the new students what to expect.

It is possible to find lots of negative reviews at this point, especially if they failed the class, and therefore, you shouldn’t always take the first review you see. Take time to read as many as you can, to have a good idea of the kind of teacher he/she is.

Also, be careful not to accept the reviews at face value, because everyone has their own opinion of a specific teacher, and it may not always be right. If there are preview classes, attend them to gauge the teacher by your standards.

The website also has some site guidelines to be followed when posting these reviews, which are used to regulate the type of review a teacher receives.

Review Guidelines

rate my teacher comment

What to do

  • Be honest and objective in your assessment of a teacher/professor.
  • Limit your answers to an individual’s professional abilities.
  • Proof any written answer before submitting. Poor spelling will not cause your answer to be removed. However, poor spelling may result in your rating being discredited by those who read it.
  • Leave off your name, initials, pseudonym, or any sort of identifying mark when answering.
  • Remember that constructive criticism is useful, but personal criticism is not. Constructive criticism helps an individual see where they can improve (e.g., “instead of doing (a), I would have gotten more from the material if we had done (b)”).
  • Remember that a helpful answer is one which would have been of value to you before you started the class.

DO NOT

  • Use “definitive” language, (e.g. “always”,”never”,”etc.”).
  • Include any piece of information that may identify you or other students.
  • Include any piece of identifiable information for a teacher/professor that would allow someone to contact the person outside of his/her school. This also includes remarks about the person’s family and personal life.
  • State your opinion as fact.
  • Take a survey if you have not taken a class with the teacher/ professor.
  • Input false course or section codes.
  • Rate a person more than once for the same class.
  • Reference existing answers.
  • Rate yourself or other teachers/professors, if you are a teacher/ professor.
  • Speak on behalf of other people.
  • Post hyperlinks.

The Site reserves the right to remove any answers deemed inappropriate, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may not appear to impersonate anyone else or that otherwise violate the Terms and Conditions.

Answers containing the following will not be published

  • Profanity, name-calling, and vulgarity, derogatory remarks about religion, ethnicity or race, physical appearance, mental and/or physical disabilities;
  • References to a teacher’s/professor’s sex life, including sexual innuendos;
  • Claims that a teacher/professor shows bias for or against a student or specific group of students;
  • Claims about a teacher/professor’s employment status, including previous employment;
  • Claims that a teacher/professor engages or has engaged in illegal activities;
  • Accusations that the teacher/professor is rating him/herself or his/ her colleagues; or
  • A language other than English. Comments must be written in English only. French is allowed if you attend a French-Canadian school.

How to ensure that your comment gets posted

If you want to ensure that a review is displayed on RMT, you must first follow the guidelines, and other than that, you should adhere to the following;

Do not make the review personal to the teacher

This means that if you loved or loathed the specific teacher, your feelings would not be useful to the next student, and therefore, you should keep those to yourself.

The website may allow something nice to slip by in the context, but a negative personal comment will not be permitted. You must remember that the internet is forever, and a genuine personal conflict with a teacher will negatively impact his life forever.

Provide something actionable

It is essential when giving a review to provide something for the students to plan for. This is whether or not you have something positive or negative to say. Give them ideas on how to prepare for the class, what they may need to buy, or the books they should read.

You should ensure to do this in a constructive way such that it should be about the process and not the teacher.

Remember that you can say what you want since the website will never post your name, just your comment but they will need you to have an account with them. This means that you shall be anonymous to those who read your posts, but the website will know who you are.

Here is an example of a helpful comment

Mr. John is the best! He truly loves what he does and makes it fun. He’s accommodating and funny, so it’s always interesting. He relies a lot on mnemonic devices, so it’s easy to remember important things. He’s also great at explaining things. I highly recommend the textbook reading, but even if you don’t understand it all immediately, he’s great with clarification and lecturing!

You can also rate your experience as “excellent” when posting your review. This is great when letting others understand how good the teacher is.

Here is another example of a useful review

This was my first AP class, so I wish I had been more prepared for how much the class was about cause/effect and application rather than memorization. After taking four years’ worth of AP classes, I can now say the workload is that of your typical AP class, but at the time it was hard to adapt, so I’d say be prepared and don’t procrastinate!

This is the kind of comment that will ultimately make the reviews better. Nothing personal at all, tells the reader about what to expect and provides a word of awareness of how to approach the class. Genuinely helpful to the next student. Result: comment posted.

A lousy comment would look like this

Mrs. Jones is one of the worst teachers ever. She would never help you, and if you ask for help, she would say “IM NOT HELPING YOU, LOOK AT YOUR NOTES” and yet sometimes people don’t find notes helpful. She also has frequent mood swings at people that do something wrong or forget to do something. She doesn’t give anyone a chance. As hard as school is, she makes it harder with being so rude and not a dedicated teacher, and it makes school so much worse!

My thoughts: Maybe the student learns differently than the teacher teaches, or maybe it was something else, but the student’s frustration is evident. This is the kind of comment where we would see complaints from both sides. Result: not posted.

In this case of Mrs. Jones, the student could have given the teacher a “poor” rating for their overall experience, instead of writing the negative review.

Conclusion

Taking an elementary or high school class with a teacher that you have never heard of, or never met before can be quite daunting. As such, having a website that reviews the teacher and gives insight into what to expect is a great idea.

Your grade at the end of the year is what matters the most, and ensuring that you have all the right information before starting a class is the man idea behind the RMT website.

You should take the reviews seriously, but also give the teachers the benefit of the doubt because not everyone will provide them with a fair evaluation.

I would also advise you to do further research on the classes and the teachers other than the reviews, to have more information that will help you ace the class and get a good grade.

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DCM Services, LLC (You’re dead? That Won’t Stop the Debt Collector) https://www.socialfish.org/dcm-services-llc/ https://www.socialfish.org/dcm-services-llc/#respond Fri, 23 Aug 2019 03:43:54 +0000 https://www.socialfish.org/?p=2849 At some point in your life, you might fall behind on a financial obligation, and end up in debt. Although creditors may seem to be lenient when it comes to repayment and are always willing to give you time to figure things out, debt collectors are aggressive in their collection and may not be ready to accommodate your challenges, even when you are dead. DCM or Deceased Case Management Services LLC, is a third-party debt collection agency that exclusively collects […]

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At some point in your life, you might fall behind on a financial obligation, and end up in debt. Although creditors may seem to be lenient when it comes to repayment and are always willing to give you time to figure things out, debt collectors are aggressive in their collection and may not be ready to accommodate your challenges, even when you are dead.

DCM or Deceased Case Management Services LLC, is a third-party debt collection agency that exclusively collects delinquent accounts from the estates of deceased debtors.

They are headquartered in Minneapolis, Minnesota, and the company was established in 2006.

DCM has dozens of trained agents, whose work is to call up the dear departed next of kin and ask them if they would like to settle the balance on a credit card or bank loan or even make a final utility bill on their behalf.

If you are on the other end of the line of such a call, you do not have a legal obligation to assume the debt of a deceased person even if it is a spouse, a sibling or a parent. They take up the responsibility out of sheer goodwill.

Dead people are the newest frontier in debt collecting, and one of the healthiest parts of the industry. Those who dun the living say that people are so scared and so broke it is difficult to get them to cough up even token payments.

Is this a legit company?

If you are ever in the receiving end of a call that is meant to collect on the estate of a deceased person, you will undoubtedly think it is a fake person calling and will want to disconnect immediately.

But, DCM services – Deceased Case Management Services are a legitimate company that was founded in 2006.

It has been listed on BBB as a collection agency, an insurance company, or an attorney or legal firm. This means that they can operate in any of those categories.

They also use Balogh Becker, Ltd., as their alternate business name and operate an alternative website; www.baloghbecker.com. This means that you can be contacted by DCM Services using any of the alternate names.

They currently have annual revenue of $22 million.

This is probably the only collection agency in the US, whose core business is collecting the estates of the deceased, and this, according to them, is the reason why they succeed.

DCM services offer three levels of service: a self-service desktop application which is also known as the probate finder on demand; a probate one-source or the “full-service solution” for debt recovery of the probate accounts; and a signature service that is similar to Probate One-Source but focuses on both probate and non-probate estates. DCM works on recovering probate debts from providers of healthcare, financial services, credit unions, and also government agencies.

How does this work?

The reaction from the public is that this is a terrible practice and one that should be stopped, but, according to the debt collectors, collecting from the dead is expanding, and due to improved database technology, it is now much easier to discover when the estates are open in the probate courts, which gives them an opportunity to file a timely claim.

If the deceased however did not have a formal estate, they have nothing to file.

The new trainees at DCM usually undergo a three weeks training course in what the company fondly calls the “emphatic active listening,” in which they will mix in a comforting air of a funeral director and a nonjudgmental tone of a friend.

For some relatives, paying is pragmatic. The law varies from state to state, but generally, survivors are not required to pay a dead relative’s bills from their assets. In theory, however, collection agencies could go after any property inherited from the deceased.

What is the success rate?

What works when it comes to relatives of the deceased are sentiments. They play a big role in the collection process because some relatives tend to be royal to the specific credit card company or bank that the deceased had a debt with, and as such, they feel a strong sense of morality to repay the debt.

The success rate isn’t as high as the company would like it to be, but, every now and then, they can convince the relatives of a deceased person to pay up the loan, especially if it had been tied to some collateral property.

Contact Information

DCM Services, LLC

7601 Penn Ave S A600

Minneapolis, MN 55423-3645

Telephone: (612) 243-8620

Website: https://www.dcmservices.com/

How many complaints have been made against them?

The Better Business Bureau (BBB) has received 15 complaints against DCM in the last three years. Four of these complaints have already been closed, and at least 6 of them were closed to the customer’s satisfaction.

Most of the complaints against DCM are about advertising or other sales issues, but you can find some others that have to do with billing and customer services, plus harassment of the family left behind by the deceased.

They have also received complaints from the Consumer Financial Protection Bureau (CFPB) for attempts to collect unowned debts and sharing improper information. Justia has already listed at least 4 cases against DCM services that are already in civil litigation.

Signs of harassment

It is important to understand that you have rights. As the family of the deceased, you should not be harassed by debt collectors, because it is actually not your responsibility to take up the debts of the deceased. In fact, you are under no legal obligation to do so.

DCM services will use many ways when trying to reach the family of the deceased and demanding that they pay what was owed.

Your rights prohibit the company from using unnecessary force in their collection activities, and as such, you should look out for any of the following signs of harassment:

  • If you are receiving multiple calls per week from DCM services.
  • If you are receiving early morning or late night calls.
  • If you are receiving calls at your place of work.
  • If they have threatened you with violence, lawsuit, or arrest.
  • If they have been calling your friends, coworkers or neighbors.
  • If they have attempted to collect more than what the deceased person owned.
  • If they are intimidating you.
  • If criminal accusations have been made towards you.
  • If they have been using obscene language while talking to you.
  • If automated robocalls are being made to your phone in an attempt to collect.

How to deal with harassing phone calls from DCM services

DCM has been known to call several times a day attempting to collect on a debt. Your caller ID will show no number at all or a phony telephone number that shall be generated by DCM.

If the call goes to voicemail, you shall receive several minutes of nothing but silence, and when you try to call back, the call shall go unanswered. These calls can go on for up to 2 years, and they may even try to call you at work.

Fortunately, according to the Fair Debt Collection Practices Act (FDCPA), you are allowed to write a letter to DCM and ask them to stop calling you. For most people, this is usually their last resort as they do not know about this rule.

However, DCM has onsite legal counsel that may choose to sue you for collection of a debt. If they no longer feel that you can negotiate with them, they will choose this route, although it is a more costly option to them.

If you end up losing the lawsuit, you shall receive a civil judgment against the estate of the deceased, and if you do not pay the judgment, then you shall eventually have some of their wages garnished or assets seized. This is very serious business, plus, going to court will be costly for you.

So, before deciding to file a cease and desist order against the collection company, it is essential to consider getting professional help from a reputable credit repair company.

What rights do you have?

DCM services collect and service a broad swathe of consumer debts, which include healthcare, property management, financial services, and many more.

The Fair Debt Collection Practices Act (FDCPA) is a legislation that was passed by Congress to regulate the debt collection industry. This act consists of laws and guidelines that all debt collections agencies must follow to ensure that they do not violate the rights of the consumer.

Here are some of their rules to debt collectors that have been set up by the FDCPA:

  1. They prohibit the use of harmful and unfair tactics when trying to collect a debt.
  2. Debt collectors should not contact anybody who is not the main person that owes the debt.
  3. They shouldn’t threaten you with referral to an attorney, wage garnishment, or harm your credit without an actual intent or act on the threat.
  4. They should not call you at unreasonable times, such as before 8 am, or after 9 pm.
  5. They should not contact you at your place of work if you have specifically asked them not to do so.
  6. They should not place calls to inform on you to your employer or disclose any aspect of your debt to others.
  7. They should not use profane or obscene language during their calls.
  8. They should not send collection letters which appear to be from a government office or a court.
  9. They should not threaten to arrest you if the debt remains unpaid.

In short, it says debt collectors are required to be honest, up-front, and not deceptive. Additionally, it says debt collectors are supposed to treat you with that modicum of respect and dignity that every human being deserves. And yes, the FDCPA is violated just about as often as our drug laws in this country.

Conclusion

It’s never easy receiving a call from a collection agency about a deceased loved one’s account. Not only does it conjure up terrible memories of the deceased person, but it also takes you back to a dark place which you would love to forget. It’s even worse if you were close to the deceased such as a close family member.

So, if this happens, the wisest decision is to either help the collection agency in recovering what they may have owed, or choose not to pay and have their estate cater for the debts.

In most probate hearings, a portion of the deceased person’s estate is normally allocated towards debt settlement, so, there is a likelihood that it shall be taken care of, and if the debt had not been listed, take time to investigate the validity of the claim before paying.

Unfortunately, most people have to deal with such distasteful matters.

Other debt collection agency you may also like to know:

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Wakefield and Associates (Are they Legit?) https://www.socialfish.org/wakefield-and-associates/ https://www.socialfish.org/wakefield-and-associates/#respond Fri, 23 Aug 2019 03:26:45 +0000 https://www.socialfish.org/?p=2869 Are they Legit? Receiving a call from a debt collection agency usually is a terrible experience as most of them tend to be rude, and they will harass and threaten you. For this reason, most people will assume it is a scam or some fraudster trying to get access to your personal information. The problem with debt collection is that it has always been a dirty job, where the debt collection agencies will use all sorts of unorthodox and demeaning […]

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Are they Legit?

Receiving a call from a debt collection agency usually is a terrible experience as most of them tend to be rude, and they will harass and threaten you. For this reason, most people will assume it is a scam or some fraudster trying to get access to your personal information.

The problem with debt collection is that it has always been a dirty job, where the debt collection agencies will use all sorts of unorthodox and demeaning methods to collect from you, and because people do not know, or even understand their rights, they have been letting these agencies get away with murder.

I am not saying that you shouldn’t pay your debts, all I’m saying is that they should have a better way of trying to collect what you owe.

So, in this particular review, I have highlighted Wakefield and Associates, which is a third party debt collection agency that is based in Colorado.

Are they legit?

Yes.

This is a legitimate debt collection agency that has been in operation since 1946, and have an estimated revenue of $7.4 million.

According to their website, they claim to take a fair and professional approach when dealing with their clients, which results in a low complaints rate.

However, according to the Better Business Bureau (BBB), there have been numerous complaints lodged against them, and most of the claims purport that the company violated the Fair Debt Collections Practices Act (FDCPA) by making false and misleading statements and also failed to verify debts.

This is wrong, and as a consumer, you have rights, which prohibit a company like Wakefield and Associates from following the correct procedures when collecting from you.

They have been sued in the federal court more than 190 times, for violating consumer’s rights while collecting on alleged debts. A recent Federal court ruling alleged that Wakefield improperly reported information on consumer’s credit reports after the consumer had settled the debt.

How do they operate?

Wakefield and Associates collect and service a broad swathe of consumer debts, which include healthcare, property management, financial services, and many more.

Now, the Fair Debt Collection Practices Act (FDCPA) is a legislation that was passed by Congress to regulate the debt collection industry. This act consists of laws and guidelines that all debt collections agencies must follow to ensure that they do not violate the rights of the consumer.

Here are some of their rules on debt collectors:

  • They prohibit the use of harmful and unfair tactics when trying to collect a debt.
  • They should not contact anybody who is not the main person that owes the debt.
  • They shouldn’t threaten you with referral to an attorney, wage garnishment, or harm your credit without an actual intent or act on the threat.
  • They should not call you at unreasonable times, such as before 8 am, or after 9 pm.
  • They should not contact you at your place of work if you have specifically asked them not to do so.
  • They should not place calls to inform on you to your employer or disclose any aspect of your debt to others.
  • They should not use profane or obscene language during their calls.
  • They should not send collection letters which appear to be from a government office or a court.
  • They should not threaten to arrest you if the debt remains unpaid.

In short, it says debt collectors are required to be honest, up-front, and not deceptive. Additionally, it says debt collectors are supposed to treat you with that modicum of respect and dignity that every human being deserves. And yes, the FDCPA is violated just about as often as our drug laws in this country.

Does Paying Off Wakefield Collections Improve Credit Score?

Okay, so most people will want to pay off their debts the minute they are contacted by the debt collector, thinking that this will help improve their credit scores. It makes sense if you think about it.

But it doesn’t. Here’s why.

The only thing that will happen when you pay a debt is that the status of the item on your credit report will change. It shall merely change from an outstanding collection to a paid collection.

A paid collection, however, is still a negative item on your report, and it virtually guarantees you to have a bad credit score. According to Anthony Sprauve, who is a FICO spokesman – Learn more about FICO on my blog post – A guide to Credit Score;

Sprauve says that collections on your credit report can damage and draw your credit score down by as much as 100 points. This means that if your score was at 600, and you end up having a collections entry in your report, this will go down to 500 points, which is a tragedy.

The key to improving your credit score, however, is by removing Wakefield Collections listing from your credit report entirely. This is done through the process of raising disputes. Some companies will help you in raising a dispute with the credit bureaus, to have a specific entry wholly expunged from your record.

Their collection of weapons

Wakefield and Associates function just like any other debt collection agency, and they will go through all sorts of tactics to collect what you owe.

After contacting you in vain, they will proceed to send your credit information to all the credit bureaus, and you shall find a negative tradeline on your credit report.

If you see the negative entry on your report, it means that you have a past-due bill that you need to pay.

It is also likely that the total balance on your account will be aggressively inflated. Debt collectors usually charge sky-high interest for the collection service, and this falls typically on the consumer, which means that your total debt will go up.

Please, don’t stick your head in the sand with the forsaken belief that Wakefield & Associates will just go away. You see, if they’re unable to collect a payment, they have two options.

First, they can turn around and sell your account to yet another debt collector. This new debt collector, of course, will begin calling you, sending letters, and they’ll report more negative information on your credit reports.

Alternatively, and this is an expected result of unpaid collections, is they can sue you as in they’ll file a civil lawsuit against you. If this happens, you should be notified with a court summons.

You must appear because most people don’t. And if you fail to appear, then the judge has no choice but to award a default judgment against you, and in their favor. This is also true if they win their case.

Their goal is to win a judgment against you because then they’ve got you by the short and curlies. Because this can result in wage garnishment, liens being placed against you and or your property, and even asset seizure.

Not to mention a judgment on credit report files, will obliterate your credit score, and virtually overnight. For full details, check out your local legislation, because every state has unique laws.

Contact Information

Wakefield & Associates, Inc.

10800 E Bethany Dr.

Suite 450

Aurora, CO 80014

Phone number: 1-800-864-3870

Website: https://www.wakeassoc.com

Here are four steps that you can take once Wakefield and Associates contact you

1.    Request for a Debt Validation

The first thing you should do when you receive a letter from Wakefield and Associates, is to send them a reply through a debt verification letter.

A debt verification letter is a letter that you should send after the collector has sent you a debt validation letter.

I will explain these two.

After you receive the initial call, or letter, demanding that you pay a debt, you should not pay a single dime of it before confirming that the debt belongs to you. The debt collector is required to send you a debt validation letter which outlines the debt in terms of how much you owe and any other information they may have about you.

If you are uncertain about the debt you are being asked to pay, you can send them a debt verification letter which should request them to provide you with more information. This option is best when you are planning to pay off the debt.

Once Wakefield and Associates receive your verification request, they are required to provide you with the information you enquired about, plus any accompanying documentation within 30 days. This documentation should contain your signature, to verify that you indeed owe the money; otherwise, you shall not be liable to pay the debt.

You see, they’re required to respond by providing you with the documents, paperwork, and evidence that proves this debt is yours. This paperwork will also show you all the details about the account, including who the original lender or creditor was, the dates of account activity, the total balance, and much more.

If they fail to validate your debt, then in compliance with the FDCPA, you’re no longer legally responsible for payment. As in this debt is legally forgiven. Further, they’re supposed to contact all three credit bureaus to have them remove collections from credit report files, concerning this account.

2.    Statute of Limitations

If Wakefield and Associates do validate your debt, the next step would be to review the paperwork in details. This will include looking for your last date of account activity and ensure that you are not legally responsible for repayment forever.

The state law regulates the exact amount of time you are legally responsible for repaying a debt. This is called a statute of limitations. It does vary state by state, and if you want to know the full details of your law, then you need to check out your local legislation.

Generally, the required length of time is seven years from the last activity on that account. Once this time window runs out, then following the statute rules, the debt is legally forgiven. In other words, what we are saying is that your responsibility on the debt ends there.

This is also the time in which the debt is removed from your credit report.

Warning. And this is big; the debt collection industry is notorious for re-aging consumer accounts. And for distinct purposes, so they can continue to attempt to collect payment from you, despite your legal obligation ending. This re-aging is frequently done illegally.

3.    Negotiating a Settlement

If your account has been validated, and it is within the statute of limitations, the next step you should take is to negotiate for a settlement agreement directly with Wakefield and associates. It is advisable to do this in writing in two parts;

First: you will need to negotiate to pay less than the total debt balance. Often, you shall be able to pay as little as 15% or up to 45% of the debt balance. The exact amount will depend on the type of debt you have in collections and how old it is.

Second: The second part of the agreement is extremely critical. In exchange for your payment, Wakefield and Associates must agree to stop reporting the account to the credit bureaus, to ensure that it doesn’t appear on your credit report and mess up your credit score.

4.    Removing the Wakefield collections from your credit report

This is the dispute step that I had mentioned earlier. For the negative item to be completely removed from your credit report, you must engage some dispute procedures which will lead to a cleanup of your report.

To do this, we’ll need to exercise more of your consumer rights, this time, those granted by the Fair Credit Reporting Act (FCRA).

Here are some blog posts I have written before on this topic.

Conclusion

It is never easy dealing with debt collection companies, and you should know that most of these agencies are fined by the government every year for violating the rights of the consumer.

Take note of any agency that tends to be too aggressive, use abusive language, or even threaten you in their effort to collect. These type of behaviors can be grounds for a lawsuit, and it is essential if you are an informed consumer.

The best way, however, to avoid such terrible scenarios with debt collection companies is to ensure that you pay your debts on time.

Other debt collection companies you may need to know:

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Coast Professional – Does it help to pay off the debt? https://www.socialfish.org/coast-professional/ https://www.socialfish.org/coast-professional/#respond Fri, 23 Aug 2019 03:14:00 +0000 https://www.socialfish.org/?p=2846 If you have defaulted on your federal student loan, then, chances are that you have received a call from Coast Professional. Coast Professional Inc., or CPI as they are commonly referred to, is a third party collections agency that is located in Geneseo, New York. It is a top-performing Collection Company that focusses on government and higher education debt which includes federal and non-federal student loans, tuition, fees, accounts receivables, housing charges, and almost any other student debt. They currently […]

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If you have defaulted on your federal student loan, then, chances are that you have received a call from Coast Professional.

Coast Professional Inc., or CPI as they are commonly referred to, is a third party collections agency that is located in Geneseo, New York.

It is a top-performing Collection Company that focusses on government and higher education debt which includes federal and non-federal student loans, tuition, fees, accounts receivables, housing charges, and almost any other student debt.

They currently provide collection services to more than 200 government institutions, universities, and colleges in the US, and are a top vendor for the US Department of Education.

The purpose of this blog post is to share with you precisely who Coast Professional company are, what they do, how they collect debts, and also give you some insight into how you can exercise your rights as a consumer without being exploited.

Let us begin.

Who is a debt collector?

A debt collection company is a company that operates as an agent for creditors, and they collect debts for a fee or a percentage of the total amount owed. Some go a step further and buy the debt at a subsidized rate, then, later on, collect the debt and make a profit.

The process of debt collection is not a pleasant one, as you must spend time on the phone calling client after client, begging them to pay up what they owe.

Sometimes, these calls tend to be aggressive in a way that the client on the other end will not appreciate, and may end up in court if they feel that their rights as consumers have been violated, and they have been treated with disrespect.

All of these companies are regulated by the Fair Debt Collection Practices Act (FDCPA), which is federal legislation that was passed by Congress to protect all consumers from aggressive debt collectors.

We shall look at their rules and regulations later on.

How does Coast Professional operate?

Usually, if they have taken over one of your debts, you shall be receiving phone calls and letters from them, requesting you to repay the student loan. In addition, they shall also report negatively on your credit report through the credit bureaus.

They can also inflate the total balance by charging you astronomical interest rates and collection fees for this work.

This can cause your overall debt to balloon overnight. In fact, one of their customers has reported that their student loans moved from $50,000 to almost $80,000 once Coast Professional took over their debt and started contacting them.

Nevertheless, this is part and parcel of the collection process. They hope to pressure you into contacting them and taking action on the debt. It’s a scare tactic.

If they’re unable to collect this debt, they have two options. First, they can resell the account to yet another debt collector. This new debt collector will, of course, begin calling you, sending letters, and they’ll report more negative information on your credit reports.

Or they can sue you. The goal here is to win a judgment because then they’ve really got you by the short and curlies. Judgements can potentially result in wage garnishment, liens placed against you and or your property, and even asset seizure.

For full details, investigate your local legislation, because every state has different laws. By the way, if you have a federal student loan in default Coast Professional can garnish your wages without a judgment. Moreover, a judgment on credit report files will annihilate your credit score.

Contact Information

Coast Professional, Inc.

214 Expo Circle, Suite 7

West Monroe, LA 71292

Phone number: 1-318-807-4500

Website: http://www.coastprofessional.com

How many complaints have been made against Coast Professional?

The BBB has reported at least seven complaints that have been closed for Coast professional in the last three years. The closed cases allege problems with billing and collections.

Also, since December 2016, the Consumer Financial Protection Bureau (CFPB) has closed over 57 complaints against CPI. Justia, on the other hand, has at least eight civil litigation cases that involve Coast Professional Inc.

Does it help to pay off the debt?

Most people think that once they are contacted by a debt collector, paying off the debt will automatically cause their credit report and score to improve. It seems to make sense, but that doesn’t happen at all.

The only thing that will happen when you pay the collections is that the status of the item on your credit report will change from due to a paid collection.

This is still a negative entry and will damage your credit score nevertheless. It is guaranteed to lower your credit score.

Listen, the key to getting your credit score up is to remove this negative item from your credit reports, entirely. And for some folks, this may require paying off collections, but only after first performing the necessary due diligence and following tips

Read Also:

Consumer Tips for dealing with Coast Professional

Confirm the debt

The first thing you should do when you receive that ill-fated telephone call from Coast Professional is to request for the debt to be validated, even before you pay or enter into any repayment agreement with them.

This is your legal right and has clearly been outlined by the FDCPA.

In essence, what you are saying to Coast Professional you first prove this is my debt, show me the paperwork, and then we may be able to discuss payment. After all, you did not do any business directly with them; they just showed up one-day demanding money.

It’s most effective to make your debt validation request in writing and send it using certified mail, with return receipt requested. This way, you’ll have evidence you made your validation request, and they received it.

You see, they’re required to respond by providing you with the paperwork, documents, and evidence that proves this is your account. This paperwork should show you all the details about the debt, such as who the original creditor was, the principal balance, the dates of account activity, etc.

If they fail to validate your debt, then in compliance with the FDCPA, you’re no longer legally responsible for payment. And this failure to validate can be for any reason, as simple as them misplacing your paperwork.

Age of the debt

Once Coast Professional has validated your debt, then, you must review all of the paperwork in details. You need to look at the last date of account activity and ensure that you are not legally responsible for paying the debt forever.

The state law regulates the exact amount of time you are legally responsible for repaying a debt. This is called a statute of limitations. It does vary state by state, and if you want to know the full details of your law, then you need to check out your local legislation.

Generally, the required length of time is seven years from the last activity on that account. Once this time window runs out, then following the statute rules, the debt is legally forgiven. In other words, what we are saying is that your responsibility on the debt ends there.

This is also the time in which the debt is removed from your credit report.

Paying the debt

If your account has been validated, and it is within the statute of limitations, the next step you should take is to negotiate for a settlement agreement directly with Coast Professional. It is advisable to do this in writing in two parts;

First: you will need to negotiate to pay less than the total debt balance. Often, you shall be able to pay as little as 15% or up to 45% of the debt balance. The exact amount will depend on the type of debt you have in collections and how old it is.

Second: The second part of the agreement is extremely critical. In exchange for your payment, Coast Professionals must agree to stop reporting the account to the credit bureaus, to ensure that it doesn’t appear on your credit report and mess up your credit score.

How do you remove Coast Professional from your credit report?

As mentioned earlier, paying the debt will not help in improving your credit report. The fact that the collections item is still present on your credit report means that your score will still be low, and as such, your only course of action will be to find a way in which the entry can be deleted from the report.

This will involve raising disputes with the credit bureaus and negotiating with Coast Professional to remove the negative entry from your report.

To do this, you will need to exercise more of your consumer rights, this time, those granted by the Fair Credit Reporting Act (FCRA).

Here are some blog posts I have written before on this topic.

Pay-For-Delete

Have you ever heard about a pay-for-delete approach to dealing with debt collectors? If not, this is a popular internet myth that claims you must first demand the debt collector delete the negative item from your credit reports, and then you’ll make payment.

It sounds great. And you’re welcome to try it, but please, don’t hold your breath. For a myriad of reasons, debt collectors won’t ever make this agreement. It’s more likely we’ll see PETA (People for Ethical Treatment of Animals) opening up a butcher shop.

The much more effective, pragmatic, and an agreement they will make is to stop reporting your account information to the three credit bureaus, in exchange for your payment. On occasion, they may reluctantly agree, but this is something they will do.

What are your rights?

The Fair Debt Collection Practices Act (FDCPA) is a legislation that was passed by Congress to regulate the debt collection industry. This act consists of laws and guidelines that all debt collections agencies must follow to ensure that they do not violate the rights of the consumer.

Here are some of their rules on debt collectors:

  • They prohibit the use of harmful and unfair tactics when trying to collect a debt.
  • They should not contact anybody who is not the main person that owes the debt.
  • They shouldn’t threaten you with referral to an attorney, wage garnishment, or harm your credit without an actual intent or act on the threat.
  • They should not call you at unreasonable times, such as before 8 am, or after 9 pm.
  • They should not contact you at your place of work if you have specifically asked them not to do so.
  • They should not place calls to inform on you to your employer or disclose any aspect of your debt to others.
  • They should not use profane or obscene language during their calls.
  • They should not send collection letters which appear to be from a government office or a court.
  • They should not threaten to arrest you if the debt remains unpaid.

Conclusion

Being a student and in debt is extremely common. A majority of Americans are still trying to pay up their student loans.

The government has now put some measures in place to try and collect the more than $1.5 trillion in student loans. This means that you are probably going to receive a call from a debt collector requesting you to start paying off your loan.

I have always advised students to try and start the repayment of their student loans as soon as they receive, them, and while still in school, because the loan will never go away until you pay it.

If you start early, you will make it easier for you to reduce the total amount of debt even before you graduate and get employment.

But, if you have been called already, the best thing to do after validating the debt is to start paying off the loan in small installments. This will go a long way in repairing your credit report and score, which will make easy for you to make financial decisions.

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Capio Partners- Are they harassing you? https://www.socialfish.org/capio-partners/ https://www.socialfish.org/capio-partners/#respond Fri, 23 Aug 2019 03:05:13 +0000 https://www.socialfish.org/?p=2842 Harassment by debt collection agencies is prevalent, and most consumers have consistently complained about this. Unfortunately, most people do not know or even understand their rights when it comes to debt collection. In this review, I have highlighted Capio Partners, which is a debt collection agency. I shall tell you who they are, how they operate and go a step further to explain to you your rights, and what you should do if you find yourself being harassed by this […]

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Harassment by debt collection agencies is prevalent, and most consumers have consistently complained about this. Unfortunately, most people do not know or even understand their rights when it comes to debt collection.

In this review, I have highlighted Capio Partners, which is a debt collection agency. I shall tell you who they are, how they operate and go a step further to explain to you your rights, and what you should do if you find yourself being harassed by this company.

Let’s get started.

Is Capio Partners a scam?

No.

This is a legitimate debt collection agency that was founded in 2008. They usually purchase uncollected debt, but they only accept debt bundles that can produce for them at least $50 million in annual uncollected receivables.

This means that; they purchase debts for pennies on the dollar, so they can make a profit even if it is a tiny fraction of what they have collected. They have been members of the debt purchasing trade association (DBA) international since 2012.

When they purchase old debt, they then outsource collection activities to many of their partners.

Capio Trademarked the term “complaintless collections,” which provides a financial reward to accounts agents who can maintain clean records.

However, even after all that, the company has still received a lot of consumer complaints.

Who are they?

Capio Partners LLC is one of the largest health care debt collectors in the US. They claim to deal with more than 300 health care providers and have been able to service more than $20 billion in a couple of years.

This company was founded in 2008, and they are located in Sherman, Texas.

On BBB – Better Business Bureau, they have a B rating, and as of March 2007, they had over 235 complaints lodged against them by their customers. Besides, Justia has eight allegations made against Capio Partners, and these have been filed in the Federal Court.

Most of these complaints allege that Capio Partners violated the Fair Debts Collections Practices Act.

Moreover, the Consumer Financial Protection Bureau (CFPB) lists at least 78 Capio complaints that have already been closed.

Contact information:

Capio Partners LLC.

2222 Texoma Parkway #150

Sherman, TX. 75090

Phone number: 888-876-2814.

Website: https://capiopfw.com.

How do they work?

Capio enables healthcare organizations to complete their revenue cycles. Their PatientComplete program is leveraged at any point after the accounts have been designated as bad debts. They provide organizations with immediate cash flow and the confidence of knowing that experienced healthcare professionals will manage their patients.

Once they have bought off the bad debts, they then embark on a vigorous process of recovery, which involves some unorthodox methods and procedures that help them recover the money they have already paid to the health care professionals.

This is where harassment comes in.

What can you do if Capio Partners LLC is harassing you?

There are many ways of identifying that Capio Partners are harassing you. If they are practicing any of the following as they try to collect from you, then you are being harassed, and you can sue the company as it is a violation of your rights.

Your debt harassment checklist:

  • If you are receiving multiple calls each week from Capio Partners LLC.
  • If you are being called either late at night or very early in the morning.
  • If Capio Partners LLC have been calling your friends, coworkers, and neighbors and telling them about your debts.
  • If Capio Partners LLC have been threatening you with adverse credit reporting.
  • If they have attempted to collect more than you owe.
  • If they have been making criminal accusations towards you.
  • If automated robocalls are being made on phone in an attempt to collect from you.
  • If they are using an obscene language when talking to you.
  • If they have been making attempts to intimidate you.
  • If they are disguising the fact that they are debt collectors trying to collect a debt
  • If they are pretending to be attorneys, police officers, or federal agents
  • If they are threatening to report false information to the credit bureaus
  • If they are demanding amounts that are inflated by ‘service charges.’

What can you do if you are being harassed?

You may not know this, but Federal laws protect you from this type of harassment. The Fair Debt Collection Practices Act (FDCPA) is a legislation that was passed by Congress to regulate the debt collection industry. This act consists of laws and guidelines that all debt collections agencies must follow to ensure that they do not violate the rights of the consumer.

As a consumer, you must be aware of your rights to protect yourself from harassment and intimidation from debt collectors.

Here are some of their rules on debt collectors;

  • They prohibit the use of harmful and unfair tactics when trying to collect a debt.
  • They should not contact anybody who is not the main person that owes the debt.
  • They shouldn’t threaten you with referral to an attorney, wage garnishment, or harm your credit without an actual intent or act on the threat.
  • They should not call you at unreasonable times, such as before 8 am, or after 9 pm.
  • They should not contact you at your place of work if you have specifically asked them not to do so.
  • They should not place calls to inform on you to your employer or disclose any aspect of your debt to others.
  • They should not use profane or obscene language during their calls.
  • They should not send collection letters which appear to be from a government office or a court.
  • They should not threaten to arrest you if the debt remains unpaid.

In short, it says debt collectors are required to be honest, up-front, and not deceptive. Additionally, it says debt collectors are supposed to treat you with that modicum of respect and dignity that every human being deserves. And yes, the FDCPA is violated just about as often as our drug laws in this country.

Here’s the rub: If you want to enforce your rights or recover money for violations, you shall be forced to sue. If the debt collection company has not followed the rules and regulations stipulated by the FDCPA, then you must collect as much evidence as you possibly can, and take them to court.

These laws provide individuals like you with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages up to $1,000, plus the debt collector will pay for your attorney fees and any court costs.

The following phone numbers belong to Capio Partners;

  • 1-678-682-6666
  • 1-888-876-2814
  • 1-888-893-0171

If any of them appear on your caller ID when the phone rings, Capio Partners, LLC may be trying to contact you. If they misrepresent the nature of your alleged debt and threaten lawsuits to make you pay more quickly, hire a consumer attorney who can help you stop the bullying once and for all.

If you decide to file a claim against Capio Partners, LLC, you could be awarded $1,000 per FDCPA violation. No matter how significant your debt may be, the law requires collection agencies to treat you with respect and penalizes those that fail to do so.

Can they sue you or garnish your wages?

It is illegal for debt collectors to make empty threats to sue or garnish your wages. It is also unlikely that Capio would sue you for a debt that you do not owe, or cannot validate.

However, debt collection agencies have been known to summon debtors to court and garnish their wages after a default judgment. Contacting an attorney before going to court is always a good idea, so they can help you fight the charges.

When can you work together with a collection agency?

You should only work with them if, after investigations, you find that the debt is accurate and up to date, which means that it is probably valid. Then, you most likely owe them the debt, and if this is the case, you should choose to negotiate with them for a lower amount or come up with a repayment plan where you can pay in small amounts until you clear the debt.

Once you have negotiated a payment option, you can choose to pay them either by check or by credit card. If you wish to pay by check, make sure it is certified and save any information regarding your payment.

Paying by credit card may be more comfortable but remember that they have been accused of overcharging customers, and once they have your credit card number, you give up a measure of control.

Can you ask for help?

The laws that govern credit repayment are complicated and at times challenging to understand, and even if the law is on your side, it may be hard to get Capio Partners LLC or other creditors to comply with the law entirely.

They may use their company size and power to try and intimidate and manipulate you. These tactics, including forcing you to pay through multiple phone calls and filing forms over and over again, should be reported immediately.

If you feel that you are doing everything they have requested and you are still getting nowhere with them, it may be time to call in the professionals, who can take over the negotiations and contact Capio Partners LLC on your behalf.

Conclusion

When you find yourself in a situation where you have to deal with debt collectors, you should make use of professionals such as accountants, lawyers, or credit repair companies. I have discussed this information in the following blogs;

These are companies that will engage the debt collectors, and find ways where you can pay the debt in small installments, and also ensure that once the debt has been cleared, the entry is deleted from your credit report, and which will substantially help in ensuring that your credit score improves.

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Aargon Agency Inc (For Federal Student Loan Debts) https://www.socialfish.org/aargon-agency-inc/ https://www.socialfish.org/aargon-agency-inc/#respond Thu, 22 Aug 2019 09:39:50 +0000 https://www.socialfish.org/?p=2839 Can medical bills really land you in trouble? The answer is yes. Medical bills can indeed land you in some significant trouble, which can lead to enormous amounts of debt. If you find yourself in trouble due to a medical bill, the chances are that you shall be receiving a call from one of the debt collection agencies, and most especially Aargon Agency Inc., whose primary focus is collection on medical-related debts among others. This company was established in 1996, […]

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Can medical bills really land you in trouble?

The answer is yes. Medical bills can indeed land you in some significant trouble, which can lead to enormous amounts of debt.

If you find yourself in trouble due to a medical bill, the chances are that you shall be receiving a call from one of the debt collection agencies, and most especially Aargon Agency Inc., whose primary focus is collection on medical-related debts among others.

This company was established in 1996, and they have become the national leader in medical debt collection specializing in the debt recovery of healthcare providers.

They make use of state-of-the-art technology and other debt recovery strategies that have proven successful in their bid to collect debts. They also have a wide range of national debt recovery services that are spread all over the country, which are specifically tailored to help you repay your debts.

In addition to medical debt collection, they also deal with utility business debt, which collects from retail businesses, properties, and banks. They have set up debt collection agencies in the following cities – Las Vegas, Honolulu, St. Louis, Tampa, and Denver.

Over the years, they have been expanding into several subsidiary companies such as; the medical bill.com, Total credit recovery, Excelon executive, APM tenant management, and Aargon Funding.

Is it a scam?

No.

Aargon Agency Inc. is a legitimate, well-known company. They are headquartered in Las Vegas, Nevada, and have many offices spread out all over the country such as Missouri, Florida, Hawaii, and Colorado.

So, if you have received a call from them or any of their subsidiaries, this is a legit call, and you should start the process of negotiating for payment terms.

However, according to the Better Business Bureau (BBB), there have been numerous complaints lodged against them, and most of the claims purport that the company violated the Fair Debt Collections Practices Act (FDCPA) by making false and misleading statements and also failed to verify debts.

This is wrong, and as a consumer, you have rights, which prohibit a company like Wakefield and Associates from following the correct procedures when collecting from you.

BBB has given them an A+ rating, and as of 2017, they had closed over 84 complaints against Aargon Agency Inc.

They have been sued in the federal court more than 190 times, for violating consumer’s rights while collecting on alleged debts. A recent Federal court ruling alleged that Wakefield improperly reported information on consumer’s credit reports after the consumer had settled the debt.

Contact Information

Aargon Agency, Inc.

8668 W. Spring Mountain Road.

Las Vegas, NV. 89117.

Phone Number: 800-326-7118

Website: https://www.aargon.com/

How do they operate?

Aargon Agency Inc., operates just like any other debt collection agency, by use of all means possible to trace an account holder and request them to pay the overdue debt.

They have been known to call several times a day attempting to collect on a debt. Your caller ID will show no number at all or a phony telephone number that shall be generated by Aargon Agency Inc.

Many people have complained about being harassed by this company in their attempts to collect. In addition, most consumers claim that the company attempted to insist on a medical bill when they hadn’t even been to the specific hospital.

It is common knowledge that most debt collectors will use unorthodox methods to collect on a debt that is due, and as such, the government has put in place some measures that regulate how they treat consumers.

The regulating body that is responsible for the debt collection agencies is the Fair Debt Collection Practices Act (FDCPA)

According to the FDCPA, you have rights. You must never allow a debt collector to intimidate you, such that you are scared for your life, or you feel threatened.

Here are some rules that these debt collectors must adhere to when carrying out their collection duties:

  • They are not allowed to threaten you at all.
  • They should not contact you at your place of work.
  • They must never call you very early in the morning or late at night.
  • They should be in a position to provide you with adequate documentation that proves the validity of the claim that they are bringing against you.
  • They cannot arrest or imprison you. This is illegal for them even to suggest it.
  • They should never send letters that have the appearance of a government office or court letter.
  • They should never threaten you with a legal action or threaten to harm you or garnish your wages.

Steps you should take once Aargon Agency Inc., contacts you.

They will first contact you through a telephone call or send you a letter or email informing you of their intention to collect the debt from you.

Once you receive the letter from them informing you of the debt, do not, under any circumstances, pay off the debt first before verifying its validity.

Here’s why;

When you receive a letter from Aargon Agency, it may not belong to you at all. These debt collection agencies scour the internet, online databases, and phone books looking for addresses of everyone with the same name as you, and then they start sending them threatening letters. They send these to everyone!

So, just because you have received a letter from a collection agency, it doesn’t necessarily mean that they have a valid claim against you, and it may be completely erroneous.

Remember that they usually purchase debt from other companies, and they can easily get mixed up. They may not have proper documentation either, or they may be contacting the wrong person altogether.

So, what should you do?

The first thing you should do when you receive a letter from credit collection services is to send them a reply through a debt verification letter .

A debt verification letter is a letter that you send after the collector has sent you a debt validation letter.

If you are uncertain about the debt you are being asked to pay, you can send them a debt verification letter which should request them to provide you with more information. This option is best when you are planning to pay off the debt.

Once Aargon Agency Inc., receives your verification request, they are required to provide you with the information you need and any accompanying documentation within 30 days. This documentation should contain your signature, to verify that you owe the money indeed; otherwise, you shall not be liable to pay the debt.

The document they should send to you is the debt validation letter.

This is a letter that proves to you that the debt is valid. They should include all documents, paperwork, and evidence that proves this debt is yours. This paperwork will also show you all the details about the account, including who the original lender or creditor was, the dates of account activity, the total balance, and much more.

If they fail to validate your debt, then in compliance with the FDCPA, you’re no longer legally responsible for payment, which means that this debt is legally forgiven. Further, they’re supposed to contact all three credit bureaus to have them remove collections from credit report files, concerning this account.

How long do you have?

There is something called “statute of limitation.”

This is the law that regulates the exact amount of time you are legally responsible for repaying a debt. It does vary state by state, and if you want to know the full details of your law, then you need to check out your local legislation.

Generally, the required length of time is seven years from the last activity on that account. Once this time window runs out, then following the statute rules, the debt is legally forgiven. In other words, what we are saying is that your responsibility on the debt ends there.

This is also the time in which the debt is removed from your credit report.

Did you find Aargon on your credit report?

There are three leading reporting agencies – Equifax, Experian, and Transunion –, please read:the three main credit bureaus.

These companies collect information about you from banks, debt collectors, and credit card companies, which they use to update your credit report and credit score. The type of information they collect includes late payments, defaults, and much more negative information that will adversely affect your credit.

The credit scores typically range from 300-850 – read this article – Understanding Credit score.

A low score will prevent you from getting a good loan, renting a house, or even gaining employment. It is wise to maintain a good credit score to have control over your finances.

A study by the Federal Trade Commission (FTC) found that one in five consumers that disputed a claim had an error and that fixing that error improved their overall credit score as a result of their actions.

You have the right to dispute a claim from Aargon Agency Inc., through any of the credit reporting agencies.

Once you initiate a dispute, the agency has 30 days to resolve the item in question. They should contact Aargon and demand they provide proof that the debt is valid.

If Aargon is unable to provide the correct documentation, the credit reporting agency is supposed to remove the negative information from your credit report.

Here are some blog posts I have written about credit repairs, and how to deal with disputes:

What next?

Once you have initiated conversations with Aargon Agency Inc., and have validated that the debt is indeed yours, then, you have no choice but to pay it.

The process of payment is not as easy as you would think. It involves intense negotiations that will help you get a discount on the total amount of debt. The company’s goal is to ensure that the debt is paid up, and as such, they are always ready and willing to negotiate terms with them.

It is wise to get a third party involved in these negotiations such as a lawyer, or accountant so that you can get the best possible deal. Some people have even managed to get 15% off of the entire debt, while others have been able to negotiate a very small monthly installment.

It will depend on how aggressive and creative you are.

Conclusion

According to research, the average American has more than $38,000 in personal debt, and this includes mortgages.

At least 87% of American families are in debt, and as such, debt collection is a booming business. These companies keep coming up each year, and they are making plenty of money from calling and sending notices to the debtors.

This means that it is almost inevitable to be found in a sticky situation, and when this happens, the best advice would be to find a way to resolve the issue as soon as possible.

Unfortunately, Americans are still struggling with medical debts. The government should come up with good policies in place that will guarantee that everyone has affordable healthcare.

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