Tuesday, March 11, 2014

Debt Collectors Are Just The Worst!

I always try to be nice, and judge people fairly, but my interaction with a debt collector today made me think that she took that job because she likes being nosy and judgmental. It left me feeling mad, sad, and just bad. (Hey, I'm a poet...) I just knew there had to be more in my past that would come back to bite us as we are trying to get on our feet.

After talking to several people about it, and reading similar stories on the internet, it seems like debt collectors are a perfect example of what is wrong with people's attitudes towards the poor, and makes it hard to not assume that a certain type of person is attracted to those positions. In less than 10  minutes time, she made me feel ungrateful, lazy, guilty, scummy, unworthy of respect, and just in general, not good enough. Here is a tiny excerpt from our long, horrible conversation:



Debt Collector: We need to make arrangements to pay these debts off.
Me: Yes I understand that, I'm perfectly willing, but I can't afford very muc- (rudely interrupted)
Debt Collector: Well how much CAN you afford?
Me: I can probably manage $10 a week.
Debt Collector: That is unacceptable! I have people on retirement, on a fixed income, who can pay $35 a week.
Me: That may be true, but I have a household of four and my husband is the only one working -
Debt Collector: Well are you even looking for a job to help pay the bills?
Me: Yes, I'm looking, I'm also doing other things in the meantime (she called while I was babysitting), but we've only had one car until recently and I have to find a way to get childcare-
Debt Collector: These are your debts to be paid! You owe this money for services rendered to you, and it is your responsibility to pay them.
Me: I understand that, I just told you that I would like to try and do that-
Debt Collector: (talking over me) That is unacceptable. By law I have to inform you that this is an attempt to collect a debt and any info (blah blah blah)
*click* 
Me:  Seriously??

She hung up on me! I called back immediately and got an answering machine. The message I left was basically that I had attempted to make a payment arrangement on my debts and that she refused it an hung up on me. I said I wanted that on record, although I understand that probably counts for absolutely nothing.

It doesn't matter to her that I have been trying to pay off all my debts.
It doesn't matter to her that that is all I can afford.
It doesn't matter to her that there have been expenses and challenges and circumstances that have kept me from being able to afford more.
It doesn't matter to her that these are medical bills from an injury/illness that was not under my control, and that it kept me ill and from working for a looooong time.
It doesn't matter to her that sometimes you can't just go out and "take any job you can find" and make things work.
It doesn't matter to her that I'm babysitting for cash, because I should have "a real job".
It doesn't matter to her that there are some things more important than money when you have a family, and you have to balance the two.

But these things don't matter to her, and they don't matter to anyone who judges low-income families. But, gosh darn it, it should freaking matter. I sincerely hope her, and anyone like her, never has to suffer any of these things, but I also wish everyone would do the human thing and care.

Dear Debt Collector;

I care. I care about my debt, I know that it is mine, and I know I have a responsibility to pay it back. I care about paying it back.
I also care about you, and no matter how upset you made me, I did not make you feel subhuman even though your words hinted at an attitude that is exactly that.
I hope you are really not that judgmental, because if you are, then you are exactly what is wrong with this world.

Despite that fact, I will STILL try to pay back my debt, but I'm going over your head.

Sincerely,
Trisha

Maybe she actually hates it. Maybe it really sucks to go home after a long day of work, where everyone hates you and is angry at you, but you have to pay your own bills. Maybe she's just angry because her situation was at one time desperate enough to even take a job like this. I think I prefer having sympathy for her, rather than just strongly disliking her.


Also, for anyone who is in the same situation, this is an enlightening read. This is copied and pasted from a Yahoo! question.

Can debt collection agencies refuse to set up a payment plan with you if you are trying to settle a debt?

 

I've been a bill collector for the past two years, most of that time spent in an agency that collects for hospitals. 

To answer your question: 

YES, a collection agency can refuse a payment plan. They can also take legal action (if the original creditor allows it) against you EVEN IF YOU ARE MAKING REGULAR PAYMENTS. When an account reaches the collection stage, the balance is due in full. :( 

In most circumstances, the hospital (like any other creditor) has offered their "idea" of a payment arrangement prior to her account reaching collections; Several letters and phone calls should have been made to the patient asking for some sort of repayment. If it has gone to collections, there is NO obligation the collector OR the agency to accept a minimal payment plan. 

Collectors often push debtors to take out large loans because they want an immediate commission. Don't read too much into that, it's the first thing they are motivated by: Immediate payment. 

First, talk to the insurance company. A great deal of claims are paid incorrectly and the insured is actually due more coverage than originally given. Go over every inch of her policy, and ask for the medical records to substantiate her care. Sometimes, insurance companies deny based on incorrect coding, so make sure that the line items match up to the care she received. 

If you cannot find anything to dispute in the bill or with the insurance company, your next step is actually back to the hospital. A client/creditor can pull the account from collections at any time, and they stand to make more money in the long run by collecting the bill themselves than by letting the collection agency handle it. Try to convince them that she will make arrangements directly with them, offer to sign an agreement. Getting the account out of collections as soon as possible is your goal! 

If your sister finds a way to get a loan, try it with the hospital FIRST, as the collection agency will only discount the bare minimum. Another route when dealing with the hospital would be to have your sister write a letter, explaining that she is grateful for the care she was given and include why she cannot pay. Address this letter to the Board of Directors and ask if her account can be written off to charity care. Most non-for-profit hospitals MUST give away a certain amount of free health care services each fiscal year in order to maintain their non-for-profit status. Include her recent bank statements, check stubs, utilities and rent, all of her life expenses so that the hospital can see that she has no means to pay. 

Lastly, make sure that the collection agency is not breaking the law!!! Look up the Fair Debt Collection Practices Act (FDCPA). These laws were made to protect consumers from being exploited, abused, and otherwise treated unfairly when having their bill resolved through a 3rd party. Document the name of each collector, time and date of call. Make sure that she is not being called more than once in a day, that they are not calling her place of business if she has already expressed to them that she is not allowed personal calls during work. There are also stipulations against a collection agency TELLING THE CONSUMER THAT THEY WILL TAKE ACTIONS THAT THEY HAVE NO AUTHORIZATION TO TAKE! Often, collectors will scare debtors into thinking that they will go through legal action, when in fact, the original creditor has given no such permission. Make sure that they are not giving you empty threats. 

Report any violations to the Federal Trade Commission or your State's Attorney General. That will SURELY get rid of a bill collector :) 

Sometimes, getting a bill resolved just falls under speaking with a collector who is an honest and decent person, which is very hard to find in that market. I do my job well; I service the company that I work for, but I never forget that I am there to help someone in need.  (Why couldn't I get a debt collector like this??)

Another thing I found out, is that there is a statute of limitations on debt, meaning that they can't sue you on a debt over a certain age (varies by state).  Pretty much any threat they make is empty. BUT! If they get you to make a payment on it, the statute of limitations starts over, and it is legally collectible/sue-able.  Now my debt is relatively small (no longer in the tens of thousands range), and I intend to pay it, but for someone stuck in a situation where they absolutely can't afford to, to make any kind of payment on it after the statute of limitations has passed would make things much worse for them. 

Yes, totally punishing honesty and keeping people trapped in the cycle of poverty. Way to go, bill collectors.

Ok, rant over for today. I know that was long, so thanks if you stuck with me all the way until the end. I at least hope the information helped someone, since the ranting was pretty much for my own benefit. :)

 

 

11 comments:

  1. hang in there keep on keeping on you are wokring your way along....keeping loviong that husband and little ones and don't let the phone calls worry you, yea it is your debt yes you will get it paid off, but don't let them get to you and cause other problems....good for you taking on the baby sitting, my wife did that for years while i worked out of the house......she worked at the house making it great to come home yes we were poor didn't know it at the time but looking back our five kids lacked for nothing and will tell you so....life is what happens while you are busy making plans ...so keep up the good work...you are not alone, ronaldj

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  2. This is really, really long so I'll split it in two. I was a collector for many years, both agency, and in-house, so I'd like to correct a few things in the article you quoted. First, a collection agency or third party collector MUST by law (the FDCPA) inform you that "This is an attempt to collect a debt. All information obtained may be used for that purpose." So please don't feel badly about that. Second, ALWAYS talk to the collector, as you did. It can sound difficult, but if you keep talking to them there may be a way out. Yes, collectors have to ask intrusive questions to get that information, and the difference is that some people do it gently and well, and others are completely rude and offensive, but the very very worst thing you can do is to ignore them, because then they will probably refer the account for judgment. When I did in-house mortgage collections, I had no foreclosures AT ALL for over two years, because I found resources for my customers, re-wrote mortgages to make payments affordable, and referred my customers to agencies that offered grants for getting caught up in rent or mortgage payments, or for energy assistance payments that just went that little way towards getting someone out of debt faster...but I could only do those things IF someone talked to me. Often they wouldn't until a notice of default was sent out...then they would call and talk to me, and were surprised that there WAS help. Now, I also worked one year as an agency collector...the sort you got on the phone. THAT is a soul-searing profession, and I lasted one year before deciding I could NOT do this job. Essentially, your collector gets assigned a quota each month (many are commission only), and must fill it. An agency gets by contract anywhere from 10% to 35% of your debt as theirs when they collect it for the company you owe it to. As a result, they are very clear in demanding the money. Many people they are demanding it FROM do have access to funds...I can't tell you how often I saw a $20,000 debt paid in an hour. So what happens to someone who genuinely cannot afford to pay? Well, if they send in that $10 that they can afford, with a breakdown of income and expenses, the account goes to a partial payment queue, and the original collector lost it, so all the money you send goes to another collector who never lifted a finger (or a phone) to get it. Result: No one is motivated to HELP you, since you can't pay or settle the account in one lump sum. Agency contracts are often only for six months, so after that, your debt reverts to the hospital (or where ever) for a decision on what to do with it: sue you, or assign it to another agency. Generally, per contract, they cannot pull it back or make payment arrangements with you while the account is with an agency. The reality is, they most likely will not bother suing you, as all this means is that they take you to court, and the judge decides you do or do not owe this debt. (You do). Then the judgment must be executed...either an attachment of property (you don't own any) or a garnering of your wages (you do not have a job). Ultimately, it will cost them more to sue you than they can hope to get (although you would be responsible for legal fees and court costs to be added to your debt in case you ever can pay them).

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  3. Continued: My advice?

    You and your husband should both get free copies of your credit report now, and then go to see CCCS, Consumer Credit Counseling. In many states this is a free service for the counseling, but beware: if they negotiate a payment plan for you it will show up on your credit report as "Payment being managed by a third party" or similar, so try not to involve payment plans for any debt in good standing (credit cards you pay in full, or car payments). They also get a small cut. Often, in exchange for negotiating zero interest or lower interest on your debt, they get all your accounts closed (so if you have an emergency card you can no longer use it). The plus side is that if an agency or a creditor approves this payment plan (most do, automatically) then they will place a note on your account that payments are being made through CCCS and leave you alone, unless you cannot pay as arranged. Now the downside: CCCS requires you make the lump sum of your payment each month. If you're even $10 short, they do not disburse to anyone, opening you up to collection calls again. Therefore any payment arrangement through them MUST BE KEPT. Be realistic in your financial counseling...i cannot tell you how many times I had people desperate to keep their homes/cars/etc. who promised me more money than they could make...I had to tell them that I really didn't want to hear promises that were not possible...all collectors have promise screens that tell you if a promise to pay was kept or broken....and even one day late shows broken. It's a tool people use to evaluate whether they will help or not...very valuable if you want to negotiate to have a record of "promises" kept. (CCCS does charge a fee to manage your accounts).

    Whew..I've written so much that you'll probably close the comment section! DO call the hospital, though, as most hospitals DO have funds for those who cannot pay! Best of luck...I'm sure someone will help you...I know I would if you were my customer! (SO glad I no longer work in that profession!!!). (I don't put my name on anything online, but I wrote comments about SCORE and library use...I love your blog and wish you well!)

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    Replies
    1. First of all, thank you so much for commenting.!, and being so generous with your experience. There is a lot of information in your comment to digest, but I don't mind long comments and tend to do that myself.
      I am currently trying to figure out why I cant get a copy of my credit report (they are having trouble verifying my identity or something - lots of paperwork) and as of now I only have a number, and of course it is poor. That's why things like these debts are a bit of a shock to me, in the sense that I've forgotten I owed them - (out of sight out of mind). I have no intention of ignoring them, no matter how distasteful the process is, because that's a major part of my plan to help get my family out of poverty.
      Debt always has a way of coming back to bite you when it would cause the most damage, and I speak from personal experience. I want to take control of it and prevent future damage. Part of that may indeed be speaking with CCCS. I'm pretty sure I've heard commercials about it, it just took your comment to put it together.
      Yes, some people have resources, but if we were forced to go get a payday loan or something to pay this off, the repercussions would be horrible and long lasting and end up costing us waaay more.
      Thank you so much for explaining the motivations of debt collectors, and also for being a caring one. It really was her attitude and unwillingness to talk to me as a human being, that upset me so much (even though I understand her motivation much better now).
      You've been a great help, in ALL your comments, and I really appreciate it. And thanks for the compliment and well wishes too. :)

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  4. (hug) sorry to hear about your experience. I don't think people really realize that life has a way of paying you back and you really reap what you sow. That comment from anonymous was extremely useful! Will file it away.

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  5. Hi, Debt Collectors should not show abusive behavior. Law provides consumers guidance on how to handle abusive debt collectors. And if you get an unfortunate evidence of Abusive debt collection, its better to consult attorney. the debt collector
    Thanks for this post.

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  6. Thank you so much for sharing a lot of this good content! I am looking forward to seeing more...

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  7. That must've been an upsetting encounter. It doesn’t give them the right to judge someone, just because that person cannot afford to pay his or her debts on time. There’s always a reason behind such situations, and that should at least be put to consideration.

    Stanley Erickson @ Bankruptcy Happens

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  9. That was too bad! I wish the debt collectors have been more courteous on dealing with their clients. Although it’s the latter’s responsibility to pay their dues, it would be annoying to make a transaction when you were being treated that way. Anyway, I hope that's the end of those encounters, and that you're starting to save up for yourself. All the best!

    Tracy Frazier @ Sunnen Law

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  10. If you make the choice to get debt out of your life, we will help you do it faster while legally protecting you.

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