Creditors Interchange - Jason Zimmer - Bank Of America Jason from Creditors Interchange, violated the Fair Debit Collection Practices Act. Buffalo New York

I am shocked to see how many people try to hide behind attorneys and debt management companies in an effort to avoid paying a debt in which they owe through binding contract.  I am reading about how people believe that collectors are the lowest of the low and are considered scum for doing their jobs.  Granted that a good number of collectors may in fact break the laws of the FDCPA, this is a unfortunate fact.  However, these individuals do fall subject to penalties and deductions due to their actions.  Once a collector receives certain number of infractions, they lose their jobs.  These same collectors will most likely find another job at another collections agency, but that is how it works.  My concern is how people try to justify getting out of their debt.  It is understandable that hard times do fall.  And maybe even the banks had a lot to do with a persons certain situation.  Who knows, everyone has a story.  But the truth is that if you took a loan or a credit card you signed a contract.  This contract binded you to repaying the debt.  You may think that these people are acting like criminals, but I believe that defaulting on a loan or contracting, borrowing money and not paying it back is stealing and is also a crime.  So who is the real coward, scum, or low life in which the finger is pointed.  I believe that both sides are very hypocritical, however, if one owes a debt, it is not only the legal thing, but the right thing to pay it as well.  I think it is sad how so many people try to study up material or listen to people out their with books and seminars whom lack integrity just so they can try to use our justice system to get them out of a debt that they knew with full concence they were getting into.  Those are the criminals.  Understandable that you might not be able to pay the debt to to unfortuante circumstances, but do not try to ruin others lives through loop holes just because you do not have the dignity to face up and try to do something about it the honorable way.  God help us all.

I usually give tips on how to use the FDCPA as a weapon to stave off bill collectors. However, I want to also give consumers an idea on who you are dealing with on the other end of the phone.

1) There is no formal educational requirements to be a bill collector. They employ anyone from a GED(maybe) to people with Bachelors and Masters who for whatever reason are having a hard time finding a position in their field and are lured into it due to survival needs and bonus potential as an incentive.

2) Collectors who stay employed successfully at one place for many years are usually careful to abide by FDCPA compliance and show both empathy and firmness equally to persuade debtors into paying. Bill collectors need to realize being Mr Toughguy doesn't get you paid by making implied threats. Anyone who has internet access knows what they can and can't do by spending ONE night researching FDCPA related topics.The sooner collectors assume anyone they call is like myself, they may actually keep their jobs by abiding by the law and spare themselves my calls to their compliance director.

a) Collectors who make implied threats are likely on their way out the door. Those who misrepresent themselves and make idle threats are likely way behind on their monthly quota and will do ANYTHING to hit it. If you get a voicemail to this effect, it's likely some flunky way behind on their quota and is getting pressured by their manager to perform...or else. If you are way ahead of your quota and can balance the assertion and empathy ploy, why would you risk your job by breaking FDCPA?

b) Bill collectors have no real power. That rests with the judge after a creditor sues you. Until a default judgment is won, any creditor claim is hearsay until successfully proven in court.

Bud Hibbs made a similar percentage and I have to agree. I'd say 25% are people with education levels beyond the HS level and are usually careful and won't risk a few extra bucks in commission at the expense of being monitored,recorded and fired for violating the FDCPA. The other 75% are HS education/GED at best employees who are usually quite young and still rely on their parents financially. These employees usually have credit problems themselves, have child support issues or even in some cases come to their jobs wearing ankle bracelets. The fact that they have access to your SS # and can trace it in skiptracing sites is scary. Equally problematic is the outsourcing of dirt cheap labor in countries like India. Regulation needs to be made IMMEDIATELY to not allow personal information to be in the hands of someone in India.

I am only making this post because I was impressed with the way the two employees above eloquently described the life of a bill collector while giving consumers some ways to fend off illegal tactics. I would assume these individuals fit the profile of the 25% group listed in the previous paragraph.

A bottom feeder collection agency will do anything they can to collect a "debt"
These idiots have no "legal department" - they use these tactics to scare you into paying them monies that you owed years ago
Do visit www.budhibbs.com
He has good info and I have spoken to him many times
I had one of these idiots call me threatening me with arrest, loss of job, computer fraud (threatened to have my office closed down and all computers confiscated), have my parents arrested!
Took em to court and won - as of today they have not paid a dime
Dead beat debt collectors are like that -
Fight back and kick em where it hurts in the bottom line on their corporate reports

It is funny how the collection industry works. No body who is collector will openly discuss the truth. Why not disclose the bonuses or incentives they receive or how often the violate the Fair Debt Collections Practices Act. Also how about explaining why most collectors will hang up or change their tone along with their demeanor after you advise them that the call is being recorded. Now if you are a (Nice Collector)then you are a rare breed among the majority that will out right break the law just to earn that nice bonus check at the end of the month.

First off I want to say that the first responder to this report is completely accurate. As for debt settlement companies just do your research because as the other person said some of them really dont look out for your best interest. While they are telling you not to contact your creditors what they are not telling you is that they are not even making the bare minimum monthly payments which is incurring you more interest or finance fees given from the bank. So when they are "ready" to settle the amount is so far out there that there is no way to get approval. I mean really do people really thing the bank is going to authorize a settlement for like 5% of your actual balance. Honestly the answer is no...

As for the comments that EVERYONE at our company is worst of the worst and desperate and dangerous, low lifes, etc....this is completely UNTRUE!!! Now I know there are "strong" collectors....well guess what...not just this place....EVERY COLLECTION AGENCY!!! There are plenty of places that I know of that are far far worse... I have been in this industry for almost 10 years and some of the stories I could tell...whew...The thing is that not everyone is like this...there are those diamonds in the ruff whom are just like everyone else...working 40 hours a week trying to put food on our table too...We are willing to listen to what you have to say and get an arrangement that will work for everyone...thing is in most cases we must get approval we are not the executive officers of whatever that can just ding a bell and say yes...dont offer $5/month on a 20,000.00 would you want someone to pay you that if that's what they owed you? Be honest. I dont think so and if you say you would it's only because you are looking at it still in your point of view.

Another thing about the whole relative thing. If you are not calling your creditors back they will do what is called skiptracing. WE ARE NOT PSYCHICS!!! So if you do not directly identify your full name on your voice mail how are we to know that it is definately your number? So yes there are websites for collectors to find out current info such as your address, phone number, possible cell phone, relatives, associates, places of employment, etc. There is a specific manner as to how to speak with third parties. By FDCPA third parties are only to be used for location information. Such as another good number for you, good address. They are not to go into deal as to what the call is in reguards....so tell your relatives not to ask!!! And please tell them not to refuse a message if this information is not given!!!

And lastly about the whole credit report thing. Every collection agency I have worked at has always had the ability to pull an inquiry on your credit report as long as they have been assigned/purchased your debt. The thing to remember is that as long as you owe them/whomever they have assigned to collect the debt they have that right because you do owe them the money....FYI the banks check your credit on a normal basis why do you think your interest rates can go up without your knowledge (not only is it in your contract) but if your recovery score starts going down your interest rate goes up. Most collectors will use this information for one of two reasons....if they can accurately read a report...they can tell when you went into financial distress, they can then see if you are making a good effort to pay your other bills, then will advise you of the best possible sollution...the other thing i have found is that sometimes people have a line of credit of which they totally forgot they had. This credit line can be used to transfer the debt (normally a settlement amount) to actually HELP your credit!!! Think about it...while you are making payments to the charged off account most of the time the bank doesn't update the credit report stating that they are getting monthly payments this is due to the FCRA you can only really report a Paid In Full or Settled In Full on charged off accounts so if you use another line of credit and transfer your balance you will get smaller payments authorized by the bank that will report currently and monthly on your credit report.

So all and all, not all collectors are out to get you. So take the steps as the other responder stated as it is very good input. And by all means there is more than just one person in the company that can access your account if you have to call a couple times filtering through the "rude" ones to get to the "nice" ones isnt that worth it? You will save yourself a lot of grief. You may have to state your situation a couple of times but as long as you are offering something reasonable and you are honest about your situation someone will work with you!! Remember we are hard working people too just trying to make a living too...its not our fault that you went delinquent (and right now we know its the economy too) and the account happened to come to our agency ...so the only other thing i can advise is if the person is being nice to you be nice back we know your frustrated but so are we. Imagine having to make over 100 calls a day... sorry another thing when leaving a message dont ASSUME we know your number and what number we called you're not the only one we had to leave a message for that day....Best of Luck and Best Wishes....hope everything works out....

I'll be honest.. I used to work for this company. I didn't like it..

i like to HELP people clean up their credit... not terrify them into paying..

Here's the thing. They work in a "pre-legal department"... it's true.. they do.. but it's NOT legal.. it's PRE.. meaning BEFORE... it's always a POSSIBILITY that you could get sued.. It's always a POSSIBILITY that the client could garnish your wages or put a lean on your house... but.. i doubt it.... they can always recommend to the client that you should be pursued legally..

but the individuals who are currently calling you from creditors interchange are only collectors with some impressive vocabularies... it's illegal for them to falsely identify themselves... but you need to record them.. otherwise it's just a "he said she said" thing..

the best thing to do is just pay it off or make some arrangements to do so.... this stuff never ends... my guess is that you'll probably go to a less experienced collector, who has a soul.. and you can cry to them and see how they'll help you..

good luck..

First of all - NEVER MAKE A DEAL WITH ANY COLLECTION AGENCY. You have rights!

go here www.budhibbs.com

YOU CAN GET THE CORRECT LEGAL ADVICE at this website.
At this time it is not about whether you owe any money or not - its about illegal actions by the collection agency itself.

Bud has this CA listed as a consumer alert
BEWARE of scam - Interchange Collectors call, posing as "Senior Prosecutors from State Agencies threatening immediate legal action.


Creditor's Interchange is located in Buffalo, NY, and they have a large collection operation across the river in Canada where the wages and worker benefits are even smaller.

VERY aggressive debt collectors who lie, threaten and do any illegal act imaginable to separate you from your money. These are nasty, desperate conmen, and should NEVER be trusted. They have posed as bankers, lawyers and other professionals to scare consumers into believing something bad would happen, if monies were not immediately forthcoming.

In reality, these low-lives of the collection industry are nothing but a fraud! Any debt collector from Buffalo, New York is desperate, however Creditors Interchange apparently is hiring the WORST of the WORST! Stay far away -- they are desperate and dangerous.

I cannot get over how much people like to play the blame game against collection agencies.

As a member for over 15 years in the industry let me give you guys some real advice, verifiable if you know where to look

1) Most people join a "credit counseling" or "debt management firm" after swallowing the "hook, line and sinker" that either of those two companies can "reduce interest rates", "reduce payments" and that they are "non profit". Well I am here to tell you, that is incorrect. When someone signs a credit contract, it is a legal binding contract. The card holder AGREES to pay XX dollars at XX interest rate (determined by where you live and your credit score). If something happens that you mix six months worth of payments and bury your head in the sand thinking it will go away. It DOESN'T. Once the account is considered to be "charged-off" the fine print states (read it) that the "BALANCE IS DUE IN FULL AT THE TIME OF DEFAULT." PERIOD!

2) Credit counseling companies say that they will make payments. Great - But that does not stop the creditors from exercising their legal rights. Debt settlement companies line to creditors is "We will give you 20 - 35% of the total balance as a settlement". Great, go ahead and get that to use via certified funds (bank wire, cashiers check, etc). Everytime, the response will be - "Well, it will take us X number of months to raise those funds" - WRONG ANSWER! Settlements are due within 30 days. (Creditors will allow it up to ninety days payments)

People, learn how to play the game. The game is this. A collector is paid on how much money they collect. The more collected in thirty days, the bigger the commission check is.

Like I said, burying your head in the sand/ground/dirt and avoiding the calls will not make the matter go away. Eventually, the creditor will send your credit account (that includes personal loans, mortgages, credit cards, student loans, auto repos, deficiency amounts, whatever) to their network of attorneys (always within the state in which you currently reside) who will then give you a chance to make things right. Again, if your home number is unpublished, or you refuse to take calls, including at work, then a nice little guy (usually with a badge and a GUN) shows up at your job and SERVES you with a notice to appear for court. In which you're screwed if you show up or dont show up. From there you usually start losing money (as directed by the court) from your paycheck. Want to be swift and change jobs - We will still find you (IRS)

Return the calls or respond to the letters, Be upfront about your income and expenses, offer to make payment if you cannot meet a settlement and you will stop the calls. If you don't then, as I said, creditors will make sure that they get paid by exercising their rights in their credit contract that you signed without reading. Those legal rights include garnishment (if state allowed), contacting you at your job if even to leave a message (if employer allowed), contacting friends and family to get your work information and home telephone number. IF YOU DON'T LIKE THAT, WRITE YOUR CONGRESS REP.

Now as for the instances and practices of my company - YES, I will agree that people say ALL sorts of things to GET you to call back (be careful of caller ID). If you feel that what someone said was wrong - First educate yourself as to what can and cannot be said; Second, contact your state Attorney general office.

Gaining property information and leaving it on voicemail - Thats legal

Calling from "the legal department" - Thats legal IF they are truly calling; If not, then it is ILLEGAL

Balance Transfer to another credit card - Truly a good idea

Taking your Home - LEGAL - - - -IF - (a) you reside in a state that allows judgement liens (b) you are/were a co-applicant (authorized users dont apply) (c) and most importantly, the home is owned FREE AND CLEAR as you cannot foreclose or sieze a home except for non payment of the first deed of trust.

Alternative lines of credit cannot be frozen except by a court ordered, usually due to a criminal case - ILLEGAL.

You have one year from the time this conversation took place to file an enforceable complaint with the OHIO Attorney General office and the FTC in DC

Good Luck

The Genuis