New here, hello all. But I'm not new to credit handling.....
I need to learn ways to get collectors to violate "at-will". Please read my major barriers, then I'd appreciate your help
I work for ten loan officers, their Realtors and clients on credit. Much of the work deals with collection accounts. I get 100% permanent deletions for a good percentage of clients, but I need 100% in ALL cases.
I discovered FDCPA + CA's-Rosenthal Act, TCPA and FCRA as potential potent tools some time ago, but virtually all NACA lawyers I've interviewed in SoCal (CA) will NOT take "gotcha" cases.
I need ways to violate the big collectors AT WILL as they are the most time consuming to get permanent deletions from. (PRA, AA, LVNV and the worst--Midland from which I've never gotten a deletion--the others I do but not always). And I need solid cases the lawyers will take. Pro se is not wanted yet.
Most of our clients' collections are 2-6 years old, the collectors had stopped calling. Getting them calling again to cell phones of clients has been very hard!? Plus now there's the Dec. 2012 9th Circuit Appeals Court two-sentence change to TCPA case law (Meyer v. Portfolio Recovery Associates LLC).
Help? Advice? Thank you!
P.S. CA based C.A's must be told of recordings, CA is a 2-party state. Couple other big collectors are in 2-party states too.
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avalon6
Senior Member
posted: Feb. 12, 2013 @ 2:38a
Lawyers not taking "gotcha" cases? I find that hard to believe...
SUCKISSTAPLES
FW Historian
posted: Feb. 12, 2013 @ 2:54a
LOhelper said:
I work for ten loan officers, their Realtors and clients on credit. . How much does this pay? Very curious about those folks who help fix credit for realtors
LOhelper
New Member
posted: Feb. 12, 2013 @ 11:24a
I suppose it depends on the definition of "gotcha". But of the perhaps 12-15 NACA listed lawyers I've interviewed, not taking "gotcha's" as THEY put it is true. I found one that takes them and he's 140 miles away from L.A.
LOhelper
New Member
posted: Feb. 12, 2013 @ 11:29a
By law I have to be independent. I charge flat fees usually for things. E.g.: $175 per collection account (plus 25% of what I save the person if the debt is $800+). The goal is 100% permanent deletions as collections whether paid or open are score killers. Though occasionally I leave the oldest, smallest collection unsatisfied as i learned in certain cases that a given collection is holding scores UP by 35-60 points. "Length of account history" is why. Apparently FICO counts an open collection as part of the history and paying or deleting actually can drop scores. Anyone who handles a lot of credit has seen this, its true.
umcsom
Ancient Member
posted: Feb. 12, 2013 @ 11:55a
I am so glad I am not in this world. I would not be able to sleep at night. Both sides are equally scummy.
Out2Sea
Handsome Member
posted: Feb. 12, 2013 @ 12:48p
What's the main way you get deletions?
LOhelper
New Member
posted: Feb. 12, 2013 @ 1:07p
There is no "main" way, there are just similar patterns. Every collector has its policies. I've made agreements with collector management and even owners about how my clients will get treated compared to the general public. People mistake me for a lawyer, I'm sure that's part of the success.
But since there's 8000-10000 collectors in the USA, the regional collectors I see frequently may not collect in your area at all.
I sure wish some one wouuld answer my question.
jfunk138
Senior Member
posted: Feb. 12, 2013 @ 1:26p
I assume you've visited creditboards.com?
Your business intrigues me. I think there is a real market for paying somebody to take care of getting deletions. The methods on creditboards.com seem time consuming and cumbersome, better to pay someone like you to take care of things.
ZenNUTS
Deez
posted: Feb. 12, 2013 @ 1:30p
Didn't C47 did all these only to over-reach a bit and... the rest if history.
LOhelper
New Member
posted: Feb. 12, 2013 @ 1:52p
ZenNUTS,
I read C47's article series with Jim Wang and the Dallas newspaper article. I saw C47's "overreach". I MERELY WANT TO BE ABLE TO violate at-will a very few certain collectors. One I never get a deletion from, Midland.
How do I locate C47's specific tactics? This board, another board?
SUCKISSTAPLES
FW Historian
posted: Feb. 12, 2013 @ 2:07p
He had a website and offered consulting service. Don't know if he still does
powellm
Member
posted: Feb. 12, 2013 @ 3:31p
You have to get innovative for this kind of stuff - it sounds like the people that probably know this best are your competition and they do not have a good reason to share it with you.
So you want the collectors to start harassing again to violate at-will. Maybe they have some triggers they operate on. Your best bet is probably asking the people that work there(collection office) yourself. Maybe there are some databases they look at you could easily get your clients to show up in to trigger calls to a cellphone ect.
Crazytree
Senior Member - 9K
posted: Feb. 12, 2013 @ 3:41p
On Sunday 60 Minutes had this long segment about how the CRAs are Satanic... because they refuse to just let you fix credit report errors at the snap of a finger.
People like OP are the reason why all these consumers are having such a hard time... because the CRAs are doing their best to stop people from raping the deletion mechanisms they have in place.
LOhelper
New Member
posted: Feb. 12, 2013 @ 3:43p
powellm said: You have to get innovative for this kind of stuff - it sounds like the people that probably know this best are your competition and they do not have a good reason to share it with you.
So you want the collectors to start harassing again to violate at-will. Maybe they have some triggers they operate on. Your best bet is probably asking the people that work there(collection office) yourself. Maybe there are some databases they look at you could easily get your clients to show up in to trigger calls to a cellphone ect.
My competition is only in the LA area, this is a BIG country. Thanks for yr thoughts, worth a try.
SUCKISSTAPLES
FW Historian
posted: Feb. 12, 2013 @ 3:46p
Crazytree said: On Sunday 60 Minutes had this long segment about how the CRAs are Satanic... because they refuse to just let you fix credit report errors at the snap of a finger.
People like OP are the reason why all these consumers are having such a hard time... because the CRAs are doing their best to stop people from raping the deletion mechanisms they have in place.
Saw that 60 minutes piece We discussed it here http://www.fatwallet.mobi/forums/finance/1256472/?start=10
That poor lady who tried for six years to get someone else's name off her report was sad. But as soon as she filed a federal fcra lawsuit it was fixed
People need to use the court when companies ignore you . My mom had an invalid collection on her experian report . We gave them two letters to remove it. Next was the federal lawsuit . After that was the settlement
No wasting six years sending hundreds of letters in frustration like that woman on 60 minutes
LOhelper
New Member
posted: Feb. 12, 2013 @ 4:17p
SUCKISSTAPLES said: Crazytree said: On Sunday 60 Minutes had this long segment about how the CRAs are Satanic... because they refuse to just let you fix credit report errors at the snap of a finger.
People like OP are the reason why all these consumers are having such a hard time... because the CRAs are doing their best to stop people from raping the deletion mechanisms they have in place.
That poor lady who tried for six years to get someone else's name off her report was sad. But as soon as she filed a federal fcra lawsuit it was fixed
People need to use the court when companies ignore you . My mom had an invalid collection on her experian report . We gave them two letters to remove it. Next was the federal lawsuit . After that was the settlement
No wasting six years sending hundreds of letters in frustration like that woman on 60 minutes
Truth is that the CRAs have clauses in their contracts with collectors/debt buyers that they will NOT do a deletion in return for payment. If the CRAs catch a collector doing PFD then CRAs have a right to cancel the contract--and what collector will risk their business if they can't report? Pretty evil, and on top of that when people do pay or settle, FICOs drop for quite awhile (new DLA) and then hold scores generally lower for years.
Its all quite evil IMHO.
New friends, I still need what I asked for at the thread start. I'm being active, please help me.
SUCKISSTAPLES
FW Historian
posted: Feb. 12, 2013 @ 7:14p
I'm not talking about pay for delete at all.
I'm saying the bureaus often will only remove incorrect info after a federal fcra suit gets filed . And the bureau is the one who pays a settlement to the consumer for violating the fcra- I'm not talking about settling a debt, i am talking about settling the lawsuit .
Op I don't think you are going to get an answer to your question in this forum . There are only 2/3 people with extensive debt collection industry knowledge and they likely aren't going to help you. Creditboards or debtor boards would be a far better chance of your questions being answered - there are lots of these debtors trying to bait collectors . We don't really talk abou that in this forum
BenH
Dismembered Member
posted: Feb. 12, 2013 @ 7:39p
lot of acronyms and stuff flown about here. I realize the OP is obviously looking for highly detailed information from others highly in the know - but would someone mind interpreting this so I can learn a little more about what is being discussed? I understand the basic idea is to clean up credit reporting - just trying to understand some more of the advanced concepts.
specifically what is "at-will" and why do we want collectors to violate it?
Who/what is C47?
thx
Crazytree
Senior Member - 9K
posted: Feb. 12, 2013 @ 8:10p
SUCKISSTAPLES said: Crazytree said: On Sunday 60 Minutes had this long segment about how the CRAs are Satanic... because they refuse to just let you fix credit report errors at the snap of a finger.
People like OP are the reason why all these consumers are having such a hard time... because the CRAs are doing their best to stop people from raping the deletion mechanisms they have in place.
That poor lady who tried for six years to get someone else's name off her report was sad. But as soon as she filed a federal fcra lawsuit it was fixed
People need to use the court when companies ignore you . My mom had an invalid collection on her experian report . We gave them two letters to remove it. Next was the federal lawsuit . After that was the settlement
No wasting six years sending hundreds of letters in frustration like that woman on 60 minutesYeah, I wanted to scream at the TV and tell her "FILE A G'DAMN FCRA LAWSUIT, STUPID...!"
Crazytree
Senior Member - 9K
posted: Feb. 12, 2013 @ 8:11p
BenH said: Who/what is C47?He's bunkered down in a burning cabin in Big Bear with 4,000 rounds of ammunition right now.
sesat
Senior Member
posted: Feb. 12, 2013 @ 8:58p
BenH i started a reply but I don't think I've had enough to drink yet
LOhelper
New Member
posted: Feb. 12, 2013 @ 9:44p
BenH said: lot of acronyms and stuff flown about here. I realize the OP is obviously looking for highly detailed information from others highly in the know - but would someone mind interpreting this so I can learn a little more about what is being discussed? I understand the basic idea is to clean up credit reporting - just trying to understand some more of the advanced concepts.
specifically what is "at-will" and why do we want collectors to violate it?
Who/what is C47?
thx here you go, acronyms be gone! Truth is that the CRAs (CREDIT REPORTING AGENCIES) have clauses in their contracts with collectors/debt buyers that they will NOT do a deletion in return for payment. If the CRAs catch a collector doing PFD (PAYMENT EXCHANGED FOR DELETION OF THE COLLECTION) then CRAs have a right to cancel the contract--and what collector will risk their business if they can't report? Pretty evil, and on top of that when people do pay or settle, FICOs drop for quite awhile (new DLA+DATE OF LAST ACTIVITY) and then hold scores generally lower for years.
Its all quite evil IMHO (IN MY HUMBLE OPINION).
MDfive21
Nerdy Member
posted: Feb. 13, 2013 @ 8:11a
OP you need to check out debtorboards.com there is a sh!t ton of good info there, and some knowledgeable people who are doing what you want to do.
JTausTX
Senior Member
posted: Feb. 13, 2013 @ 8:47a
BenH said: lot of acronyms and stuff flown about here. I realize the OP is obviously looking for highly detailed information from others highly in the know - but would someone mind interpreting this so I can learn a little more about what is being discussed? I understand the basic idea is to clean up credit reporting - just trying to understand some more of the advanced concepts.
specifically what is "at-will" and why do we want collectors to violate it?
Who/what is C47?
thx
I am not sure of the specific meaning of "at-will" but I assume the intent is to get debt collectors to illegally contact debtors, who can then use this as a basis for an FCRA (Fair Credit Reporting Act) lawsuit that will enable OP to force the debt collectors to permanently delete a negative item from his client's credit profile.
"C47" is "codename47" an infrequent poster (formerly much more active) here who has a lot of knowledge in this area. He helped a lot of FWF members fight debt collectors and was an expert at suing them (and winning). At one point he became notorious enough that he was featured in the Dallas Observer, in an article called Better Off Deadbeat. Just google him and you'll find a lot more info.
Please keep in mind though if you want to do something like this yourself that C47 was helped by the fact that he lives in Texas, which has strong consumer-protection laws. Other states may be much more difficult.
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