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Author: georgiaboy1 One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 308519  
Subject: At the risk of starting a riot again. Date: 11/4/1999 2:51 PM
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I have a quick question and do not wish to get a thread covered with barbed wire started again. My question pertains to the collection agency for Diner's Club. I have worked out an arrangement with them to send additional $$ over and above CCCS until February when I can pay this one off with a bonus I will receive at that time. The collection agent is a snippy fellow and wants my checking account info. He says they can only accept this payment plan as long as I surrender this info to him. He says that he will issue an automatic draft each month to cover the $$ agreed to.

My counselor at CCCS told me to send checks out on the same day of each month (as agreed) and not to give them the info. Mr. Snippy went balastic. He says I am not cooperating and am risking the great deal he has worked out for me. What should I do? (In advance, Eric if you are reading this I know I should just pay the bill (LOL-no hard feelings). Any advice from experience would be helpful.

Thanks a bunch. By the way, 3rd payment to CCCS is history and 4th is coming up. 4th represents 1/13th of the plan. February bonus in going to reduce the plan length from 52 months to 49.

Will
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Author: LeeSc Two stars, 250 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19197 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 2:59 PM
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Will,
You don't have to give the rep from the collection agency any information. I agree with you CCCS rep...send them a payment on the same day every month. The guy is just trying to intimidate you.

Another step I would take is to write a cease and desist letter if this guy doesn't let up. Prior to that, call and speak to his supervisor. I know you won't do it, but I would just tell the guy...in a nice calm voice...that if he doesn't cooperate you'll have no choice but to file bankruptcy. Then they'll get nothing! See what he has to say to that.

Good luck,
Lee

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Author: tadi Two stars, 250 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19198 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 3:02 PM
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I haven't had a collection agency yet but it seems to me that he should cool his heels since he is getting over and above the CCCS arrangement. He's already agreed to that plan right??? So I say whatever you give him is extra and he can either cash your check when he gets it or he can wait for the CCCS payments to keep rolling in. Don't give up your account information and don't give him rights to put his paws in your wallet.

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Author: jlyons42 Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19199 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 3:02 PM
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If you don't mind, I'm going to use your post as a launching board for the question I've got.

When you worked something out through CCCS, didn't Diners' Club accept the terms that CCCS offered for your repayment of your debts to them? You said you are giving them extra money "on top of" what you're paying them through CCCS. From what little I know of how CCCS works, they call your lenders and work out with them to offer you a means of repayment. So doesn't that mean that Diners' Club talked to CCCS and accepted that offer? Can they then send a collection agency after you anyway?

I would certainly not give my checking account information to Mr. Snippy, but then I don't know much about the legal ramifications of that action. Have you talked directly to the people at Diners' Club to make sure that they really know about this Mr. Snippy and what he's doing? I know that collection agencies are nasty, nasty things, but I didn't think they could do things like this.

Can anyone clarify this for me a bit?

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Author: TMFJedi Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19200 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 3:03 PM
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Why are you dealing with the collection agency to begin with? You should deal with Diner's Club (or whoever the original debt it with) and send the collection agency a cease-and-desist letter, as I understand it.

Kaiti


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Author: AntiTrader Three stars, 500 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19203 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 3:06 PM
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Maybe I am completely naive, seeing as how I have never delt with a collection agent or the CCCS, but what the heck should Mr. Snippy care?

Do collection agents get a piece of the repayment pie? Let say you owe $4000 and Mr. Snippy convinces Diners to take $2500 of the debt and be happy they got it. Does he then tell you that you only have to pay $3000 and you had better thank you lucky stars that is all and takes the $500 for his troubles? If he gets a small part of each payment, then I could see why he was going balastic. If automatically withdrawls the payment every month, takes his 15% slice of the pie and forwards the rest to Diners club, that is why he is pissed.

From your post, I would have to whole heartedly agree with the CCCS counsler. Don't give out any more info than you have to, and it sounds like you don't have to. Eric is right, pay the bill :-).

Good luck on the the other 12/13th's of the plan.

Brian

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Author: TDMENEUF Big gold star, 5000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19204 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 3:09 PM
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My counselor at CCCS told me to send checks out on the same day of each month (as agreed) and not to give them the info. Mr. Snippy went balastic. He says I am not cooperating and am risking the great deal he has worked out for me. What should I do? (In advance, Eric if you are reading this I know I should just pay the bill (LOL-no hard feelings). Any advice from experience would be helpful.

Wow, that sounded so familier, only my Mr. Snippy was with AT&T Universal. I offer so much a month, he wanted 10x's more. He basically wanted my rent! I told him no. He said he would accept XXX dollars if I would give him all my checking account information. I said NO way! He flipped! We then went to CCCS, handed everything over to them and never dealt with Mr. Snippy again. Oh and AT&T ended up taking 1/2 of what I originally offered them in the deal but not after I wrote a letter to his supervisor complaining about the rude, obnoxious treatment I received from Mr. Snippy.

He lost his job.

Do not give them what they want. IF he continues this path, ask for his supervisor's name and go over his head.

Deannda
::no more credit cards, no more collection agencies, no more hassle::


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Author: SirNeo Two stars, 250 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19205 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 3:24 PM
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ABSOLUTELY, POSITIVELY do NOT give those guys any info about your checking acount!

In fact, I would only pay them via money order.

In fact, whay are you even talking to them? Tell them to piss off that you will only deal with the original creditor.

Collections Agencies NEVER DO YOU ANY GOOD! They can only hurt you. once you start paying them they will open up another item on your credit report as iff you owed them a debt as well (So you end u pwith the same debt reported twice!)

IF you're going to deal thru CCCS, then deal thru them. Send the collectiosn agency a cease and desist. Do it registered mail and do it right away.

And also, stop talking to them on the phone!

Check out www.creditnet.com for info on dealing with these guys.

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Author: georgiaboy1 One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19206 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 3:26 PM
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Thanks for the advice so far. To answer a couple of questions posed earlier, Diner's Club doesn't ever work with CCCS. They declined our plan from the beginning, but accepted the payments made through our plan. The collection agent is getting paid for all debts collected. I spoke with Diner's Club and they don't want to deal with me, and recommended I work something out with Mr. Snippy. I think I will call his boss and deal with someone a bit more calm. My counselor at CCCS tells me that I don't have to tell him anything or send the extra $$. I can send a cease and desist letter, but I am told by CCCS that this could rain some legal trouble down on me. By the way, I do intend to pay all my debts in full. Thanks for all the advice.

Will

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Author: SirNeo Two stars, 250 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19207 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 3:27 PM
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that he should cool his heels since he is getting over and above the CCCS arrangement. He's already agreed to that plan right??? So I say whatever you give him is extra

In fact, I bet what he gets from you is pure profit!

He's extorting you because he can and diners club will never see that money! Any of it!

Talk to Diners Club directly. Find out if what they're getting thru CCCS is sufficient, it should be-- challenge them to explain WHY its not sufficient.

And send this collections agency blankety-blank a cease and desist.

You should not even be talkign to him- it gains you nothing.

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Author: SirNeo Two stars, 250 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19209 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 3:39 PM
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I spoke with Diner's Club and they don't want to deal with me, and recommended I work something out with Mr. Snippy.

Then senc mister Snippy a cease an desist letter and see if Diners club wants to work with you THEN!

The reason tehy want you to work thru Mr. Snippy is cause they know he intimidates you. And its clear from your postings here that he intimidates you. This intimidation is likely to cause you to make mistakes in Diners Club's favor. Don't fall for it.

You have the legal right under the FDCPA to tell Mr. Snippy exactly where he can go and under federal law he cannot contact you again- that means that Diners Club (the only people you owe anyway) WILL HAVE to deal with you. If they send antohe rcollection agency after you, sned another cease and desist. They are just wasting time... and time is on YOUR side. (The longer a debt goes unpaid, the less they will settle for.)

ITs clear youre not believing what you're reading here fully, so check with the government. Go to www.ftc.gov and read their info on the Faid Debt Collections Practices Act- FDCPA.

Make it clear that diners club is going to have to deal with you if they want the money- and they will comply.

You've just given them no reason to deal with you directly. I know its silly, but send the Cease and DEsist to a couple agencies and watch what happens.

Neo

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Author: SirNeo Two stars, 250 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19210 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 3:42 PM
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can send a cease and desist letter, but I am told by CCCS that this could rain some legal trouble down on me.

This is why I hate CCS-- they are really just another collections agency. Don't believe me or them, believe the FTC. Go to www.ftc.gov and read up on the FDCPA and then send it.

The agency has no legal rights whatsoever. If diners club wants the moeny they have to deal with you. If they threaten to sue (which is illegal, by the way), then threaten to declare bankruptcy- but they wouldnt' do this because they want the money and you're willing to pay them-- in fact you ARE paying them.



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Author: sdb2000 One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19215 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 4:03 PM
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http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm

"Can you stop a debt collector from contacting you?

You can stop a collector from contacting you by writing
a letter to the collection agency 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."

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Author: johnmoni Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19218 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 4:14 PM
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"Thanks a bunch. By the way, 3rd payment to CCCS is history and 4th is coming up. 4th represents 1/13th of the plan. February bonus in going to reduce the plan length from 52 months to 49."

Way to go Will!!!!! You'll be there before you know it!!!

By the way, you can't possibly start a bigger riot than I did by asking a simple question about homeschooling. I was even threatened with being banished to the penalty box!!!! (Remeber "March of the Wooden Soldiers" when Tom Thumb was banished to Bogey Land?!)

johnmoni

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Author: georgiaboy1 One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19223 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 4:28 PM
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By the way, you can't possibly start a bigger riot than I did by asking a simple question about homeschooling.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Sorry I didn't follow up to support you on that one. We would love to homeschool our children. 4 of my wife's cousins are doing it and you wouldn't believe the amount of support there is in GA for this program. You can even involve your kids in public school sports & recreation programs. There are support groups, clubs, websites, field trip clubs and round robin activity clubs. They had a forum in our community recently and several hundred people turned out to learn more. We all ready have 300-400 school age kids in home school programs. The kids are also far ahead of the public school children. They test higher and the state university system is starting to chime in on how much better the students are prepared. Thanks for your encouraging posts. You are definitely one of my favorite fools. Remember, your best credit is your own cash! I love it!!

Will

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Author: joeclancy One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19224 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 4:49 PM
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Congratulations on your success at debt repayment, Will. I have followed your saga and I well remember my days of dealing with colectors, and dreading answering the phone. I can -- and do -- sympathize with your plight and I find myself grinning when you post another successful step. (now if only I agreed with you about this homeschooling thing....)

Good luck, and keep at it -- you're my TMF soap opera!

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Author: IndecisiveFool Big funky green star, 20000 posts Top Favorite Fools Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19226 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 5:00 PM
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By the way, you can't possibly start a bigger riot than I did by asking a simple question about homeschooling. I was even threatened with being banished to the penalty box!!!! (Remeber "March of the Wooden Soldiers" when Tom Thumb was banished to Bogey Land?!)

It was a hasty post by me. I have never banished anyone to the p-box. I have actually enjoyed your posts in the past.

I hope you are have fun going from board to board rehashing the p-box post. How many boards does that make it? 5? 6? Weeee, this is fun!

Pthlbthlbthlbthlb!

..IF


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Author: forumcap Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19234 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 6:33 PM
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what the
heck should Mr. Snippy care?

Do collection agents get a piece of the repayment pie?


Sure do. Collection agency employees make a lot of their income from commission. (I have a friend who used to be a bill collector.)

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Author: Dawn77 Three stars, 500 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19240 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 7:49 PM
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"Collections Agencies NEVER DO YOU ANY GOOD! They can only hurt you. once you start paying them they will open up another item on your credit report as iff you owed them a debt as well (So you end u pwith the same debt reported twice!)"

In my experience, they report a second account whether you pay them or not.
Dawn



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Author: Dawn77 Three stars, 500 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19241 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 7:52 PM
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"I can send a cease and desist letter, but I am told by CCCS that this could rain some legal trouble down on me. "
I'd like to hear more about that if you care to devulge
Dawn

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Author: johnmoni Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19256 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/4/1999 10:33 PM
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"Weeee, this is fun!"

Yahoooey!!!

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Author: georgiaboy1 One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19274 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/5/1999 9:33 AM
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"I'd like to hear more about that if you care to devulge"
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Response to Dawn77's question:
CCCS tells me that collection agencies are getting a bit more testy when they get the cease and desist letter and are having a bit more influence on the original creditor. The original creditors have guidelines for how long they want to keep a bad debt on their own books. Most cc companies will work with you and take the original debt back. Diner's Club is a bit different. Because the debt is supposed to be paid back each month, they won't hold it on a revolving basis. American Express is another example of this. Anyway, the collection agencies are suggesting to the original creditors to take legal action on increasingly smaller accounts.

My counselor tells me that while this wouldn't get far (court looks at creditors who are getting paid something on a regular basis with a critical eye). Once the judge finds out the debtor is working to repay the debt and participating in debt counseling, the suit is usually thrown out. Getting to that point is the trouble. I hope that clears up your question.

Will

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Author: johnmoni Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19283 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/5/1999 10:08 AM
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"Once the judge finds out the debtor is working to repay the debt and participating in debt counseling, the suit is usually thrown out. Getting to that point is the trouble."

Good point Will. If you can prove that you are trying to pay, judges will usually tell the CC companies to cool their heels. Now, as you know, I am not a proponent of using the system to purposely take advantage of the courts sympathy with debtors. But, if you are trying to get out of debt (no matter how it was incurred) the facts are that law/judges/courts are usually on your side. And, you can easily represent yourself if it ever gets that far. Show up, act respectful towatd the judge, and have your paperwork to demonstrate that you've been paying, and you will most likely prevail. My sister is a lawyer who represents creditors in these types of cases, and she has some amazing stories of how far the judges will go to protect even the most "deadbeat" debtors.
johnmoni
(I am not a lawyer - this is NOT legal advice.)

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Author: lunacx3 Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19284 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/5/1999 10:40 AM
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<<Thanks a bunch. By the way, 3rd payment to CCCS is history and 4th is coming up. 4th represents 1/13th of the plan. February bonus in going to reduce the plan length from 52 months to 49.
Will>>

Congrats Will, you have made remarkable progress!! Your *will* and determination is an inspiration to us all. I would not give Mr. Snippy the info, do what CCSC told you. I would not trust any collection agency with checking account info, stand your ground with this one.Keep up the great work.

Valerie



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Author: georgiaboy1 One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 19285 of 308519
Subject: Re: At the risk of starting a riot again. Date: 11/5/1999 10:46 AM
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Final post on the collection agent saga. I spoke with him again today and told him that I would mail him a money order each month as agreed and I refused to give him my checking account info. He backed down and agreed. Maybe he hasn't had his mandatory gum scraping to make him mean this morning. Thanks for all the support and advice.

Will

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