Debt Consolidator Now

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.

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.