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Certified Debt Specialists would be at a significant disadvantage in negotiation without
a thorough
understanding of the Collection Industry, its background, practices and priorities. This
section of the
training focuses on Collection, Creditors, Collectors and Attorneys.
Background - Defining the Basics of the Collection Process:
Firstly, let’s list the process that collection follows in simple numeric order:
Payment Missed
- Friendly Reminder
Payment still not made
- Another friendly reminder
Payment still missed
- Possible Phone call
No Payment received
- Firmer letter (revoke credit, etc....)
No Payment
- In-house collection
Still no Payment
- Collection Agency
Process starts again (letters, calls...)
Debt collection often starts with the company you own. Their internal collection team(if applicable) will contact you about the debt, leading up to the charge off stage.
Third-party collectors will take over the account on behalf of the original creditor. This group represents "traditional" collection as most of us think of it. This group is regulated by the FDCPA
Debt buyers purchase old accounts in portfolios and even in online auctions at pennies on the dollar. They continue to collect the debt, sometimes even after the statute of limitations has passed.
From obtaining business to receiving payments, debt collection may be one of the nation's most misunderstood professions. Defining the basics--what collection professionals do and how they work--is the first step toward providing a clear picture of one of society's most misunderstood industries.
Third-party debt collection services collect on past-due accounts referred to them by various credit grantors--including credit card issuers, banks, car dealers, retail stores, healthcare facilities, funeral homes--any business that extends credit or offers payment installment plans.
Often creditors cannot locate their consumers because they move or change their phone numbers. The first thing a collection service must do is locate the consumer's current address or phone number through a process called skiptracing. The collection office then sends the consumer a notice that allows him or her to dispute the validity of the debt and/or request verification of the debt. Once the notice is received, a collector may call or write to the consumer and ask for full payment of the debt. If payment in full is not possible, the collector will use many tactics to try to collect the outstanding debt. The collection agency only gets paid when outstanding debt is collected and the amount of payment is based on the amount collected, so the motivation is to collect as much as they can persuade the debtor into paying in as short amount of time as possible.
Most accounts are referred for collection because they have gone unpaid for an average of four to eight months and the creditor has not received any communication from the consumer. Since third-party collection services use specialized phone systems, computers and software designed specifically for the collection industry, along with proven collection tactics, they are more effective than credit grantors at retrieving payment on delinquent accounts.
Third-party collectors are directly regulated by the Debt Collection Practices Acts, (Both in U.S. and Canada) , which is administered by the Federal Governments. The Acts set forth strict guidelines designed to protect consumers from abusive, misleading and unfair debt collection practices. Credit grantor collection techniques are covered by law only under certain conditions.
No. People from all walks of life face financial problems. These problems can stem from poor money management and budgeting skills to from unforeseen circumstances. Statistics in North America show that of all DEBTORS IN COLLECTION, 87 % live month to month on the edge and a major expense like an automobile repair will put them over the edge, 10 % are in collection due to a major disaster in their lives such as divorce, job loss or health issue and the other 3 % are people who plan not to pay their debt obligations.
The collection industry Code Of Ethics requires Debt Collector members to "show due consideration for the misfortunes of consumers in debt and to deal with them according to the merits of their individual cases. Because every account is unique, collection professionals are supposed to carefully listen to the consumer's situation, and find a mutually agreeable solution to their individual payment problems. This is often not the case as the Collection Agency is a “For Profit” business who only get paid on the collection of the debt and cases need to be dealt with as quickly as possible, so the intimidation tactics are their most effective tools, and some agencies rely heavily on these tools.
In addition to more thorough training in the most effective tactics for collection agents, the greatest changes in the collection industry resulted from a significant increase in automation. Several years ago, most collection offices kept track of accounts on paper cards, information was recorded manually and collectors dialed their phones themselves. Today, offices are computerized and use collection-specific software and sophisticated telephone systems with automated dialers. The typical collection agency is a collection of computer terminals, telephone headsets and a pressure environment to collect with more pay and bonuses going to the most aggressive collectors.
Or the collection agencies as we call them. If you are one of those unfortunates who must deal with these fellows bear in mind that preparation is the name of the game. You must prepare yourself for their tactics and make a case for the settlement you wish to make. Collection agencies only get paid when they collect; so the more they can get the more they earn. Here's where you have to stand firm and not let them get you to repay the entire debt. Professional debt negotiators are invaluable to debtors in this regard.
The negotiator's weapons for dealing with the collection agency is to state that you want to be fair to all of your creditors, but you only have so much money to give to each. And if all of them decided to use a collection agency to get their money you might be forced into bankruptcy. If you need to deal with the bill collector personally, then address him courteously, pointing out the reasons why you were late and the settlement you wish to make. You must sound convincing to get his attention. If the bill collector refuses to go along with your idea, make sure you leave him with a good taste in his mouth. That is, you've treated him with respect and appreciate the reception he gave you.
Suppose the collection agency won't accept any of your proposals. Suppose the collection agency says they are going to take you to court to collect. Then your next recourse is to employ the services of a Professional third party negotiator to work out a settlement plan . The negotiator will tell the bill collector (collection agency) that you'd much rather settle the matter before it goes any further. Both of you can avoid a lot of trouble by making a reasonable settlement.
You want to prevent your having to apply for bankruptcy. What's more, the creditor will be happier to deal with a settlement payment which pays off the debt. He gets nothing if you go bankrupt. And a bankruptcy on your record will be the worst thing you can do.
Bill collectors are not allowed to harass you if you don't want them to do so. The Fair Debt Collection Practices Act (U.S.) gives you the right to write the collection agency for whom the bill collector works and tell them to stop bothering you. You usually use this right when things get out of hand. You have the right to:
The letter must contain material which relates to your ability to pay, when and what you will be able to pay. State the abuse the collector has inflicted on you and your family and make a specific demand that the collector stop contacting you. You must be tough and stick to your guns at this point. Don't let them get away with it, The law is strictly on your side!
The law mentioned above protects you only from the BILL COLLECTOR being overly zealous. The CREDITOR can take up contacts with you without worry. Normally he doesn't do this when the collection agency tells him they couldn't collect. He just files it away for the future. And usually forgets about it. Unless one fine day he sees you driving an expensive car.
Below is another article on the subject, the laws mentioned although specific to certain jurisdictions are found in similar form in most jurisdictions in North America.
The law prohibits creditors from using abusive or deceptive tactics to collect a debt. The law, however, also grants powerful collection tools to creditors once they have won a lawsuit over the debt. Here are six frequently asked questions and answers about debt collectors.
It's against the law for a bill collector who works for a collection agency (as opposed to working in the collections department of the creditor itself) to call you before 7 am or after 9 pm. The law, the Fair Debt Collection Practices Act (FDCPA), also bars collectors from calling you at work, harassing you, using abusive language, making false or misleading statements, adding unauthorized charges and many other practices. Under the FDCPA, you have the right to demand that the collection agency stop contacting you, except to tell you that collection efforts have ended or that the creditor or collection agency will sue you. You must put your request in writing.
No, the FDCPA (Fair Debt Collection Practices Act) applies only to bill collectors who work for collection agencies. Several states, including California, Florida, Louisiana, Maryland, Massachusetts, Michigan, Oregon, Texas and Wisconsin, have laws which bar all debt collectors--both working for a collection agency and working for the creditor itself—from harassing, abusing or threatening you or making any false or misleading statement. These state laws, however, don't give you the right to demand that the collector stop contacting you. There is one exception: Residents of New York City can use a local consumer protection law (Rules of the City of New York sec. 5-77(b)(4)) to write any bill collector and say "Stop!"
Perhaps not. Under the FDCPA (Fair Debt Collection Practices Act), a lawyer must review each individual collection case before putting his or her name on a collection letter. The lawyer can't simply authorize that a form letter be sent and then let the bill collector send it, with the lawyer's signature, if the lawyer hasn't reviewed the particular debtor's file. To put a stop to it, you may be able to sue the lawyer for up to $1,000 in small claims court for violating the FDCPA.
No, and it could add a lot to your debt if you did. Many collectors, especially when a debt is more than 90-days past due, will suggest several "urgency payment" options, including:
In this technological age, it's easy to run but harder to hide. Collectors use the following primary resources to find debtors: * relatives, friends, neighbors and employers--collectors pose as long-lost friends to get these people to reveal your new whereabouts * post office change of address forms * state motor vehicle registration information * voter registration records * a former landlord * banks
Not unless it was called for in your original agreement or allowed under your state's law. Many states do authorize the collection of such interest. In California, for example, collection agencies can add interest because the Civil Code (sec. 3289(b)) permits a creditor to charge interest after default, even if the contract is silent.
Note: The following material refers to training of the Collector and is meant to familiarize you with the psychology and mindset of debt collection and debt collectors:
Excerpt from Collector Training program
A collection program cannot be tentative in nature. It must be direct and it must be obvious. You can't beg for your money. You have to put your cards on the table and call the hand. If you have done a proper job of dealing with the debtor from the start, you have a hand full of aces.
When you reach this stage, you should have signed purchase orders, guarantees, delivery receipts and detailed information on the current financial condition of the debtor. To counter your efforts, the debtor has a variety of psychological weapons, which are meant to shift the burden of payment off his shoulders or delay payment indefinitely into the future. The more you have prepared, the less effective these psychological weapons become.
If you are prepared, you have an impressive arsenal of weapons. You have all the evidence you require to obtain a judgment against the debtor and, since you know his bank account number, you can have the sheriff take the money out of it. You have a personal guarantee, which will allow you to pursue the debt personally if you can't get paid by the business. You have all the necessary documents signed by the debtor. You are no longer talking to the debtor about if he will pay but when and under what terms the payment will be made.
Al Capone once stated that you will get a better response with a gun and a nice word than with a nice word alone. While the temptation is certainly there to force a debtor to pay, your weapons are limited by laws and common sense. SOLID collection is designed to use those weapons to their best advantage. There is nothing you can legally do to produce a perfect collection record, but SOLID collection will give you the tools to improve the ratio of collections you can make in house.
SOLID collection is based upon an acronym device to make it easier to remember. The program falls into five basic sections: Set-up, Opening, Lead the Debtor through excuses, Insist on a commitment and Don't hesitate. They spell SOLID because we wanted them to spell solid. You will find it easier to remember.
Set-up for the call. Nothing gets a debtor off the hook faster than a caller who is unprepared. You are going to ask for something the debtor does not want to give up. Your conversation should be pleasant, but you are on opposite sides of the fence. Your best interests are contrary to the debtor's best interests. Do not expect the debtor to help you collect. If you don't have your facts straight, the debtor is off the hook.
Who said to do the job?
You should not only know their name but have their signed order. You should also have them listed on the credit application as one of the company representatives that may place orders.
Who said the specifications were acceptable?
This should also be in writing and should also be from somebody the debtor company listed as having the authority to deal with your company.
Who signed the bill of lading?
You should have a copy of the shipper's information so you can snuff out any notion of shipping problems. If there was a problem, it would be on the bill of lading.
What was sold under what terms?
This document should match closely with the purchase order provided by the debtor. You should know when it was mailed to the debtor and if the debtor has received additional copies of the invoice.
A good vendor calls customers to verify what is received in writing. You should make notes of these calls, who you spoke to and what they said. Problems that did not exist after two weeks have no right to appear after two months.
When were statements sent out or second and third copies of the invoice?
You cannot stop a debtor from pleading ignorance, but you can keep it from being blamed on you.
Now you have a complete picture of the sale. You can not only provide details to the debtor, you can stuff most of the debtor's lame excuses right back in their faces. You have the names, the dates and the activities right in front of you. It will take less than two minutes to review this information, but you will save many phone calls, not to mention money, by preparing for your collection calls.
It would be unlikely that you are the only credit problem facing the debtor. A simple and successful stalling tactic used by many debtors is nothing more than to question some aspect of the debt. This will send you scurrying through your files and may take quite some time. The debtor can work this stall successfully for quite some time and you may not even realize he is stalling. I am not saying that your debtor is intentionally lying. If you make it easy, however, it could take you weeks just to get out of the starting gate.
Open Strong. Don't ask. Don't beg. Don't whimper. Don't whine. Don't request. Above all, don't give hard luck stories. Unless, of course, you want to get involved in a game of I can top that with the debtor. You may get some interesting stories, but you won't get much money. You have to come on strong.
Speak to the right person. One of my favorite scenes from the movie The Pink Panther from United Artists was when Inspector Clouseau, noting a dog sitting near a hotel manager, asked
It is important to understand the PRIORITIES of the collector; we will discuss them in order:
The collector (Collection Agency) will want to collect the entire amount which is outstanding as their FIRST priority, this is where the scare tactics are put to best use by the collector.
The second most favorable situation for the collector is to arrange for SETTLEMENT of the account for as much of the outstanding debt as is possible to get.
If an amount of money is not immediately available to SETTLE the account, the third option of arranging for payments to come in over a long period of time. This is a much longer process for the collector to deal with and is much less desirable to them than settlement. It is also not a situation which leads to the best negotiated settlement of the outstanding dollar amount in dispute for the debtor.
The collector who is not successful with one of the other solutions has only two options left and the next option is to sue the debtor. This is not a very good option as the process is very time consuming and expensive. The parties after a long, stressful and expensive battle seldom are where they could have been through negotiation earlier. If a judgment is granted to the creditor it will last for ten years, this is not good for either party as the creditor has to keep the file open and keep checking on the debtor who has the judgment continually hanging over his/her head. Often the cases end up here because of a deteriorated relationship due to the collection process and the lack of a third party to get negotiation on track. This is where a Professional Arbitrator is invaluable.
If the collector decides that suing the debtor is not a good option due to circumstances they will simply close the collection file. This will result in very negative information to be added to the debtor's credit record, which will haunt them for a very long time. The collector also does not WIN as no funds were collected.
Hi, Mr. Smith, this is Joe from Acme Collection Agency in Anycity. Your file has been placed with us by “Credit Card Co.” for collection in the amount of $5000.
Our company name is Acme, our address is 555 Debtor Street, and our phone number is 555-5555.
The collector will now carry on with his/her own style. Some collections will be very firm with little room for the debtor to breathe. Other collectors will try the "nice guy approach and help the debtor source for funds.
Collectors' styles vary with personalities. Some are very aggressive while others seem very meek. Good collectors are best to deal with as they want to get the account resolved and understand that bullying and intimidation doesn't work. They will help you in getting the best possible settlement.
Inexperienced collectors have just gone through their training and really don't know how to get settlements done. It's our job to help them. Some of these collectors may be difficult to deal with due to their insecurity and feelings of lost control.
Bad collectors may be experienced or inexperienced. They may feel threatened and insecure by you as well. They may be trying to avoid conflict. You can't push them; you must let them feel like they are in control of the matter.
Introverts like to analyze situations. They will consider questions before they speak. They need information (financial statements, POA, etc....) Extroverts like to talk out the situation. They need to feel in control. Let them talk. Don't interrupt.
Some Collectors will work in teams. The first collector will call using a very aggressive manner, demanding payment. If they find that this is not working, they may send in the non-confrontational (nice-guy) collector who will suggest that they look into all possible avenues to clear the debt (relatives, banks...). The debtor may not respond to the aggressive collector but often the less demanding collector will have amazing results.
Debt collectors are regulated in Canada and the U.S. by Debt Collection Practices Acts and need to abide by strict rules. The Fair Debt Collection Practice Act is included with the course materials for your reference.
This section deals with Dealing with Creditors & Collectors - advice that a Certified Debt Specialist should provide to their clients. The material is presented here in the same verbiage you may use when advising and presenting the subject to your client.
Although the process for eliminating your unsecured debt is generally painless, there is one area that can cause frustration, and that is receiving calls from creditors. You have given us the authority to act on your behalf to settle with your creditors. You have also agreed to cease talking to the creditors, and not to negotiate with them on your own. Your creditors want to be paid; trying to contact you by both phone and mail are normal business practices. Your job is to avoid talking to them.
If you use credit cards, owe on a personal loan, or are paying a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."
You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe. Here are answers to some commonly asked questions about your rights under the Fair Debt Collection Practices Act.
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.
You can stop a third party debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
Debt collectors may not harass, oppress, or abuse you or any third parties they contact.
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney's fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector's net worth, whichever is less.
Report any problems you have with a debt collector to your state Attorney General's office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General's office can help you determine your rights.
share this with information with your client advising you will assist with all remedies
The federal Fair Debt Collection Practices Act (FDCPA) offers consumers protection against overly aggressive debt collection actions by debt collectors and debt collection agencies. If a bill collector has violated federal law in its dealings with you, there are steps you can take depending on your goal. These range from suing the debt collector to reporting the collector to government agencies to using the violations as a negotiation tactic on the debt.
The consumer may bring a lawsuit against the debt collector in state court. In the lawsuit, you must prove that the debt collector violated the FDCPA. If successful, you may be able to collect $1,000 in statutory damages, and possibly more if you suffered harm from the violations.
In these lawsuits the consumer is almost always represented by an attorney. The amount of money that the consumer sues for includes the consumer’s attorney fees and costs. Suing in state court is almost always the most time consuming and lengthy of all remedies, but a successful lawsuit can award the consumer the highest monetary damages.
Small claims courts may be a better option for consumers who do not want to hire an attorney or spend the time required for a full-blown state court lawsuit. Small claims courts allow individuals to argue their case without an attorney and through an expedited process. These courts typically offer the consumer one shortened hearing in order to argue the case to a judge.
Usually, you file a simple court document to start the case. Hearings are usually held less than two months after the lawsuit is filed. At the hearing the judge may issue a ruling on the spot or take the case "under submission" and mail you the ruling at a later date.
The disadvantage of using small claims courts is that Small Claims Courts limit the amount of damages that you can get.
The Federal Trade Commission (FTC) is charged with overseeing debt collector actions and ensuring that the FDCPA is not violated. Consumers can contact the FTC with FDCPA concerns. You can file an online complaint using the FTC's Complaint Assistant at www.ftccomplaintassistant.gov.
Consumers may also contact the Consumer Financial Protection Bureau (CFPB). The CFPB takes consumer complaints, passes those complaints along to the creditor, and then works with the consumer and creditor to find a solution to the problem. You can submit an online complaint with the CFPB at www.consumerfinance.gov/complaint.
In addition to violating the FDCPA, the debt collector may also be violating state laws. The consumer may want to contact the state Attorney General’s office in order to receive guidance on a possible FDCPA lawsuit and for any possible state law actions against the debt collector. Many of these offices also receive complaints against debt collectors -- if it gets enough against one collector, it might prosecute on behalf of the state.
When you are trying to settle debt and the collector violates the FDCPA, you (we) can use the violation as leverage to settle the debt. This often works because collectors know that a FDCPA lawsuit can be costly to defend and may result in a judgment against them.
How much leverage you get from the threat of a FDCPA lawsuit depends on the strength of your case. If you have strong facts proving a violation (multiple letters, records of multiple phone calls, testimony of coworkers who received phone calls, etc), you will have much more leverage in debt settlement negotiations.
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