National Credit Acceptance National is currently calling my place of employment everyday demanding full payment!! They pull credit reports without permission!! Sacramento California

Not all agencies are debt buyers, some are hired by the original creditor when their own inhouse collections team has been unsuccessful. In the second case they would be bound by their instructioins from Circuit City.

Technically collectors don't "have" to offer payment arrangements. When the original debt defaulted the balance became due in full. If Phillip won't offer a payment arrangement, ask for a aupervisor. You'll probably get the person in the next chair and they'll play good cop/bad cop with you. From the collector's standpoint, you lost all your bargaining chips when the bill wasn't paid.

If the agency can't provide verification of your debt, they must cease collection efforts. That's part of the FDCPA.

And, no, Phillip the Collector can't threaten you with judgment. He's trying to scare you. He's also in violation of FDCPA regulations and could cost his agency some money. He can also be held personally responsible. Tape your conversations with him, if you can. Collection agents don't always log their calls so it becomes a matter of your word against theirs. It increases your credibility and puts Phillip's back to the wall.

If, and when you receive notification that the debt has been transferred to what's called a creditors rights lawfirm in your state, then it's time to worry. I work for one of those outfits and, I'm sorry to say, we sue more files than we don't. But you're not there yet.

By hook or by crook, get validation of the debt. If you don't owe it - you paid it, you returned all merchandise and closed the account, whatever - go to the FTC website. It will guide you through the dispute process. If you do legitimately owe it...normally I tell people to pay the agency, but you can pay the original creditor as well. Pay it with a personal check or a cashiers check and then spend what you have to in order to get copies of the front and back of that check showing when it cleared and to whom. You should receive a letter stating the debt has been paid in full, but don't hold your breath. Check your credit bureaus in 45 days and see if they have been updated. If not, compose a cover letter and mail it to all three agencies along with copies of the front and back of the check.

It's YOUR credit. Keep an eye on it. And good luck.

Not all agencies are debt buyers, some are hired by the original creditor when their own inhouse collections team has been unsuccessful. In the second case they would be bound by their instructioins from Circuit City.

Technically collectors don't "have" to offer payment arrangements. When the original debt defaulted the balance became due in full. If Phillip won't offer a payment arrangement, ask for a aupervisor. You'll probably get the person in the next chair and they'll play good cop/bad cop with you. From the collector's standpoint, you lost all your bargaining chips when the bill wasn't paid.

If the agency can't provide verification of your debt, they must cease collection efforts. That's part of the FDCPA.

And, no, Phillip the Collector can't threaten you with judgment. He's trying to scare you. He's also in violation of FDCPA regulations and could cost his agency some money. He can also be held personally responsible. Tape your conversations with him, if you can. Collection agents don't always log their calls so it becomes a matter of your word against theirs. It increases your credibility and puts Phillip's back to the wall.

If, and when you receive notification that the debt has been transferred to what's called a creditors rights lawfirm in your state, then it's time to worry. I work for one of those outfits and, I'm sorry to say, we sue more files than we don't. But you're not there yet.

By hook or by crook, get validation of the debt. If you don't owe it - you paid it, you returned all merchandise and closed the account, whatever - go to the FTC website. It will guide you through the dispute process. If you do legitimately owe it...normally I tell people to pay the agency, but you can pay the original creditor as well. Pay it with a personal check or a cashiers check and then spend what you have to in order to get copies of the front and back of that check showing when it cleared and to whom. You should receive a letter stating the debt has been paid in full, but don't hold your breath. Check your credit bureaus in 45 days and see if they have been updated. If not, compose a cover letter and mail it to all three agencies along with copies of the front and back of the check.

It's YOUR credit. Keep an eye on it. And good luck.

Not all agencies are debt buyers, some are hired by the original creditor when their own inhouse collections team has been unsuccessful. In the second case they would be bound by their instructioins from Circuit City.

Technically collectors don't "have" to offer payment arrangements. When the original debt defaulted the balance became due in full. If Phillip won't offer a payment arrangement, ask for a aupervisor. You'll probably get the person in the next chair and they'll play good cop/bad cop with you. From the collector's standpoint, you lost all your bargaining chips when the bill wasn't paid.

If the agency can't provide verification of your debt, they must cease collection efforts. That's part of the FDCPA.

And, no, Phillip the Collector can't threaten you with judgment. He's trying to scare you. He's also in violation of FDCPA regulations and could cost his agency some money. He can also be held personally responsible. Tape your conversations with him, if you can. Collection agents don't always log their calls so it becomes a matter of your word against theirs. It increases your credibility and puts Phillip's back to the wall.

If, and when you receive notification that the debt has been transferred to what's called a creditors rights lawfirm in your state, then it's time to worry. I work for one of those outfits and, I'm sorry to say, we sue more files than we don't. But you're not there yet.

By hook or by crook, get validation of the debt. If you don't owe it - you paid it, you returned all merchandise and closed the account, whatever - go to the FTC website. It will guide you through the dispute process. If you do legitimately owe it...normally I tell people to pay the agency, but you can pay the original creditor as well. Pay it with a personal check or a cashiers check and then spend what you have to in order to get copies of the front and back of that check showing when it cleared and to whom. You should receive a letter stating the debt has been paid in full, but don't hold your breath. Check your credit bureaus in 45 days and see if they have been updated. If not, compose a cover letter and mail it to all three agencies along with copies of the front and back of the check.

It's YOUR credit. Keep an eye on it. And good luck.

Well, Don got some of it right!

However...Federal law requires that a debt that is deemed uncollectable 180 days following the date of first major delinquency be charged off. This is the whole purpose for a charge off. Interest cannot continue at the creditors original or default rates.

After a charge off only the balance at time of charge off can be collected and interest and other fees have to be granted by the court. I believe the current cap on interest is 9% on the collection of bad debt that has been charged off.

File FTC complaints individually for each FDCPA violation. Do thi online.

Send a cease communications request by certified mail, return reciept requested as per you rights under the FDCPA.

As far as pulling your credit. The only requirement is "permissable purpose". Collection agencies automatically have it. No violation here.

It takes a judgement to garnish your wages. They must first sue you and win to get the judgement, or get a default judgement if you fail to respond.

NEVER speak to ANY debt collector on the phone. Only communicate in writing via certified mail/RRR.

Good luck.

Frank, I hope this helps a little. First to answer about the illegal activity. Under the FDCPA, a collection agency can not threaten to garnish your wages. That is a legal decision made by a legal team, not by a collection agent. Another part of the FDCPA, says that they can call you at work about a debt.

However, all you have to do is advise them that you can not take personal calls, and they SHOULD (I know that all companies don't follow the law) remove your work number from the system (actually the number will stay on file, but out of most auto dialers).

Chances are that National Credit Association can not get your original contract. Most collection agencies are outsourced debt. They have not bought the debt neccesarily, but are hired by Circuit City in this case to collect for them.
You might be able to get copy of your contract through Circuit City on this one.

Also, the reason the amount keeps rising, is that most credit cards (in the fine print) say that the interest will continue to accrue even if it is in collections. When you signed the credit card application, you would have had to agree to the terms and conditions. Again, not something for the debt collctor to control, that is back on Circuit city.

Finally, they can pull your credit report. As collection agents have to be license to do the work, they can do that. As a collection agent (although I will admit that I have just started in the job), they have access to that. Sarcastic comments are actually barred by the FDCPA as well.