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When Should I Call In a Credit Collection Agency?

March 9th, 2010 Mallory Megan No comments

You should call in a credit collection agency sooner rather than later. The longer you wait to begin the collection process on overdue accounts, the less of a chance you’ll have at recovering your money.

The day after an account becomes overdue, you should place a polite phone call to the customer who owes you money. If that doesn’t work, you may want to send a few reminder letters yourself, or you may want to go directly to a credit collection agency. Base your decision on how much money is owed to you and the history of your relationship with the customer. If it’s the first time you are doing business with them, you’ll want to call in a credit collection agency sooner than you would with a 10-year old customer with a solid credit history.

Most companies call in a credit collection agency once a debt is 60 days to 90 days past due. If you wait much longer than 90 days to begin recovering unpaid receivables, your chance of collecting drops dramatically.

If you discover that your account has gone out of business, find out what type of business it was – a corporation, a partnership, or a proprietorship. If it was a corporation, don’t even bother calling for the help of a collection agency. It is doubtful that you, or any one else, will be able to squeeze the last few nickels out of that client. If the company is a partnership or a proprietorship, you may be able to get the individual owners of the company to pay you out of their own pockets.

If you try to recover an account and fail, consider that loss a tax-deductible item (Tax Code IRC 166, Reg. 1.166). You will be able to deduct the cost of the goods sold (but not paid for) as an ordinary business expense. You can’t deduct any lost profits from the sale, nor can you deduct the money owed for services rendered.

Mallory Megan works for a debt collection agency. She also writes articlesabout finance and business, consumer spending and collection agencies.

What You Should Know About The CARD ACT

March 5th, 2010 Mallory Megan No comments

Recently the CARD act went into effect, which means that consumers will be able to enjoy relief from double cycle billing and arbitrary rate increases. The CARD act also promises that credit card bills will be much easier to read. However, with the new act comes a new series of rules and regulations that savvy consumers should know about.

First, it is very possible that cardholders might find that they are being hit with an assortment of charges and new fees. This is because creditors have already been implementing new fees aggressively or raising ones that already existed to try to make up for any revenue that could be potential lost as a result of the CARD Act.

Some types of these fees are Discover’s new 2% fee on all purchases made outside of the United States of America, and an increase from 3% to 5% fee for rolling over a balance from one credit card to another.Because there are no restrictions on the types of fees creditors can implement, cardholders should pay extra close attention to the “Terms and Conditions” section of their statement so they know what exactly they are being charged for.

In addition, credit will be harder to come by. The amount of credit that was available to consumers by card companies went down about 7% between March and September of last year. And it will only tighten further. According to the CARD Act, credit card companies are going to be extremely restricted in their marketing techniques that target college students, which can potentially cut down on an important part of their business.

So, consumers with a mediocre or bad credit history will find that it is much more difficult to obtain a card or have their credit limit extended.

Fewer rewards are also expected. Issuers are becoming more cheap with their benefits in an attempt to save money. For example, American Express recently told its consumers that they would not be able to accumulate reward points on their purchases if they were late with a payment. To avoid missing out, analysts caution that cardholders should carefully read any notices they get from their credit card company about changes to their rewards or loyalty program.

Mallory McGuinness works for a debt collection agency. She also does articles on business, finance, consumer spending, and debt collection.

Under 25 Bucks? Visa Says No Signature Needed

February 20th, 2010 Mallory Megan No comments

This week, Visa made an announcement stating that starting this summer it’s not going to require signatures for transactions of twenty five dollars or less. It will most likely bear the results of faster and smoother transactions but it could also chip away at the payments industry’s effort to move toward contactless technology.

The new policy takes effect in July and makes about ninety eight percent of more than eight hundred United States merchant categories in Visa’s system able to take their cards that are issued by U.S. banks with no signature. This opens the waiver to a ton of additional merchants and extends Visa’s current no signature rule which covers only twenty six merchant categories.

According to Visa, the new policy means more convenient and faster payments for people carrying cards. According to a survey, sixty nine percent of respondents say either convenience or speed is the main reason why they use a card. Also, the new policy may help issuers get into the cash dependent markets. In actuality, seventy five percent of cash transactions in the United States are less than twenty five dollars!

On the other hand, this move towards no signatures may trump the credit industry’s move towards contactless payments, which serve the purpose of speeding up card transactions and prepping the world for mobile payments.

Contactless technology involves radio waves that are transmitted by a special equipped chip card and eliminate the need for a card swipe while simultaneously speeding up the time it takes to make a sale.

Visa does not see a conflict of interests, stating that it’s no signature rule and it’s contactless technology go hand in hand. It alleges that these are complementary, with no signatures paving the way for contactless sales. To them, going signature free is just a first step towards the newer technology.

Mallory Megan is employed by a debt collection company. She also does stories on business, finance, credit industry and http://www.linkedin.com/companies/rapid-recovery-solution-inc.?trk=ppro_cprof&lnk=vw_cprofile

Exactly Who Is Attempting To Get Me To Pay Up?

February 6th, 2010 Mallory Megan No comments

Exactly who is trying to get me to pay up? The Fair Debt Collection Practices Act was unleashed in the 1970s and provided many protections for consumers. There are strict rules and regulations that a debt collector must abide by, and if any of these regulations are violated, there is a good chance that you could sue that agency. But what about that friend of yours who owes you five bucks? Do you have to grant them thirty days to refute the claim? Clearly, you do not.

The point is that the Fair Debt Collection Practices Act applies to debt collectors, and only debt collectors. Take a look at Morency v. Evanston Northwestern Healthcare Corp, a district court case in Illinois from 1999. In an attempt to collect debt, a hospital issued and sent out pre-collection notices, which is a no-no for third party collectors. But the court ruled that the hospital was merely a creditor, not a collection agency, so the FDCPA did not apply to it.

Courts take a number of factors into consideration to determine whether the creditor should be deemed the actual debt collector. A collection agency’s participation in the actual debt collection would have to be minuscule. Is the collection agency a mere mailing service? Do the letters state if the debtor does not pay the debt will be referred for collection? Is the collection agency paid only for sending letters, rather than commission?

If the collection agency does not receive any payments or forward any payments to the creditor, that is suspicious. If a debtor fails to respond to the letter and the collection agency has no further contact with the debtor, or if it does not get the files of the debtors, they probably aren’t going to be considered debt collection agencies.

The lesson is that it is important that you know who you are paying your money to. It’s always wise to be vigilant when it comes to your finances.

Mallory Megan works for a debt collection agency. Also, she does stories on the credit industry, business and finance, and debt collection.

Red Flag Rules Retailers Must Obey

February 6th, 2010 Mallory Megan No comments

On November First of 2009, financial institutions and other creditors were ordered to comply with the Red Flag provisions of the Fair and Accurate Credit Transactions Act of 2003. The purpose of the Red Flag rules is to mitigate and prevent identity theft. Identity theft could be defined as any fraud involving people getting particular benefits by pretending to be someone else.

Broad in scope, the Red Flag rules define financial institutions as any organization engaged in insurance, banking, or similar activities, and a number of the definitions come with the breathing room to expand compliance demands. Any consumer account involving multiple payments or transactions that is offered to these organizations can potentially be subject to the rules.

The rules in a nutshell state that any financial institution or creditor that might be subject to a reasonable and foreseeable risk of identity theft should master an identity theft prevention program in order to remain in compliance. These programs should include identification on any activity that may be seen as identity theft. They should pursue red flags that have already been identified, and should take action to prevent and mitigate theft. Finally, period review and updating of red flags are necessary to comply with the Red Flag provisions.

Also, the Red Flag provisions mandate that an institution’s identity theft prevention program will be managed and written by senior company management. Training and overseeing this service are required.

Identity theft is a destructive and expensive issue; business and consumer losses came to about $56.6 billion in 2005 alone. But when you consider just how harmful identity theft can be to a business, not complying with these regulations can be even more expensive and harmful. Potential losses, costly investigations, regulatory fines and potential lawsuits are all negative consequences of non-compliance. It seems as though their best bet is to follow the rules.

Mallory Megan works for a debt collection agency. Also, she writes stories on business and finance, the credit industry and debt collection.

Get To Know The Score: What’s Up With Your Credit Report?

February 5th, 2010 Mallory Megan No comments

Your credit score can be likened to your criminal record. Both will follow you around for a very long time, and both are supposed reflections of the person you are. Only you and perhaps your attorney will know your criminal record. But your credit score can be pulled when you apply for a credit card, or go to get a new car, or even try to move in to a new place.

For those not in the know, your credit score is based on a number system between 300 and 850. A secret formula (OK a mathematical algorithm) determines what your score should be. Analysts and creditors agree that your credit score is a very accurate prediction of how likely you are to pay off your bills.

Your credit score is important. If you already have a credit card, the creditor will probably look at your credit score to decide whether to decrease your credit limit, or give you a higher interest rate. Those lucky people with the highest scores obtain the lowest rates.

But don’t freak out yet if you have a low credit score; there are ways to improve your situation. Most importantly, try to pay your bills on time. Paying late or even worse, allowing a negative account to go to collection can have a negative impact on your credit score. It logically follows that the longer you pay your bills on time the better your credit score will be.

Attempt to pay off debt rather than move it around. It’s just the most effective way to improve your credit score. Don’t close your unused credit cards. Closing will close the gap between the amount of credit you are using, and the sum amount available. If you have a bunch of credit, and only use a little, its good.

And for the love of God, don’t open any new accounts. New accounts aren’t even helpful in credit scoring because they will decrease your average account age. Which leads me to my final point. Longevity. Try to maintain your oldest accounts. Longevity pulls a lot of weight on credit reports, so the oldest account you have is the most available.

Mallory McGuinnessis employed bya debt collection company. She also does stories on consumer spending, business, financeand debt collection.

Wait A Minute. How Long Is This Going To Be On My Credit Report? Part 2

February 4th, 2010 Mallory Megan No comments

Last article I discussed the amount of time that negative marks will appear on your credit score. Those ones weren’t so bad. Late Credit Card payments are way more dismal.

Late Payments? Seven Years. Some creditors will show mercy and will delete past credit problems if you settle your account immediately. But, a late payment can happen whether your account is thirty days past due, all the way to 150 past due. Seven years from the first day the delinquency was reported will be the day that the information is removed from your credit report. Fortunately, these negative marks are most common and have the least effect on your credit score.

Tax Liens mean seven years of bad credit. A tax lien usually occurs when the local state or federal government claims ownership of your stuff because you haven’t paid your property or income taxes when they were due. No matter how fast you pay them, big brother is mad that you made him go out of his way to seize your property. Seven years.

If you have a tax lien against you that you continue to not pay, it can stay on your credit report for 15 years. The chances of your being able to keep any money from Uncle Sam are slim to none, so might as well pay up now if you are in this position.

Foreclosures are bad news and they will remain on your credit report for seven years. Considered to be one of the most severe negative accounts you can have on your credit report, if you have a foreclosure on your record, your chances of owning another home are shot unless you plan to pay for it entirely in cash.

Defaulting on student loans is not a good idea! Although before the administration of George W. student loans were usually forgiven if they were declared during a bankruptcy hearing, times have changed so it’s important to take these things seriously. Defaulting on a student loan happens after 270 days of nonpayment. And before the loan is defaulted, you can bet your student loan money that you will receive a number of late payment fees.

Then there’s bankruptcy. Bankruptcy will appear on your report for ten years, and rather than give a creditor your report, you might as well say “I am fiscally irresponsible and will be so for the next ten years.” So you might end up living with that nosy mother in law that I wrote about in article 1 after all if you do not keep track of your finances.

Mallory McGuinness is employed bya debt collection company. She also writes stories on the credit industry, business, finance, and debt collection .

Wait A Minute. How Long Will This Stay On My Credit Report? Part 1

February 4th, 2010 Mallory Megan No comments

Your credit history. It could be your best friend, or your worst enemy. Most of the time it’s like a nosy mother in law coming to visit. You know that she’s coming, and that’s always bad news, but you are too afraid to ask or even consider how long she will be staying. Even though that was the worst analogy ever, read on to see how long negative marks stay on your credit history!

In my personal opinion, there are two records that really count in this life. Your criminal record and your financial record. Unlike your criminal record which will hover over your head for a very long time, thankfully, your credit report and scores are not permanent. But how long can these negative records exist on file?

First, errors in your credit report will be removed immediately. It you find a mistake, or a negative account that doesn’t belong to you, contact the credit reporting agency and the creditor. You should be able to have the negative account removed within 180 days.

Anytime your credit report is pulled at your request, an inquiry is put on your report. An occasional inquiry once in a while couldn’t hurt, but if you have placed a large number of inquiries within a short time period, this generally lets prospective creditors know that you need the dough and you need it fast. The bottom line is that the more inquiries that show up on your report, the lower your score will drop. These will usually last only up to two years.

But here’s the 411 about inquiries. Not all inquires will be bad for your credit score. Soft inquiries, like when you get your credit score, or when companies check your credit for purposes of making unsolicited credit offers do not hurt it. When you apply for a credit card, the creditor pulls your credit report that will result in what is a hard inquiry. This might potentially lower your score.

Mallory Megan works for a debt collection company. Also, shecomposesarticles on consumer spending, business and finance, and debt collection.

How To Protect Yourself Under The New CARD Act

January 30th, 2010 Mallory Megan No comments

There have been recent changes in the credit industry due to the new credit card bill that takes effect in February. It will have huge ramifications for both issuers and cardholders. Restrictions on rate increases, fees and increased disclosure requirements will bring about many changes for issuers. Every borrower should learn about the crucial stipulations in the law and the loopholes.

While the new rules will heavily restrict retroactive rate increases, they will not put an end to all negative changes to card accounts. Even consumers with high credit scores may be affected by negative adjustments.

The best way for a consumer to maintain an adequate credit score and keep account provisions intact is to be on the defense. This includes paying on time, not closing accounts unless its necessary and keeping balances low.

Minimizing your outstanding balance will protect you against negative changes to your account, improve your credit score, and most importantly it will save you money. This is because a lower balance may help protect your credit score against credit limit reductions. This is a good thing because if your credit limits decrease, and your debt doesn’t decrease, your credit score may drop. According to the CARD Act, issuers have to give you the option to opt out of a considerably large change in terms.

In these situations, issuers have to send out a notice that is 45 days in advance at the least from the effective date. The purpose of this is to give you time to decide if you want to reject the proposed change.

It is key that you check your credit score frequently; this is based on your credit report. Mistakes such as collection accounts or delinquencies will lower your score. This is why it is imperative to check on your credit reports at the three major credit reporting agencies on a regular basis. You can do this free of charge.

Any drastic change in law that could affect your financial situation is a big deal. Consumers should educate themselves as much as possible to protect their credit report and finances.

Mallory McGuinness-Hickey works for a debt collection agency. Also, she writes articles about the credit industry, business and finance, and debt collection.

Capital One Being Sued For Unethical Business Practices

January 28th, 2010 Mallory Megan No comments

Credit card issuer Capital One Bank and four other companies were taken to court by West Virginia Attorney General Darrell McGraw for underhanded and unfair practices and unethical business conduct. The complaint was filed this week in West Virginia’s Circuit Court and it alleges that Capital One hooked consumers into repayment plans by mailing out solicitations disguised as new credit offers.

Capital One offered to give consumers one dollar of new credit if they agreed to transfer the whole balance of a charged off account to the new credit card. This meant that Capital One could re-age debts to get around the statute of limitations, which would start anew.

According to the suit, Capital One issued cards with limits as low as 200 dollars for low-income consumers with poor credit histories. The cards carried membership fees of up to 59 dollars per year. Typically, the annual fees were billed on the consumer’s second monthly statement, leaving the consumer with just 141 dollars of credit when they thought they had 200 dollars. Then, if the consumer mistakenly exceeded the limit, they could face over the limit fees of up to 29 dollars.

In recent months, McGraw’s office has gone after debt collection companies in part of an effort to protect West Virginia’s consumers. In November his office sued two payday lending firms and four collection agencies.

As members of the debt collection industry, oftentimes we may scratch our heads and wonder why, in a suffering economy where debt is running rampant, we cannot retrieve the money that consumers owe. Analysts claim that with unemployment rates running so high, it is virtually impossible for consumers to repay their debts. But bad business practices are not going to help the situation either. It may be a knee jerk reaction to try to con consumers out of money, but it is just that. A knee jerk reaction.

Mallory Megan is employed bya debt collection agency. Also, she does storieson consumer spending, business and finance, and debt collection.