I am a debt collector

[notsoevil]

Hi I work for a debt collection agency and I just wanted to say I am never threatening or nasty (though people on the phone can be to me!).

 

I am just doing a job, trying to mostly reclaim monies people have borrowed or spent and not repaid back for whatever reason.

 

I am very reasonable to everyone I speak to and try to understand that persons situation, yes sometimes means talking to them about getting a loan, but in some cases people are paying out more in the way of repayment then an actual loan will cost, so in this cases I find it helpful to the debtor to advise them of this.

 

I never try to take something a person hasnt got, and go through inc and exp to find out how much they can afford to pay (not how much is left every month!).

 

In my experience people who are called on a regular basis is normally because they have avoided calls and letters. Best advise (unless ofcourse it has been over 6 years) is to speak to someone, if the person you speak to is not very nice tell them you dont like the attitude put the phone down and call again, the next person may not be so horrible!

 

If the debt is re bank charges or interest tell them so! Ask how much the company will accept in a way of full of repayment - or make an sensible offer, most companies will accept this - generally not less then 70%.

 

Bare in mind though if you do offer a settlement less then the original amt the remainder of the debt will say on credit file as being outstanding.

 

If you are on a low income offer token payments - whatever you can afford even if it is £1 a month (though your income and exp will have to prove this). It shows willing!

 

Any questions (no abuse please) please ask and I will try to help.

 

Thanks

[Curlyben]

Welcome to CAG.

 

Unfortunately you seem to be in a shrinking minority here and I hope you read up on the whole Consumer Credit laws and OFT guidelines.

 

While I do agree that most DCA employees are simply doing a job, the sheer amount of misinformation and down right falsehoods is what give debt collection an extremely bad name, especially in the consumer field.

 

This is the main reason we always advise people to deal with DCA's by letter ONLY. It helps alleviate the whole ranting and shouting escalation that can, and does, take place during phone conversations. Also it ensure a good traceable record of exactly what has been said and/or agreed.

[sequenci]

I have been in contact with LOTS of reputable debt collectors over the years, I do think you all get tarnished with the same brush. It is a shame that the vast majority don't act very professionally at all nut I'm glad you do. You may well take a little bit of flack from some of the users on here, be prepared for that. I welcome you to the forums and hope you stick around as I'm sure your opinion on matters will be great to have!

[BARFLY]

I'd agree with you to a certain extent. Several of the DCs i was in contact with regarding full and final settlements acted in a civil manner. It seems to be the when the DCs have unenforceable agreements etc. that they become nasty. They try all the tricks in the book whether legal or not to intimidate the debtor into paying an account that is by law unenforceable through the courts. I had a DC write to my fathers address last week - same name, same town, different address - for an outstanding debt in my name. I have never used that address and i have always kept them up to date with a contact telephone number and address so that they dont try for a CCJ by default. Obviously a deliberate attempt to embarrass me with family. He asked my father, who suffers from Parkinsons, if he was related to me and that if he was then they had a right to send mail to his address. My father stated that he wasn't and demanded a written apology - that will be the day. What is needed is a regulatory body that actually has teeth and can severely punish the transgressors.

[Misterzeus]

Hello notsoevil,

 

Thank you for posting, it’s nice too hear that there are some decent DCA workers around.

 

If you are on a low income offer token payments - whatever you can afford even if it is £1 a month (though your income and exp will have to prove this). It shows willing!

 

This is exactly what we did, as soon as we had financial problems we did not bury our heads in the sand and ignore them hoping they would go away. We wrote to all concerned and have kept in regular contact – albeit in writing, unfortunately, we have been treated with nothing but contempt with the dealings by both Original Creditors and DCA’s alike.

 

We have been lucky that we have not had to deal with harassing phone calls from the majority of our creditors, because our telephone number is ex directory and was never given when we moved house (we didn’t have one to give at that time). They were given a mobile number and when the calls started, we ditched the mobile.

 

Those that persisted were given harassment letters and eventually they too stopped.

 

What really annoys me is the attitude of the majority of Creditors/DCA’s believe that the debtor “won’t pay” as opposed to “can’t pay”.

 

You are to be commended for posting on here, but you must understand that the majority of us “debtors” have suffered months (some years) of constant abuse because of circumstances beyond our control.

 

 

 

To be made to feel like the lowest of low is something I would not wish on my worst enemy, hope you understand

[Pinky69]

It's against OFT guidelines for DCAs to induce debtors to take out loans to clear debt. You speak of debtors ignoring letters and phone calls but DCAs ignore letters all the time. It is against the law for DCAs to pursue disputed debts and accounts which have no credit agreements but debt collectors carry on regardless and think they are above the law. If you are polite, you must be unique. Don't expect much empathy on here.

[adamski]

Notsoevil May I ask why are you here?

[Rhia]

If your "debt" is made up of penalty charges and/or mis-sold PPI plus contractual interest then there is no debt and no reason why you should offer settlement. However if the DCA is happy to refund these to you I am sure you can reach an amicable arrangement.

[PriorityOne]

I am just doing a job, trying to mostly reclaim monies people have borrowed or spent and not repaid back for whatever reason. If these are only "mostly", then what are the other supposed debts that you go after ? Presumably, you also have the correct legal authority that allows you to pursue payments on any amount alleged to be owing as well ?

 

I am very reasonable to everyone I speak to and try to understand that persons situation, yes sometimes means talking to them about getting a loan, naughty, naughty.... but in some cases people are paying out more in the way of repayment then an actual loan will cost, so in this cases I find it helpful to the debtor to advise them of this. Much more helpful to advise them to make a CCA request though...

 

 

[Guest forgottenone]

I'm with MZ and P69 on this. TBH, it all sounds like Playschool ie an artificial world, where everything is perfect, everything and everyone does what they are supposed to, and everyone can be fwends again afterwards ... Nothing personal ... except for what we've put up with. I won't even begin to go into those pushed to suicide by the 'nice as pie' DCA's/creditors who use a sledgehammer to crack someone who is suffering with severe illness and it's harming their health bit excessive when said and done, not to mention then becoming more aggressive, more intimidating when said DCA/creditor finds that out about a debtor; not all, but some. Very archaic, very barbaric, inhuman don't you think?

 

Edit - There is no honour in what I've seen some of the very well known, very large, international companies do when pursuing a debt. Also, they do seem to come down harder on people who have very little, would that be because they assume *incorrectly on the whole* it is easier, easier target; will crack easier? So, I see no honour in these kinds of things. In any of it.

 

So, yes you are very brave coming here but you are and will be attempting to justify an industry that ... for some or the majority, it causes untold misery. People become scared, they become terrified when faced with a massive company roaring towards them like a freight train ... and the creditors know this ... as do most of the DCA's. Debtors, on the whole, do what is necessary to contact you, but for the ones who it terrifies into submission or don't know they even had rights that is when it gets worse.

 

Edited July 24, 2008 by forgottenone

[Guest forgottenone]

Ah, I see you are ready for a comeback, NSE, looking at the 'currently active users' ... and can't help but notice *on my browser anyway* the five other 'guests' looking in on this *well, it says 12 in my browser are viewing but only five in* ... You may have a promising career, however, in PR with your post. I mean that seriously, though, and that your talents/attributes/skills may be being wasted in your current employment.

 

 

Anyway, have fun but ... well, you are on a forum ... where people get to know about their rights ... and you will get some short shrift from those who have been ... treated inhumanely by ... the majority of DCAs. Also, where you said about talking people into a loan. Erm, someone probably mentioned it, but that would be against OFT guidelines.

 

but in some cases people are paying out more in the way of repayment then an actual loan will cost, so in this cases I find it helpful to the debtor to advise them of this.

 

Oh, BTW, I have been nothing but polite with creditors on the phone - it's my upbringing, what can I say? - but in every instant it has not been reciprocal. Some need to get some form of therapy the way they rage down the phone at you TBH. But that's not you, from what you post, so you don't need to worry.

 

Meant what I said about changing career. You seem to be wasted in your present one.

[notsoevil]

I only speak about potential for people to get loans if I feel it could help them, I never pressure them into getting one and talk through all possible ways of clearing the debt. Most people dont want to be in debt and they want to clear it as soon as possible. For those that obviously cant afford to get a loan to help clear then I talk through other ways of repayment such as a plan etc. For example if somes inc and exp indicates they have £30 left over each month I never ask for £30 (its the way I was trained) for this amount I would ask for £10. Everyone has to live on something! We would review everyone circumstances every 6 month and yes sometimes that means lowering the repayment each month! There is no point in my view asking someone to make a monthly repayment that they cant afford.

 

Ofcourse we try to get people to increase on their repayments but it depends on their circumstances, I have been known just to ask for £1 - £1.50 increase as a small amount does sometimes take months off the amount of time a person will be repaying.

 

Also if I feel a colleaque has been unreasonably harsh to someone, I do make it known and will on most cases take the call over.

 

I also advise lots of people on bank charges, so many havent yet written in to their bank and are thinking on waiting for the end of OFT case. My advise is DONT, do it now!

 

Many years ago I myself was in debt and remember exactly how scary it felt, so I always try to empathise with everyone.

[notsoevil]

Oh should add again that I speak to about loans etc we are not allowed to tell them to get a loan, if they do and its helpful to them great - if someone tells me they are going for a loan and I dont think they can repay loan I will ask them to recheck their Inc and Exp to make sure they can comfortably afford repayments.

 

I have also refused people offer to pay monthly if for eg. they said they can afford £20 a month and their income and Exp shows only £10. There is no point setting up an agreement which will fail, and cause more stress to the "debtor".

 

Strangley i have had so many thank you letters, cards and written letters after I have "helped" people.

 

I see my job not as "show me the money" but more helping people who really do need it.

[Multay]

It's a shame the woman who just left a message on my phone saying that they will commence court proceedings if I don't ring back by 9.00pm tonight doesn't work with you....

She left it as a message...haha...should come in handy for my counter claim when we go to court and the debt gets booted out for no CCA!!!

 

You need to be carefull though, many DCA's look at these lists and if your bosses see that you are "nice" you may find you are out of a job...

[hme.4x4]

Sorry, I think that's a bit rich coming from a debt collector!

 

No way I could get a loan because the debt collectors have slammed me with defaults when I have been in an agreed DMP for years!

 

Tell you something though. I am sure you are the genuine person you say you are. But the debt collection industry has done nothing for me but take a destructive attitude towards me to the point where I was in such a state of depression I did seriously consider 'ending it all' for a while.

 

Anyone who is employed to do that to a person needs to consider a change of career. I know I wouldn't be able to sleep at night if I was making someone's life a misery. Sorry, but shame on you.

Edited July 24, 2008 by hme.4x4

[adamski]

In most cases the creditors should never have lent people the money in the first place thats the reason we are all the poo right now.

 

and now the likes of yourself and you bosses are making a mint out irresponsible lending, for instance Lloyds TSB gave me a £5000 credit card when I only earned £12,000 per year please tell me that is not iresponsible, they decided the limit not me.

 

It should be the creditors that are held to account not ordinary hard wroking honest decent people who keep this country going, even though it is going to the dogs.

[tomterm8]

I think people know where I stand on the law, but there ARE debt collectors who act professionally. Then again, you also get debt collectors that try it on in the most dismal way.

 

I am on the verge of bringing a private prosecution against one set of scalliwags who tried to make out they could bring a statutory demand on a "debt" of £500.

 

The truth is, I agree that calling DCA's can be a good idea, but it is absolutly vital that you record the content of every single call, and know the rules DCA's must abide by.

 

It is NOT the place of a DCA to tell you what you "can afford". that is up to the courts. A DCA's job is to recover the maximum they can from a debtor.

[adamski]

I would never give a DCA income and expenditure details, as they want as much information from you as possible in order for them to assess what they can sqeeze out of you and to enable them to get charging orders to make it a secured debt, attachement of earning etc with all that information them they can make a decsion whether or not to use the courts or how hard to chase you, not a good idea, we all know what we can afford we do not need to fill out a form to tell us

[tomterm8]

I'm not sure of that. Income and expenditures are necessary if you ever want to come to a deal... but using a service such as payplan is useful, because you should never tell them details like what assets you have etc.

[adamski]

I have found keeping my details to myself is the besy way forward it has worked for me I have just rang up and made an offer they normally accept, the only way I would giove these details was if I had to to a court not to a DCA who would pass the info around willy nilly to all their mates

[tomterm8]

Entirely your choice, mate. You certainly have no legal obligation to provide it.

[sequenci]

I would never give a DCA income and expenditure details

 

The industry-standard way of dealing with debt is to provide all creditors an income/expenditure form and then offer either a pro-rata or token offer based upon what is affordable.

 

I would imagine the creditors would be quicker to go for further action if you were not to, afterall it is VERY easy to look on the land registry to see what is what.

[welshgirl21]

My experince with them is ok offering a token payment, then 3 payments down the line i get letters saying it was only temporary, and my payments are str8 back upto what i couldnt afford, and when i do call they argue that they wont accept a payment offer i could afford, so i dont bother answering the phone anymore, dont need the stress

[notsoevil]

Hi

 

DCA should never leave a message on answerphone or otherwise that could indicate that it is a debt that they are chasing! So the person who has left the message stating they will issue court proceesing has broken the DPA!

 

Keep that message and inform the company that you are reporting them for such an act!

 

Also people if DCA are unusing undue force remember that you allowed to ask for every recording and notes that they have on, so if someone is being nasty just remind them undue force is illiegal as well as making threats, their calls are recorded and you are allowed to ask for all the recordings!

 

Remember it is not in the DCA interest to take you to court as it costs them more!

 

Also if someone is using undue force remember to say you are willing to pay back at the amount you can afford which is (x) amount a month, have back up to prove it.

 

If they still refuse as these people are after more money then using a giro slip which hopefully they would have sent you on one if their letters start paying that amount.

 

If you get another call say you are paying what you can afford, have provided inc and exp that state you can only afford that and they have refused. However you want to clear that debt and so will be paying it at that amount and seeking legal advice

 

They should then leave you alone!

 

I have had many people upset on the phone due to previous co treatment. I have always listened and did the best I can to sort out an arrangement.

[OnMyWayOut]

Could I ask if you are connected to any of the DCAs who get bad press on this site? If so, are they aware of you posting here (i.e. with their agreement)?