We have noticed a change in the debt collection industry. First, the debt collectors – junk debt buyers – seem to be more aggressive. Second, there is more competition to make profit. New collection agencies are popping up attempting to tap into the “golden egg” of consumer debt. Third, the junk debt seems to be sold over more than twice. It is taking longer than 30-60 days to totally eliminate the alleged debt. The larger the amount the longer it may take.

One thing that is CONSISTENT about collection agencies and debt collectors. THEY ARE UNPREDICTABLE. We teach you how to take steps to debt elimination quickly.

With Collect Corp Inc, we noticed their headquarters is in Canada. However, this company has offices located in New York (soon to close?) and Arizona. Apparently, consumers take THEM to court, and the consumer is the plaintiff.

Collect Corp Inc has been in business for a long time and the competition may be hurting their profit. Therefore, this agency could be threatening consumers to pay up.

If you have been contacted by Collect Corp Inc, contact our office for a free analysis.

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North Carolina targets debt collectors

Oct 09 · by Next Level Credit

Another state is busy!

North Carolina recently enacted a piece of legislation that could prove to be a game changer for accounts receivable management companies in the state, especially debt buyers.

by ACA International
August 24, 2009

The North Carolina Legislature has enacted Senate Bill 974, which is effective October 1, 2009. SB 974 is currently on the governor’s desk for her signature. The bill significantly impacts collection of debt by debt buyers. The following is an overview of the bill, and it is important asset buyers as well as traditional third-party debt collectors understand how SB 974 may impact collection efforts in North Carolina.

Debt Buyer is a Collection Agency

The bill incorporates a debt buyer under the definition of a collection agency and specifically defines a debt buyer as a person or entity engaged in the business of purchasing delinquent or charged-off consumer loans or consumer credit accounts, or other delinquent consumer debt for collection purposes, whether it collects the debt itself or hires a third party for collection or an attorney-at-law for litigation in order to collect such debt. SB 974 dictates both active and passive asset buyers are considered a collection agency.

Prohibition on Suing and Arbitrating Time-Barred Debt

SB 974 deems it an unfair practice for a debt buyer or collection agency on behalf of a debt buyer to bring suit, initiate arbitration, or otherwise attempt to collect a debt when the debt buyer or agency knows or reasonably should know such collection is barred by the applicable statute of limitations.

ACA International understands this requirement only prohibits debt buyers and debt collectors collecting on behalf of debt buyers from filing suit or initiating arbitration in an attempt to collect a time-barred debt. Collection efforts such as sending letters and placing telephone calls to consumers are not prohibited as applicable statutes of limitation do not bar such collection activity.

In addition, this provision does not apply to traditional third-party debt collectors collecting debt for the original creditor.

Restrictions on Collection of Debt

The bill provides it is an unfair practice for a debt buyer or an entity acting on behalf of a debt buyer to bring suit, initiate arbitration, or otherwise attempt to collect a debt from a consumer without (1) valid documentation the debt buyer is the owner of the specific debt instrument or account at issue and (2) reasonable verification of the amount of the debt allegedly owed by the consumer. Reasonable verification includes: (a) documentation of the name of the original creditor; (b) the name and address of the consumer as appearing in the original creditor’s records; (c) the original consumer account number; (d) a copy of the contract or other document evidencing the consumer debt; and (e) an itemized accounting of the amount claimed to be owed, including all fees and charges.

Although North Carolina currently requires a collection agency to provide a consumer a receipt of payment if the payment received from the consumer is in cash, SB 974 requires a receipt be provided when any payment is received by or on behalf of a debt buyer. In addition to what must be included in a receipt under § 58-70-70(a), the receipt for payment received by or on behalf of a debt buyer must also include the name of the creditor(s) for whom collected, the account number assigned by the creditor(s), and the account number assigned by the original creditor if different from the current creditor for whom the debt is collected. The receipt must also clearly state whether the payment is accepted as either payment in full, as a full and final compromise of the debt, or state the balance due after payment is credited if the payment is not in full.

These provisions apply to debt buyers and all collection agencies attempting to collect debt on behalf of debt buyers in North Carolina. It does not apply to third-party collectors collecting debt for the original creditor.

Requirements to File Suit

In order for a debt buyer to file suit or initiate arbitration against a consumer, the debt buyer must give the consumer written notice of its intent to file suit thirty (30) days prior to the filing, and the notice must include certain information such as an itemized accounting of amounts claimed to be owed and proof of ownership of the debt.

Moreover, SB 974 requires debt buyers provide their license number and a copy of the contract or other writing evidencing the original debt in the debt buyer’s complaint against a consumer, including information evidencing the original debt and chain of title. If the claim is based on credit card debt and no written signed agreement is available, the debt buyer must provide evidence the credit card was used. The bill also requires debt buyers provide information when seeking entry of a default judgment against a consumer such as an itemization of charges and fees claimed to be owed, the original charge-off balance, an itemization of post charge-off additions, and date of last payment.

If a debt buyer is seeking default or summary judgment against the consumer, the debt buyer must provide evidence to the court establishing the amount and nature of the debt, including providing the following items: (1) original account number; (2) original creditor; (3) amount of the original debt; (4) itemization of charges and fees; (5) original charge-off balance of explanation of how the balance was calculated if not charged-off; (6) itemization of post charge-off additions; (7) date of last payment; and (8 ) amount of interest claimed and basis for the interest charged.

Further, the bill states attorney’s fees will not be awarded absent a signed writing and an unbroken chain of assignment.

Increased Liability for Collection Agencies

The bill also increases civil penalties for all collection agencies in violation of the state’s collection agency provisions to not less than $500 and not more than $4,000 per violation. The remedies are cumulative.

This provision applies to debt buyers and all debt collectors attempting to collect debt in North Carolina.

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Nationwide Credit Inc in our backyard

Oct 02 · by Next Level Credit

Nationwide Credit Inc is established in Kennesaw, Georgia. This collection agency (junk debt buyer) has been in business for many years but we have not had interaction with them until recently. They also have an office in Arizona. They can be very persistent. Usually they do not have the proper documents to validate the consumer request.

We did some research and found this tidbit:

One of Country’s Largest Debt Collectors Agrees to Pay Record $1 Million Civil Penalty to Settle Charges of Violating Fair Debt Collection Practices Act

We find that Nationwide Credit Inc attempts to collect on American Express accounts (Amex). They often send letters with the Amex blue logo on it requesting the consumer to contact NCI with the 800# listed in the “settlement letter”. Don’t be fooled!

Contact our office if you are being contacted by NCI.

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We have previously written about all of ‘ em . . . Midland Funding, Midland Credit Management, Midland Porfolio Services, Encore Capital Group . . . and we are pleased to announce that the State of Maryland is suing all of these collection agencies.

One more AG ! He has taken the steps to get the debt collectors out of Maryland. Maryland Attorney General, Douglas F Gansler has filed a class action against Midland Funding and also served on the infamous Mann Bracken 9/10/2009. The amount sought is multi millions.

If you are a consumer that is being contacted by any of these debt collectors, contact us for the solution.

from Bud Hibbs site : The debt collection industry is changing, day by day as States’Attorneys General take on the corruption and stand up for consumers. The cornerstone, arbitration was knocked out on the past sixty days and everyone is gearing up for the next round. Stick with us for daily battle updates on Collectors Exposed website.

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We want to make it very clear more than ever – the consumer may NOT have to pay the collection agency / attorney. We want to say to the consumer “do not pay” but that blanket statement may not apply to that “alleged” account. Most of the time, the consumer does NOT have to pay the collection agencies.

We also want to list the steps to collection debt elimination and to keep putting this information out there for the consumer to use. As more consumers face financial chaos in their lives, the more likely they will face collection debt situations. There is not a demographic which limits the debt collector – over 18, under 99, doctor, lawyer, accountant, auto mechanic, retailer, real estate agent, mortgage loan officer, administrative, restaurant employee…these are consumers who are losing money due to their profession.

If you do not want/need our company to help you, YOU CAN do this process yourself. Please note that you really need to know what happens if the debt collector sends validation of the “alleged” account. What next? If you do not know the answer, then you do need us to handle this situation for you. Sometimes the VOD process is not simple.

The collection industry seems to have accelerated efforts. There have been a few new agencies that have been established in 2007/2008 hoping to catch the wave of profit. They are not going away anytime soon. HOWEVER, the more the consumer files a complaint with the Attorney General and the Department of Consumer Affairs – the more difference it makes.

Here are the steps to debt elimination.

If you have been contacted with letters/phone calls from a collection agency:

Do not assume you have to pay the “alleged” account. How OLD is the original account? Everything HAS to be in writing.

#1 WRITE a VOD letter or an SOL letter – do not call the collection agency about this matter

Send both methods because you need to have documentation of both methods of mailing. This is for YOUR documentation.

#2 SEND certified mail return receipt

Do not call a debt settlement company to assist you in paying this “alleged” account to the collection agency. Learn your rights first.

In 99% of these situations, the consumer does not have to pay.

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Collection debt win or not – Fredrick J Hanna

Sep 14 · by Next Level Credit

Last week, we heard that the Department of Consumer Affairs in the State of Georgia has lost the case against Fredrick Hanna – one of the top 100 worst collection agencies in the country. We confirmed this with Consumer Affairs office. They are going to appeal the case.

No matter where your residence (in and outside Georgia), please call this number AND MAKE A COMPLAINT if you are a consumer in regards to these situations with Hanna offices.

 

404-651-8600

  • you are being contacted by letters/phone calls
  • you have been served a summons/complaint
  • you have been sued
  • you have been garnished
  • you have been garnished regarding SS and/or disability

Their office asked us to have YOU call in to register a complaint with their office about Fredrick Hanna. We have been to court and have seen a birds eye view of Hanna attorney actions. In one week, the docket in one county (Georgia) has 100 cases. We are not including the cases that are ruled upon and garnished. We are not including all the counties in Georgia. We are not including other states. You do the math.

Now Hanna has a green light and this is very bad for consumers. YOU NEED TO BE HEARD. This will make a difference. You can fight collection debt.

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Junk debt buyers out of control

Sep 09 · by Next Level Credit

Collection debt is increasing.
This is a broad statement. We have seen collection activity increase in this industry in the past 3 months. The “vultures” are taking advantage of the economy and how the dynamics are changing with jobs and incomes. Junk debt buyers are swarming with intensity. Knowing what to do is half of the fight. The other half is taking action and being proactive against the collection agencies.

Andrew Cuomo stated the other night on Dateline “the debt collection industry is exploding”.

He said ILLEGAL. This is exciting when the AG states that these actions of the collection agency are illegal. To accuse an industry of being illegal is a strong accusation. We were leary of writing that statement here on this site because of the ramifications.

You are not alone and you have rights. The consumer does not have to agree with the debt collectors. The burden of proof is on the collection agency.

Also, if the debt collector sends documentation to you – how do you know if it is acceptable and legitimate? There are definitive steps to collection debt elimination.

Let us deal with the details for you. Call us for your free analysis to understand your options.

Educate yourself with the Dateline video of Andrew Cuomo NY AG.

 

 

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Portfolio Recovery Services has a reputation. They get around all over the country. They do not have a consistency of what type of junk debt they purchase nor how old, recent, or what original creditor. This company is a very busy junk debt buyer.

We have written about Portfolio Recovery Services in the past, and we are glad to report about this Missouri AG lawsuit.

Bit by bit, one by one, more AGs are taking a stand and taking action.

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New Credit Card Rules – who does it benefit?

Aug 20 · by Next Level Credit

You know how we feel about credit cards. We advocate ONLY one AFTER your credit score is restored and up to 700 at least. All of the consumers we talk to do not have a problem with that at all. They have learned an expensive lesson and have a very bad taste in their mouth about the little piece of plastic.

The consumer was a target with a score of 600s back in the 90s. The consumer thought they wanted to keep up with the Jones’. The Jones’ are in credit card debt for the next 60 years and no one knows. Society is to blame? Or what about the fact that we do not make enough money at our job to have the “nicer” things in life? This really boils down to psychology and marketing and what we do not have in life. Credit cards make you feel soooo good. Well see where that got us!

The creditors greed saw an opportunity of trillions of dollars with consumer credit cards. Who to blame? Ah, the blame game. The creditors and MARKETING put the temptation out there, and WE bit. Blame is on both parties.

Here are some articles to inform you of changes today. Even though you may not have a credit card at this stage in your life, it is very important that you are aware of significant changes because soon your financial situation will be in another stage (credit restoration) and you will be able to have ONLY one card. For emergency only!

NEW YORK (AP) — The rules your credit card company operates by will start getting much clearer on Thursday. But just because you’ll know what they’re up to doesn’t mean you’re going to like what you learn.

Regulations aimed at reining in practices like unexpected interest rate increases and credit limit cuts start with two rules. Consumers will now be given advance warning of any major changes to the terms of their accounts, and get more time to pay their balance after receiving a bill.

and more. . .

Effective today, new lending and interest rate laws will force credit card companies to provide customers with more time to pay their bills. The companies will also need to warn customers in advance of any major changes to the terms of their accounts.

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Credit Restoration Facts & Figures

Aug 12 · by Next Level Credit

We know these myths are out there floating and questionable and we are excited to have it here in print for you to read. Knowledge is power. Learn the facts about credit restoration.

Published: 7/29/09, 12:00 PM EDT
by Tamar Snyder

 

750 is the new 720 — at least as far as average credit scores go. As today’s lending requirements remain tight, credit is harder to come by, and it’s tougher to get an above-average credit score than it used to be. A higher score could translate into a better interest rate and save you thousands of dollars. Whether you’re thinking of refinancing your mortgage, purchasing a new home, or taking out a car loan, it’s especially crucial today to understand what affects your credit report — and what doesn’t. There are common misconceptions about credit reports, and believing in untruths can hurt you. Read on to learn more.

 

1 – Myth: I can boost my credit score by closing credit cards I don’t use.

Fact:

Think twice before closing an account — especially if it’s a credit card you’ve had for several years. Your credit rating is determined in both the duration an account has been open and the balance in relation to the card’s limit, says Rodney Anderson, managing partner of Rodney Anderson Lending Services, a division of Supreme Lending, located in Plano, Texas. If you’re inclined to close your account, you’re much better off just sticking the card in a drawer — being sure to keep your account active, he says, by using it at least once every three months.

2 – Myth: Checking my credit report will lower my score.

Fact:

A “hard credit pull” — the type of examination that’s made for those applying for a new credit card, say, or a mortgage — stays on a credit report for six months, and it will lower a credit score. But checking your own credit report, contrary to hurting your score, is “a great tool, especially when you’re making big-ticket purchases,” says Charles Harris, an executive at FreeCreditReport.com. “The higher your score, the more likely you may be able to negotiate lower interest rates, which gives you more control over your personal finances.”

3 – Myth: My age, race, gender, marital status, religion, income, or home address can affect my credit score.

Fact:

Not true, says Lynnette Khalfani-Cox, author of Zero Debt: The Ultimate Guide to Financial Freedom. Federal law prohibits credit scoring from taking any of those factors into account.

 

4 – Myth: If I negotiate with my credit-card or mortgage company, my credit score will go down.

Fact:

Not necessarily, says Spencer Sherman, author of The Cure for Money Madness and founder of financial advisors Abacus Wealth Partners. If you’re up-to-date with payments, then negotiating your credit-card or mortgage payments will not likely affect your score,” he says. To protect your score, he advises, try extending the term of the loan or negotiating a reduction in interest rate, rather than trying to get the principal reduced.

 

5 – Myth: I pay cash for everything and don’t buy on credit or use credit cards, so my credit score should be excellent.

Fact:

Having no credit history, or never using credit, can actually hurt your score, Khalfani-Cox says. Card issuers tend to view customers with neither debt nor credit cards as higher-risk than those who have cards and who manage their debt responsibly. Credit-rating agencies like to see that you have a history of paying credit obligations on time.

 

6 – Myth: My $6 library-card fine couldn’t show up on my credit report.

Fact:

Return your overdue books at once. Even miniscule library fines can lower a credit score by as much as 50 to 100 points, says Rich Rosso, a financial consultant for Charles Schwab & Co. Same with unpaid parking tickets and utility bills. If you pay up before your debt reaches a collection agency, you should be OK; your library probably posts its collection-agency policy online. “Every municipality appears to have various time frames for collection based on size of the debt and the length of time it’s been in arrears,” Rosso says. Cedar Rapids Public Library in Iowa, for example, will initiate a courtesy reminder three times after items are due. If fines are still not paid and books are not returned, then the borrower’s account may be turned over to a collection agency.

 

7 – Myth: If I pay off a collection account, my credit score will clear immediately.

Fact:

Not so. “Paying off a collection account will not remove it from the credit report,” Rosso says. “It will remain for seven years.”

 

8 – Myth: As far as credit rating is concerned, all credit cards are the same, whether it’s a Visa, an American Express, or a card from a department store.

Fact:

Stay away from store-brand credit cards. Approximately 10 percent of a person’s credit score is based on the institutions from which money is borrowed, says Anderson. Finance companies, which are often used by retailers that offer their own credit cards, are considered higher risk than banks. For example, Wal-Mart cards are backed by GE Money Bank and Ann Taylor credit cards are issued by the World Financial Network National Bank. “A prevalence of credit lines from finance companies could negatively affect your credit rating,” he says.

 

9 – Myth: “It’s OK if my card issuer lowers my credit limit a little bit — I never max out my cards. I keep my balance lower than 75 percent, so I should be fine.”

Fact:

That’s wrong, Sherman says. “Most people stay just at the edge of their credit limits, but you want to stay well below your maximum available credit.” That’s because 30 percent of your credit score is dependent upon the percentage you are using of your total available credit. Aim to keep your balance within 25 percent to 35 percent of your credit limit.

 

10 – Myth: I don’t make enough money to have a good credit score.

Fact:

While people with more money tend to have better scores, your income has no effect on your credit score, says Avinash Karnani, co-founder of justthrive.com, a personal-finance management site. “People who make more money are less likely to be borrowing above their limits and paying for things on credit, rather than using existing funds,” Karnani says. But anyone can improve his or her credit score by paying down debt, monitoring your credit report to track how often you’re applying for cards and loans, and making sure to keep your oldest credit card open so it remains in your credit history.

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