Re: raw simplicity

Posted by lucy (204.32.29.37) on August 22, 2002 at 03:24:07:

In Reply to: Re: CAMCO and CR insertions -- pl, Marcy, LadynRed, are you out there?? posted by kelly from nevada on August 21, 2002 at 13:44:40:

The debt in default that is taken off the OC's books and put into collection is a "bad debt" and owed until it is paid or discharged in bankruptcy.

A debt collector can not sue you to collect if the statutes of limitation permitting litigation as a remedy have run. Even the threat to sue you to collect leaves them vulnerable to litigation by YOU for violation of FDCA.

And per FDCPA they can not harrass you or mislead you (hah!) into paying.

What they can do is persuade you to re-age the debt by entering into a contract with them to pay, thereby actually becoming your creditor, just not your original creditor.

In real life, they persuade you to pay by harrassing you and misleading you and threatening you, explicitly and tacitly, verbally and by mail.

You will see reference here to "playing the moral card."

That means preaching at you to the tune that yu have a "moral obligation" to pay.

And perhaps you do. Either from personal belief or as credo in your religious practice, perhaps you do.

And it's a quandry, if your morals or ethics or both were violated by inability to satisfy a fnancial obligation.

Your OC can not by law carry a debt beyond certain time limits after default. And you thereafter can not pay the party to whom you owe the debt.

Instead, you must pay an organization that bought the debt at a fraction of the face value, that bullies, cheats, lies, skates close to the edge or violates both law and common decency, and otherwise presents as an organization you would simply never voluntarily support.

As you will see in past posts, some people don't understand why you would pay a bill collector when you don't have to pay.

Well, you either understand why, or you don't understand why. And if you don't understand why, you never will no matter how someone tries to explain the basis for the DESIRE to pay. Because it is not founded on "getting them off my back," its roots lie in personal honor.

Hence, no small part of what's known as "credit hell" is wishing you had been able to pay the OC exactly as agreed, as many were doing before some catastrophe upended their financial lives.

I don't think anyone in his or her right mind wants to be spending his or her life defending his income and CR and other assets. But that is what most of us will wind up doing, simply because that's where we are on as the tick of the biological clock drones on.

What angers me most is that there is no provision for accommodating people who want to pay the OC, or at least want to pay the OC what they owed when the debt went into default. And that if there ever is one experimented with, it will be set up to ensure that it's unworkable. Say: All right, you way you want to pay your OCs, just send a check for $x,000 per creditor. You won't? Oh, well, just goes to show ...

Maybe we are the minority voice in this wilderness, but there we are, nevertheless.

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