Jump to content

OC says Deal with CA, goodbye!!!


NYMetsFan
 Share

Recommended Posts

The truth is you have no legal obligation whatsoever to a collection agency. You don't have to talk to them on the phone, in person, or by mail (except to protect your rights). You don't owe the CA a dime...you have no contract with them. You do have an agreement with the OC, so an OC's refusal to speak with you is just their rancor...no legal basis whatsoever.

I would look up the executive names for the OC you are dealing with and contact them letting them know that their employees are misrepresenting the company's interests. That should get their attention. Also, you can always ask for a supervisor. The low level collection clerks are not going to be very helpful. A supervisor may be a better outlet to get you where you need to in the organization to negotiate with them.

Feel free to complain to the BBB about the OC's refusal to discuss the matter with you. If they are a member of the BBB they can't shove you off to a CA and keep their report in good standing.

Link to comment
Share on other sites

Incorporated businesses have to file a list of their officer's names with the State annually. Check with the State agency that handles incorporation paperwork in you locale.

The BBB will also have that kind of information if they are a member.

Link to comment
Share on other sites

Hello there,

I am a little shaken up now, so bear with me. I called the OC, and they still refused to speak with me about my account they sent to a CA. She said that if their is a 3rd party, then she will not have the balance I owe the OC, only the principal balance? Is this correct? Maybe I am wrong here. Anyway just wanted to clarify that issue, because she says I was misinformed. When I asked to speak to a supervisor, she says there is none available, and that it is not a supervisor issue. Maybe I am the one who is wrong here?

Link to comment
Share on other sites

Send a letter to their executives explaining that their phone monkey (you did write down the person's name right?) refused to allow you to speak to a supervisor. Basically let their upper management know that their staff is acting irresponsibly in this matter and that you are trying to resolve this amicably but are not able to get cooperation from their staff.

Executives care about customer support issues because lack thereof costs them money and time. I don't know if you've ever worked in a corporate job, but executives do not like having to get involved because their underlings are failing to act responsibly. They expect the people they pay to do work so they don't have to.

If the executives treat you the same way as the lower guys, then its time to get a lawyer...even if it is just to write one letter to get their attention.

Link to comment
Share on other sites

Recovering, I have to ask, what is shrift., from your last post to this thread. Also, the CA is not reporting me, just the OC. Here is what I have been going through. If you have the time, please look through it. If not, it's OK. I have been given lots of advice, but more can never hurt!

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=16799

Link to comment
Share on other sites

What if the OC accepts payment, can they call of the collection agency or have them remove the ca entry? should we get it in writing from the oc. The oc in this case is a hospital. If the debt was sold then wouldn't the ca still try to collect money? Where is the leverage in this case. The OC or the CA. In the case of the hospital the OC here is not listed.

Link to comment
Share on other sites

In the case of an assigned debt (the OC still owns it), if you pay it in full to the OC and the OC cashes the check then it is satisfied. Done...Tell the CA to take a long walk off a short pier.

If the OC sold the debt, then you can only deal with the entity that bought it. If the buyer purchased it while it was time-barred, then they are just out of luck. Do not pass-go...tell them to shove it. If the debt was not time-barred, you DV them. If they don't have the documentation to back up their claim, again, they can stick it in their ear. When they bought the debt it was up to them to collect all the associated documentation to back it up. If it's medical, they can't possibly have the documentation without violating privacy laws regarding medical records.

Link to comment
Share on other sites

In this particular instance a person I actually spoke to said the debt had not been bought by the CA, but that the CA is just working for them. I am so aggravated by all of this. Sometimes I have visions of walking in to the offices, since in my case they are in NY where I live, walking right up to them and telling them off. Of course I do not have thr guts for this.

Link to comment
Share on other sites

Each State has a statute of limitations (aka time-barring, SoL) in which a creditor has to act upon a debt before they can no longer legally enforce it. They can still try to sue you outside the time-bar but if they do all you have to do is show that the SoL has expired as your defense. I've heard some lower court judges ignore the SoL on debts, so it can sometime require an appeal, but the law is the law. A creditor/collector cannot make you pay a debt the State has deemed out-of-bounds.

There is a link on the main page of this site that leads to the time periods by State for the SoL on different kinds of debts.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.