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Dealing With Debt Collectors
It can be a terrible feeling to receive a call from your creditor to discuss your overdue account or bad debt. We tend to go
through a lot of
reactions if it takes us by surprise including…
· Avoidance. We just want the problem
to go away. We have the urge to “let the machine get it”
or say “he’s not home”
when they ask for you. It’s not a particularly noble trait
but we all feel it.
· Anger – that they would dare
call you at home.
· Embarrassment – because we
feel badly for owing the debt.
· Fear – because he have heard
some bad things about creditors – some scary things.
So thinking in advance and knowing not only
what they are looking for so you can have the right questions and
the right
answers but what your rights are will help tremendously with those
emotions of confusion and fear. In this article, we will
spend some time laying out just how to respond to those calls.
Just Lay it on the Line
Just as with most things in life, honesty
is the best policy. If you can just be honest with the creditor,
it’s amazing how
open they will be with you and ready to work out a solution. The
truth is, they really don’t want to do this any more than
you do. Litigation seldom works and they understand if you have
cash flow or employment problems then they will work with you to
devise a way to resolve the debt.
Once you have put it all out there, have
the credit representative do the same. Have them explain to you
where in the collections process you are, if you are dealing with
the creditor or an agent of theirs, how many notices has gone out
and how many more will go out before it goes to more severe action,
etc.
Now Run With the Ball
Having done some preparation and thinking
about this moment in the conversation, you are prepared to know
what you want and carefully, tactfully go after it. You can propose
a plan to the representative he should be open to it. If you feel
the representative is getting resistant or hostile, he is probably
not at the level of authority to really help you so ask for a supervisor
so you can do some negotiation.
Plan right now not to be intimidated or let
them push you around. Don’t let them pressure you into something
you cannot afford. If you have an issue, you can present it firmly
but without anger and they will sense that you are serious and respond
accordingly.
It Never Hurts to Ask
Once you get the creditor in the right frame
of mind to negotiate, imply that you are ready to resolve the debt
or reach some resolution if they will give a little. At this point,
some concessions you can ask for are…
· Will they accept a reduced lump
sum payment?
· Will they wave interest or late
charges for a few months to give you time to catch up?
· Will they wave outstanding service
charges on your record?
· Will they remove any negative marks
on your credit record?
You may not get these concessions but it
doesn’t hurt to add them to the negotiation and if the creditor
feels they can get
the debt paid, they may have a lot of leverage to work with you.
Keep It Between Friends
If you are working with the creditor directly,
that is where it should stay. They may attempt to use a little intimidation
that they are going to “turn it over to legal” or to
a collection agency. You should make it clear that it is not the
right way to go if they did that. That is a tactic that has almost
all of its value in fear and pressure.
Once the debt goes to a collection agency,
specific laws concerning how collections are being done kick in.
Find out when they might consider doing that and make sure the creditor
knows that the best line of communication is directly with you and
not with the collection agency. It is going to take some tact but
if they know that the minute it goes to legal or to the collection
agency, you are going to shut down communications and it will require
a full law suit to resolve the debt, it is in their best interest
not to go down that road.
Created by Ryann Cairns
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