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Conference quark::human_relations-v1

Title:What's all this fuss about 'sax and violins'?
Notice:Archived V1 - Current conference is QUARK::HUMAN_RELATIONS
Moderator:ELESYS::JASNIEWSKI
Created:Fri May 09 1986
Last Modified:Wed Jun 26 1996
Last Successful Update:Fri Jun 06 1997
Number of topics:1327
Total number of notes:28298

1234.0. "Collection Agency/harrasement/forced check writing" by CSLALL::MCOGAN () Mon Feb 03 1992 14:17

     I have a daughter who is now (21) years old.  At the age of 
     (barely) 18, before the ink was dried on her high school diploma, 
     she obtained credit cards, one of which was with Citibank Visa. 
     
     I took the credit cards away. Unfortunely by the time I found out 
     she had them, she had charged $1800. to Citibank Visa while going to 
     Ginny Craig weight program.  (approximately 6 months) When I called 
     Citibank Visa and asked how an 18 yr old could get a credit card 
     with $2500 credit limit they told me if she was 18 they could not 
     discuss it with me.
     
     Needless to say, with an entry level jobs and expenses occurred 
     (car, car insurance, car accidents, other charges and lay offs) she 
     been delinquent.  I have been working with her over the last 2 years 
     (long 2 years) to help with some but she never made enough to make a 
     significant difference.  She is now unemployed again and has been 
     giving me money from her unemployment check to pay her car payments 
     (which she will need when she finds a job) and minimum payments on 
     her other charges.
     
     The problem is with Citibank Visa and a Mr Goins from a collection 
     agency by the name of CG Services in NJ. Due to a series of 
     harassing phone calls (I was unaware of) from Mr. Goins she wrote 
     out (6) predated checks to Citibank Visa.  I only found this out 
     when I was looking for the money for her car payment, etc. She was 
     in a panic mode and believed all threats made by Mr Goins.
     
     The following is an account of what happened: 
     
        
	oo  Mr. Kenneth Goins represented himself as an Attorney of Law 
           representing Citibank Visa, not a collection agent for G.C. 
           Corporation & Associates.

	oo  Harassment calls steadily continued after Mr. Goins was 
           informed of unemployment status.  Mr. Goins asked what the 
           prospects of finding employment were and was informed that 
           there were no employment possibilities at this time.

	oo  When she told Mr. Goins that she has been unemployed and 
           didn't have any money he stated that she had an attitude 
           problem.

	oo  He told her she belonged in jail.  He stated that she was as 
           guilty of stealing, as if she went into a bank and stole 
           two thousand dollars. "He said she belonged in jail and that 
           he would put her there".

	oo  Mr. Goins informed her that legal procedures have been 
           initiated against her in Court.  In addition, Mr. Goins stated 
           that it could be to late to stop this legal action that was in 
           progress.

	oo  Mr. Goins stated that he would have his secretary call the 
           Court House while he placed her on hold to see if there was a 
           possibility to stop these proceedings if she followed his 
           requirements listed below.

	   After an approximate ten minutes on hold, Mr. Goins stated 
           that his secretary reported back to him that it was possible 
           to stop proceedings initiated in Court.  Mr. Goins stated that 
           he would only do this if she agreed to immediately mail to him 
           personally, (6) six checks issued to Citibank Visa in amounts 
           dictated by him and to write on the top of the checks that 
           they are NOT VALID UNTIL DATE SHOWN:

	   All checks were made payable to Citibank Visa at Mr. Goins 
           direction.

	   Check #145	    Dated:January 31, 1992	Amount of $300.00
	   	  146		  February 28, 1992		   100.00
	   	  147		  March 31, 1992		   150.00
	   	  148		  April 30, 1992		   150.00
	   	  149		  May 31, 1992			   150.00
	   	  150		  June 30, 1992			   150.00
	

	   At that time, she told Mr. Goins that she had no money in the 
           bank and that she could not cover the checks.  "He said to pay 
           it out of her unemployment checks".  In addition to several 
           calls already received, on Wednesday, January 15th, Thursday, 
           January 16th,  she received message via answering machine 
           regarding status of delivery of checks.  On Friday, January 
           17th she stated when he called that she had mailed the checks 
           he requested.  He stated that he thought they had a good 
           rapport and that she would cause him to lose his creditability 
           with his superiors.  

	   When I found out what was happening I continuously harassed 
           him for two days.  He didn't want to talk to me.  I sent him a 
           registered letter telling him that I canceled all the checks 
           and got my daughters permission for him to discuss her account 
           with me.  I have looked into several agencies that might be 
           able to help her.

	   While I was at the DCU canceling the checks I was told that 
           they just went through this with somebody else.  I was told 
           that all the predated checks were deposited and that they had 
           overdrawn this persons checking accounts considerably.

	   I believe this is a new tactic to hold bad checks over a 
           persons head, which would be a more serious offense than owing 
           the money in the first place. I found out from several banks 
           that it does not matter what a check is dated.  Also, I 
           received a notice on Saturday 1/24/92 that the check dated 
           1/31/92 For $300.00 was already deposited.  (I had stopped 
           payment and told them I did it).

	   Be aware of this tactic being used and DO NOT SEND PREDATED 
           CHECKS.  If you can't cover a predated check they now can hold 
    	   larceny charges over your head so you will beg and borrow to get
           the cash to them.
    
           I will do any thing within my power to make people aware of this
           tactic being used.
       	 

	   If you have any other ideas in pursuing this matter, please 
           let me know.  I have written Citibank Visa and the Attorney 
           Generals Office.  All ideas on how to proceed would be very 
           much appreciated.

	   Thanks for your time.   
	   

	   
    
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1234.1Keep up posted on the situationWILLEE::SKOWRONEKMon Feb 03 1992 14:5011
    
    Good Luck to you and your daughter with this situation.  Please keep us
    posted, I would like to know what happens for future reference.  I have
    a friend in a similar predicament (Credit cards charged up to limit &
    receiving harrasing phone calls).  Your story is a very interesting
    one.
    
    Good Luck
    
    Debby
    
1234.2QUARK::LIONELFree advice is worth every centMon Feb 03 1992 15:1412
This is very interesting, but I don't think really a subject for this
conference.  I'd suggest LYCEUM::CONSUMER instead.

There are a number of laws regulating what a collection agency can and
cannot do, you should learn them.  Consumer Reports is a good source of
information.  And you are correct - post-dating checks is no guarantee
against their being deposited immediately.

On the "human relations" side, you may want to consider how your efforts
might be "enabling" your daughter to continue her irresponsible behavior.

				Steve
1234.3COMET::COSTATurn it on,turn it up, turn me looseMon Feb 03 1992 20:2212
    
     Look in the phone book for a group called Consumer Credit Couseling
    Service. These people will organize all of the debts, contact the
    companies to whom money is owed, and arrange financial reconcilliation
    with all the companies. The debtors financial state of affairs is
    evaluated and a repayment schedule is outlined. All payments are made
    to CCCS and they disbuse all the funds to the creditors on a regular
    basis. They can also arrange to have the accounts frozen so that no
    more interest can accumulate.
    
    Tony
    
1234.4HEYYOU::ZARLENGAmore sensitive than a rockMon Feb 03 1992 22:3115
    Citibank called me one night well after 9pm, and I read them the
    riot act, even though I really did forget a payment that month,
    and I knew it.  RI law says no business calls after 9pm or before
    7am at a person's home tel #.

    I got the lady's first name and number, her extension, and her
    supervisor's tel # and then I hung up on her.

    They called me at work the next day and someone with an important
    title was very apologetic and spoke so nicely to me that I felt
    like a shmuck for what I put the person through the night before.

    When the ones who call on the phone get annoying, ask to speak to
    their boss ... guaranteed their tone will change in a wink. When
    they get abrasive, you can cool their heels for 'em in a hurry.
1234.5Call CCCS, here's the 800 number!GRANPA::TTAYLORThe BOSS!Tue Feb 04 1992 10:0715
    The toll-free 800 number for CCCS (Consumer Credit Counseling Service)
    is:
    
    1-800-338-2227.
    
    
    I urge your daughter to call them.  When I was totally overwhelmed with
    medical bills and behind in bill payments, these people saved me from
    filing for bankruptcy.  They are a non-profit, very courteous and
    helpful.  If only more people knew about this organization ...
    immediately after CCCS took over my payments I stopped receiving
    harrassing phone calls.  They take care of everything for me.
    
    Tammi
    
1234.6USCTR2::LBARRTue Feb 11 1992 13:0310
    Tammi,
    
    I have a question for you.  After CCCS helped you out by causing you
    not to have to file bankruptcy, did you still have to continue to pay
    all of your debts?  The reason that I ask this is because it usually
    costs far less to file bankruptcy then to pay off your existing debts. 
    Yes, your credit is scarred for 7 years (more or less), but you are
    free of the debts that you have.
    
    Lori B.
1234.7POWDML::COSTIGANWed Feb 12 1992 10:3913
    I too was asked by a collection agency to send 5 post dated checks--he
    was very slimy and smarmy up until the point I said "No, you can cash
    them all at once."  He got extremely nasty and informed me he'd be
    pretty stupid to do that.  Then he started becoming threatening---these
    people get a percentage of the amount they collect.  They care not one
    iota whether your bank account is overdrawn or what promises they made
    to you.  They need a large amount so they'll get a bigger chunk of it.  
    
    I used to work for a collection attorney---the only difference between
    him and a collection agent was he still had a few ethics.
    
    The best way to deal with these people is hang up.  Then send them
    $1.00 a week.  At least they can't say you aren't paying anything.
1234.8From the other end of the phone...MANTHN::EDDI refuse to talk to myselfWed Feb 12 1992 10:5211
    I was a collection agent for years.
    
    There are 2 key factors in dealing with them...
    
                 1. Know your rights. Read MGL 93-A. (If in MA)
    
                 2. Don't let them jack you up.
    
    
    Edd
        
1234.9Scizzors work well ;-)MR4DEC::LSIGELThat was just a dreamWed Feb 12 1992 13:468
    These credit card companies make credit cards too easily available for
    anyone to get.   I would tell her to find another source of income to
    pay off the debt instead of you helping her. Second get a scizzor and
    cut the card and never use it again.  Those things are the ruination of
    a lot of people and it takes FOREVER to pay off a debt with such high
    interest rates.  Take it from a gal with experience ;-)
    
    Lynne
1234.10Better to slow pay than to no pay ...GRANPA::TTAYLORThe BOSS!Fri Feb 14 1992 10:4117
    Lori:
    
    Yes, they pay off your debts for you, slowly.  If you talk to anyone
    within the world of finance, they will tell you it is much better to
    pay debts off slowly over the course of two-three years, than to cancel
    all your debts by filing for bankruptcy and having problems with your
    credit for 7-10 years.  If you pay the debt off slowly it is called
    "slow pay", which is better than "no pay".
    
    Bankruptcy to me is a huge stigma and after seeing what my brother went
    through when he had to file, I never wanted to go through it.  CCCS
    takes everything you owe, negotiates how much per month will be paid
    towards a certain creditor, and then makes the payments for you.  $2.00
    out of the amount you give them each month goes towards postage and the
    like.  They are not out to rip anyone off, they are a non-profit
    
    TAmmi.
1234.11MANTHN::EDDI refuse to talk to myselfFri Feb 14 1992 13:2116
    While not attempting to speak ill of CCCI of those who have sought 
    their services, your should bear in mind something...
    
    When your loan gets far enough behind, the bank or other lending
    institition writes it off as a bad debt with an outstanding balance
    of whatever you owed them. This "charge-off" becomes part of your 
    record.
    
    Eventual payment of the balance thru CCCI or otherwise, doesn't
    necessarily have the effect of wiping the slate clean. You may find
    that you still have the charge-off on your credit file, but with a
    $0 balance. This is certainly better (in the eyes of a lender) than
    having an outstanding balance, but just having paid them off
    "eventually" isn't the same as paying them off "on time"...
    
    Edd
1234.12Charge Off Not Likely, ThoughYAHOOS::VASQUEZWed Feb 19 1992 11:0611
Part of the deal when working with CCCS is that they negotiate with your
creditors the amount and rate of payback.  They don't just arbitrarily decide
who gets what and when.  Since they are funded by companies which grant credit,
and who therefore have a vested interest, their efforts receive cooperation 
from almost all creditors.  

Also, I learned from experience, having those slow pays on our record did 
not affect our ability to get a large mortgage once the bills were paid.  We 
simply explained to the lender, who appeared  to be impressed that we took 
our responsibilities seriously enough to honor them.

1234.13Not in Mass.POWDML::COSTIGANWed Feb 19 1992 15:316
    I tried the 800 number (from Massachusetts) for CCCI and it did not
    work from this area.  I looked in the phone book and they were not
    listed.  Is this agency only available in certain geographic areas?  
    Also, what is their full name?  I have a feeling if they ARE available
    in Mass., that they are definitely NOT non-profit.  
    
1234.14MCIS2::DUPUISLove is grand, divorce is 20 grandThu Feb 20 1992 07:224
    Found in the SELP-HELP GUIDE of my phone book:  Consumer Credit
    Counseling Services of Eastern Massachusetts (617) 426-6644
    
    Roberta