• Report: #279504

Complaint Review: Total Visa - Plains Commerce Bank

  • Submitted: Thu, October 18, 2007
  • Updated: Wed, December 16, 2009

  • Reported By:San Antonio Texas
Total Visa - Plains Commerce Bank
PO Box 90340 Sioux Falls, South Dakota U.S.A.

Total Visa - Plains Commerce Bank Total Visa Admits They Break the Fair Debt Collection Law and Harasses Sioux Falls South Dakota

*General Comment: Wow...

*Consumer Comment: Here we go again

*Consumer Suggestion: Stop whining

*Consumer Suggestion: Stop whining

*Consumer Suggestion: Stop whining

*Consumer Comment: Read the FDCPA

*Consumer Comment: FDCPA Not Applicable to First Parties

*Author of original report: You people don't know anything

*Consumer Suggestion: Good at digging!!!

*Consumer Suggestion: If it's the card company's own collection department....

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I, like other people got this card to try and approve my credit. Big mistake. I admit I went over my credit limit. I had been out sick for a month and was unable to make the minimum payment one month. They called to tell me that I was behind. I thought I set up a payment arrangement with them. Until they're so called bill collectors kept calling me every 2-4 days to tell me I owed money. I got into a very heated discussion with them. I was informed that I had only 2 options; to pay the amount due now or to post date a payment. Well, I told them I didn't have the money now as payday isn't until later and that I don't post date anything. I was yelled at and demanded that I do one of the 2 payment options that they wanted me to do. Told them no. It was going to be my way or no way. She tried hanging up on me several times. Guess she didn't like that I was taking charge of the phone call. Had her speechless when I told her she was not going to hang up on me, that I wasn't through talking. Bill Collectors don't like it when you stand up to them and hold your ground. Was told that they don't deal with people like me. Meaning dead beats. Fine, whatever. I was willing to work with them, and keep their card, but no more. Got a call from them again today wanting payment. Told them I was cutting my card up and sending them a cease and desist letter. The person on the other end got very defensive and told me that it didn't matter if I cut the card up and cancelled that they'd still tack on late fees as long as I was over the credit limit. When I mentioned calling me every few days he got upset again and said they were going to call me all the time until I paid the bill. When I said to him, "so you admit that you're breaking the Fair Debt Collections Act by harassing me every other day." He said yes and that they would continue to do it and there was nothing I could do. Ha! Ha! Ha! Called customer service found out how much back I owe. Even then they were trying to charge me an extra $35 by tacking on the amount I'm going to owe on Nov. 6. Caught them there cause I was looking at my statement online. Was informed that if I pay off the back balance that I can call and cancel my card and then just pay them the $250 I owe in payments. Yeah, lets see how well that goes.

June
San Antonio, Texas
U.S.A.

This report was posted on Ripoff Report on 10/18/2007 09:33 AM and is a permanent record located here: http://www.ripoffreport.com/r/Total-Visa-Plains-Commerce-Bank/Sioux-Falls-South-Dakota-57109/Total-Visa-Plains-Commerce-Bank-Total-Visa-Admits-They-Break-the-Fair-Debt-Collection-La-279504. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 General Comment

Wow...

AUTHOR: Chris - (U.S.A.)

"You say bill collectors hate you...gotta tell you, we don't care....I don't care if you close your account, I don't care if you tell me to not call you, you owe a bill, pay it. Yes, if you are late, we ask you for your next payment, sorry if we don't trust you to make that next payment, you are past due...again, deal with it...you are a complete moron, seriously, you think we, as collectors, care if you make your payment, I know I don't, there is some other person on the next call, that actually cares about their credit and that takes responsibility for their actions. Do not whine about your dumb decisions."

"We don't care", huh?  I assume that means you are a debt collector.  Congratulations on your chosen profession *heavy sarcasm*, you must be very proud of yourself, but I would be careful who I call a moron, especially with your tenuous grasp of punctuation.  How do you propose someone pay a bill without money?  Personally, I would much sooner pay for food and rent than a credit card.  People get into trouble.  It happens.  If you were any kind of debt collector, you would actually try to work with someone who can't pay rather than harass and insult them.  Your personal life must be laughable if you act this way.
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#2 Consumer Comment

Here we go again

AUTHOR: Charles - (U.S.A.)

Don't let what these people on this site scare you. Creditors or bill collectors cannot tell anyone you know or accuse you of being a deadbeat. If they do you can sue them for slander.

These people who post nasty comments are people who think they have job security & think they have It all & they can cause people grief on this site.

I did have a plains commerce bank card but I paid It of. It did help my credit but after reading complaints on this site I do not want another one.

These people always bash & blame the poster but they don't need to judge others cause they have probally done the same thing.

They don't care anyone but themselves.
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#3 Consumer Suggestion

Stop whining

AUTHOR: The Key Is Reading And Understanding.. - (U.S.A.)

I, like other people got this card to try and approve my credit. Big mistake. I admit I went over my credit limit. I had been out sick for a month and was unable to make the minimum payment one month. They called to tell me that I was behind. I thought I set up a payment arrangement with them. Until they're so called bill collectors kept calling me every 2-4 days to tell me I owed money. I got into a very heated discussion with them. I was informed that I had only 2 options; to pay the amount due now or to post date a payment. Well, I told them I didn't have the money now as payday isn't until later and that I don't post date anything. I was yelled at and demanded that I do one of the 2 payment options that they wanted me to do. Told them no. It was going to be my way or no way. She tried hanging up on me several times. Guess she didn't like that I was taking charge of the phone call. Had her speechless when I told her she was not going to hang up on me, that I wasn't through talking. Bill Collectors don't like it when you stand up to them and hold your ground. Was told that they don't deal with people like me. Meaning dead beats. Fine, whatever. I was willing to work with them, and keep their card, but no more. Got a call from them again today wanting payment. Told them I was cutting my card up and sending them a cease and desist letter. The person on the other end got very defensive and told me that it didn't matter if I cut the card up and cancelled that they'd still tack on late fees as long as I was over the credit limit. When I mentioned calling me every few days he got upset again and said they were going to call me all the time until I paid the bill. When I said to him, 'so you admit that you're breaking the Fair Debt Collections Act by harassing me every other day.' He said yes and that they would continue to do it and there was nothing I could do. Ha! Ha! Ha! Called customer service found out how much back I owe. Even then they were trying to charge me an extra $35 by tacking on the amount I'm going to owe on Nov. 6. Caught them there cause I was looking at my statement online. Was informed that if I pay off the back balance that I can call and cancel my card and then just pay them the $250 I owe in payments. Yeah, lets see how well that goes.

June
San Antonio, Texas
U.S.A.

Wow, you are a smart lady, June. First, you admit you went over your credit line, and then you complain that collections called you. Cry me a river, you broke your cardholders agreement. Another ?, you said you "set up a payment arrangement", was that arrangment that you would pay us when you had the money? Yeah, life doesn't work that way. If you don't have check by phone in the system or ir you are past due, we are gonna call you, and demand a payment. I don't care if your dog died, I don't care if you are a teacher and you only get paid during school year, your rent gets paid, doesn't it? I don't care if you didn't get your statement...again your rent got paid, you knew when that was due. Stop whining because you can't fill your obligations. You say bill collectors hate you...gotta tell you, we don't care....I don't care if you close your account, I don't care if you tell me to not call you, you owe a bill, pay it. Yes, if you are late, we ask you for your next payment, sorry if we don't trust you to make that next payment, you are past due...again, deal with it...you are a complete moron, seriously, you think we, as collectors, care if you make your payment, I know I don't, there is some other person on the next call, that actually cares about their credit and that takes responsibility for their actions. Do not whine about your dumb decisions.
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#4 Consumer Suggestion

Stop whining

AUTHOR: The Key Is Reading And Understanding.. - (U.S.A.)

I, like other people got this card to try and approve my credit. Big mistake. I admit I went over my credit limit. I had been out sick for a month and was unable to make the minimum payment one month. They called to tell me that I was behind. I thought I set up a payment arrangement with them. Until they're so called bill collectors kept calling me every 2-4 days to tell me I owed money. I got into a very heated discussion with them. I was informed that I had only 2 options; to pay the amount due now or to post date a payment. Well, I told them I didn't have the money now as payday isn't until later and that I don't post date anything. I was yelled at and demanded that I do one of the 2 payment options that they wanted me to do. Told them no. It was going to be my way or no way. She tried hanging up on me several times. Guess she didn't like that I was taking charge of the phone call. Had her speechless when I told her she was not going to hang up on me, that I wasn't through talking. Bill Collectors don't like it when you stand up to them and hold your ground. Was told that they don't deal with people like me. Meaning dead beats. Fine, whatever. I was willing to work with them, and keep their card, but no more. Got a call from them again today wanting payment. Told them I was cutting my card up and sending them a cease and desist letter. The person on the other end got very defensive and told me that it didn't matter if I cut the card up and cancelled that they'd still tack on late fees as long as I was over the credit limit. When I mentioned calling me every few days he got upset again and said they were going to call me all the time until I paid the bill. When I said to him, 'so you admit that you're breaking the Fair Debt Collections Act by harassing me every other day.' He said yes and that they would continue to do it and there was nothing I could do. Ha! Ha! Ha! Called customer service found out how much back I owe. Even then they were trying to charge me an extra $35 by tacking on the amount I'm going to owe on Nov. 6. Caught them there cause I was looking at my statement online. Was informed that if I pay off the back balance that I can call and cancel my card and then just pay them the $250 I owe in payments. Yeah, lets see how well that goes.

June
San Antonio, Texas
U.S.A.

Wow, you are a smart lady, June. First, you admit you went over your credit line, and then you complain that collections called you. Cry me a river, you broke your cardholders agreement. Another ?, you said you "set up a payment arrangement", was that arrangment that you would pay us when you had the money? Yeah, life doesn't work that way. If you don't have check by phone in the system or ir you are past due, we are gonna call you, and demand a payment. I don't care if your dog died, I don't care if you are a teacher and you only get paid during school year, your rent gets paid, doesn't it? I don't care if you didn't get your statement...again your rent got paid, you knew when that was due. Stop whining because you can't fill your obligations. You say bill collectors hate you...gotta tell you, we don't care....I don't care if you close your account, I don't care if you tell me to not call you, you owe a bill, pay it. Yes, if you are late, we ask you for your next payment, sorry if we don't trust you to make that next payment, you are past due...again, deal with it...you are a complete moron, seriously, you think we, as collectors, care if you make your payment, I know I don't, there is some other person on the next call, that actually cares about their credit and that takes responsibility for their actions. Do not whine about your dumb decisions.
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#5 Consumer Suggestion

Stop whining

AUTHOR: The Key Is Reading And Understanding.. - (U.S.A.)

I, like other people got this card to try and approve my credit. Big mistake. I admit I went over my credit limit. I had been out sick for a month and was unable to make the minimum payment one month. They called to tell me that I was behind. I thought I set up a payment arrangement with them. Until they're so called bill collectors kept calling me every 2-4 days to tell me I owed money. I got into a very heated discussion with them. I was informed that I had only 2 options; to pay the amount due now or to post date a payment. Well, I told them I didn't have the money now as payday isn't until later and that I don't post date anything. I was yelled at and demanded that I do one of the 2 payment options that they wanted me to do. Told them no. It was going to be my way or no way. She tried hanging up on me several times. Guess she didn't like that I was taking charge of the phone call. Had her speechless when I told her she was not going to hang up on me, that I wasn't through talking. Bill Collectors don't like it when you stand up to them and hold your ground. Was told that they don't deal with people like me. Meaning dead beats. Fine, whatever. I was willing to work with them, and keep their card, but no more. Got a call from them again today wanting payment. Told them I was cutting my card up and sending them a cease and desist letter. The person on the other end got very defensive and told me that it didn't matter if I cut the card up and cancelled that they'd still tack on late fees as long as I was over the credit limit. When I mentioned calling me every few days he got upset again and said they were going to call me all the time until I paid the bill. When I said to him, 'so you admit that you're breaking the Fair Debt Collections Act by harassing me every other day.' He said yes and that they would continue to do it and there was nothing I could do. Ha! Ha! Ha! Called customer service found out how much back I owe. Even then they were trying to charge me an extra $35 by tacking on the amount I'm going to owe on Nov. 6. Caught them there cause I was looking at my statement online. Was informed that if I pay off the back balance that I can call and cancel my card and then just pay them the $250 I owe in payments. Yeah, lets see how well that goes.

June
San Antonio, Texas
U.S.A.

Wow, you are a smart lady, June. First, you admit you went over your credit line, and then you complain that collections called you. Cry me a river, you broke your cardholders agreement. Another ?, you said you "set up a payment arrangement", was that arrangment that you would pay us when you had the money? Yeah, life doesn't work that way. If you don't have check by phone in the system or ir you are past due, we are gonna call you, and demand a payment. I don't care if your dog died, I don't care if you are a teacher and you only get paid during school year, your rent gets paid, doesn't it? I don't care if you didn't get your statement...again your rent got paid, you knew when that was due. Stop whining because you can't fill your obligations. You say bill collectors hate you...gotta tell you, we don't care....I don't care if you close your account, I don't care if you tell me to not call you, you owe a bill, pay it. Yes, if you are late, we ask you for your next payment, sorry if we don't trust you to make that next payment, you are past due...again, deal with it...you are a complete moron, seriously, you think we, as collectors, care if you make your payment, I know I don't, there is some other person on the next call, that actually cares about their credit and that takes responsibility for their actions. Do not whine about your dumb decisions.
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#6 Consumer Comment

Read the FDCPA

AUTHOR: Robert - (U.S.A.)

June, Read the Fair Debt Collection Practices Act at ftc.gov/os/statutes/fdcpa/fdcpact.htm

The FDCPA is Federal law and applies in all 50 States and US territories. However, the law specifically exempts the first party creditors. This is all spelled out in the law itself. It's a short law and surprisingly it's written in plain english instead of legalese.

Read the law from beginning to end and learn for yourself.

Texas may have state statutes that they are violating, but based on your ROR, they are not violating the FDCPA.

Good luck.
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#7 Consumer Comment

FDCPA Not Applicable to First Parties

AUTHOR: Jim - (U.S.A.)

June, the FDCPA does not apply to them because their relationship with you is that of a FIRST party creditor. Talk to a lawyer and he/she will tell you. If they were a THIRD party like an independent collection agency unassociated with the bank, then the FDCPA applies and you definitely would have rights. A FIRST party has no limits on the number of calls or the harassment they can give you. They can call you as many times per day as they want, they call family members and friends and tell them you're a deadbeat, trash your credit (wait - you've done that to yourself), they can call you in the middle of the night if they want - just to make you more and more upset.

Cease and Desist letters mean nothing and have no effect on FIRST parties. If you can think of a way they can humiliate you - not only can they do it, count on them to do it. Everything they've told you on the phone from the OP you left is accurate except the $35 fee on November 6; it is possible the fee due to hit your account on 11/06 will refer to your over-limit in October. Count on that fee to be on your account even if you decide to close the card off before that date.

There is little you can do except scrape the money together and pay what they tell you - because it only gets more expensive for you with each passing day. If you start screwing around with small fees here and there, they will still have their hooks into you. Do not make the mistake of thinking you are in control of the situation - you are not in control. When they keep tacking on more and more fees, then you will be deeper and deeper into them and they will be in control of the whole situation.
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#8 Author of original report

You people don't know anything

AUTHOR: June - (U.S.A.)

The FDCA does apply to Texas, just like the other states. I haven't dug myself a hole, I became sick and was out of work for a month, still made my payment but went over the credit limit because I forgot about the $8 maintenance fee. LIfe happens. I owe First Premier Bank more than Total Visa and I didn't even make last month's payment. What is First Premier's response to me? 'We want to keep you as a customer and are willing to work with you on setting up payments.'

I called them apologized, explained what happened and worked it out that I'd pay them on my next paydate. And yes, I am going to pay my Total Visa card off. Hell yeah, and then I'm going to cancel the thing. I've already cut it into little pieces and mailed it back to them with the cease and desist letter.

But of course I guess it was okay also for them to try and charge me next month's $35 payment before Nov. 6th right? Called them on that one. I was online looking at my account when she told me that. Want to know what I wish? I wish that you'd mess up on your so called perfect relationship with Total Visa so they can call you every other day and demand payment. Then you'll see what they really are.
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#9 Consumer Suggestion

Good at digging!!!

AUTHOR: John - (U.S.A.)

Wow!! Do you dig holes for a living, cause you sure dug yourself one here!! Luckily for me, I have a Total card, have made all my payments on time for over a year now, and always paid more than the minimum. the great thing is, they report to all 3 bureaus every month, and thats the idea behind having the card!! Yes, you pay a ridiculous annual fee and ridiculous maintenance fees, but those positive entries on my credit report make it worthwhile, at least to me! They won't stop calling you, and they will continue to come after you, but I suspect you won't ever pay them a penny. sad.
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#10 Consumer Suggestion

If it's the card company's own collection department....

AUTHOR: J G Shrugged - (U.S.A.)

The FDCPA doesn't apply to the original creditor. I don't think Texas has a law over original creditors.

If that is the case, the phone calls aren't illegal.
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