Follow-up to Collection Agency Harrassment of Elderly on Disability

Posted by Patience (wearing thin!) (192.35.35.35) on March 26, 2003 at 21:05:53:

Just wanted to update you on what has transpired since I sent the original note in February and ask for a bit more help.

She decided that it was not worth it to send a cease and decease letter or allow legal proceedings to take place since her health would be at stake. She just wants it to be over. Also, after being instructed by a credit card rep in the original creditors org to send a proposed settlement/complaint letter to them (not to the CA), I followed up to see where they were on reviewing the matter. I got varying input after trying several different internal collections personnel. Via Human Resources, I contacted the manager of the department,who informed me they could not talk to me, that I must speak to the CA. I pushed back by stating I had been told by their own personnel to forward the letter to them and I had a valid complaint about harassment and threats being levied. The answer was the same. Found out they forwarded my letter to the CA for action!!! Unbelievable! I asked aren't they concerned about illegal actions being taken on their behalf by the CA? In response I was told to send a separate complaint letter to another department within creditors’ org. They would then call back the tapes from the CA and determine if further action was needed; that it is illegal for me to tape the conversations with the CA. I was also told the contract between them and the CA was specific on the amount or % of settlement they could accept. No specifics were provided. I surmised that the contract may not allow for a 50% settlement. They have not budged on the amount for the last 30 days. Several of us have decided to pay the debt for her. We have asked for a letter from the CA indicating the agreed to settlement amount and they have refused. Of course we must have it in hand before payment is rendered.

We also filed a complaint against the agency with the Federal Trade Commission regarding the threats being made. BTW the rep from the FTC stated that her statement on the illegal taping may not be true depending on the state. Further that some states will allow you to do so as long as you tell the other party upfront.

-Is it standard practice to get a settlement agreement in writing prior to payment being made?

- What recourse do I have if Joe Blow collection rep is refusing to send a letter? I am considering contacting their home office, but would like to know what is the norm first. I tried to get the name of his manager, but just like before he played tag team with the person that shares his office, another collections rep that claimed he was his manager.

-What other agreements should be in the letter that would be helpful, i.e. impact on credit report, personal tax impact (1099 form), etc.

Please help. I am facing a layoff, so I would like to minimize my financial commitment. But most importantly, I would like to minimize the impact on her health, credit and taxes.

Thanks in advance.

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