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Commercial Collection Agencies Can Be Good For Business Cash Flow Improvement

April 10, 2010 by David P. Montana  
Filed under Credit Debt

It is not unusual for larger businesses to have their own in house debt recovery division, that’s responsible solely for the collection of the company’s bad debts, but for smaller businesses who would not have this ability, commercial collection agencies makes sound business sense. Plenty of larger organizations also are entrusting this critical operation to commercial collection agencies finding it cheaper to employ their expert services whenever needed.

Many smaller business owners are involved with each individual function of the daily running of their business, and when the accounts are not getting paid, can easily become tied up with going after money as opposed to focusing on other critical tasks. These businesses could possibly suppose it is an expensive alternative to use commercial collection agencies, nevertheless actually it often proves to be precisely the contrary.

For starters, by utilizing commercial collection agencies, their particular methods will very often mean that debts are paid considerably quicker, as a consequence improving upon the cash flow and stability of the company. By chasing after these debts yourself it is very often that you just do not appreciate the cost to the business in some other ways. Generating telephone calls as well as re-sending invoices and reminders can be very time intensive, not to mention stressful. Time spent chasing after money is time not spent in other activities, that are vital for your business to expand and operate profitably.

There are other reasons why it usually is a clever choice to employ commercial collection agencies. If a client of yours receives a reminder notice chances are that they’ll not necessarily bother about it too much or even take it too seriously. They’ll already know that they haven’t paid you and owe the money so the letter could have already been expected, but they will not believe any serious penalties in not paying and for that reason not be in any kind of hurry to clear the debt.

Nevertheless, should they receive a reminder letter from commercial collection agencies most companies behave much differently. The notice is going to be taken much more seriously as they might be concerned, for example, that their credit rating would be damaged if they don’t pay the bill quickly. This one basic fact can and does make a huge difference in the amount of time taken to pay off debt when receiving an ‘official’ letter from commercial collection agencies. Your debtors will more often then not be motivated swiftly into honoring their financial obligations, or beginning a payment system whereby the debt is paid gradually.

When employing commercial collection agencies you should make sure that the company is respected and follows professional work ethics. They are essentially representing your organization and you should ensure that you choose a company which has a good standing as well as will get good results.

Payment is likewise a significant issue which requires discussing prior to any decisions are made. Commonly they’ll require a percentage of the money that is recovered; rest assured that if you utilize the assistance of good commercial collection agencies your business will soon begin to benefit from that decision.

Numerous business owners find the thought uncomfortable of going after money from highly regarded clients who may have been trading together for many years, just because they have fallen onto challenging times. These are very difficult times for all businesses, and by giving over the responsibility to commercial collection agencies you can maybe help to save a trading relationship for the future.

David P. Montana has written, lectured and served as a corporate consultant in the area of debt recovery solutions for thirty years. David invites you to read and pick up a great deal more specifics on the subject of debt recovery.

What Will Happen If I Have a Charge-Off On My Credit Report?

December 27, 2009 by Matt Douglas  
Filed under Credit Debt

Many people want to know if it is possible to remove a charge-off from their credit report. The answer is, it may be difficult, but it can be done.

A typical charge-off scenario is where a borrower will miss several months of payments. These can be payments missed altogether or late payments. At this point, the creditor will try to reach you through phone calls or letters trying to get you to bring your account current. Once the creditor is convinced that it will not be able to collect from you, the creditor will often write-off the debt.

Negotiating a payment plan with the creditor is the best thing to do at this point in order to prevent the account from being sent to collections. It is best to contact your creditor and begin a dialogue with it as creditors are typically willing to make arrangements if you are experiencing a difficult time. It is never wise to ignore the attempts of your creditor to contact you.

The debt you owe, and which your creditor now perceives as uncollectible, may be sold to a collection agency. You may have heard of collection agencies and the way they do business. Their tactics often include harassing phone calls and threats to file a law suit.

Your credit report can carry a charge-off entry for seven years. Your chances of obtaining additional credit will suffer and your credit score will be greatly damaged. These are not things you want to happen! In light of this, it is best to try to have charge-offs removed.

It will be necessary to obtain a copy of your credit report to start the charge-off removal process. Review your credit report for any inaccurate or false information once you receive it. Inaccurate or false entries can be removed from your credit report by writing the credit reporting bureau and explaining your claim. Be sure to provide the credit reporting agency with copies of any documentation which confirms your claim. The credit reporting agency must verify your claim within 30 days or else it must remove the credit item in its entirety.

If you contact the collection agency, it may be willing to come to an agreement with you. As you enter your negotiation with it, keep in mind that collection agencies purchase debt for cents on the dollar so the collection agency may well be willing to agree to a reduced total amount due. You can either offer a lump sum payment in exchange for this reduced amount or you can attempt to arrange a payment plan for the full amount. Above all, be sure that you obtain in writing an agreement which states the charge-off will be removed from your credit report or, at the very least, that the charge-off be reduced to a “paid” status.

To summarize, if you find yourself falling behind in your payments, contact your creditor and try to work out an arrangement to avoid a charge-off. If the charge-off account ends up with a collection agency, attempt to negotiate with the collection agency to pay the debt and remove the charge-off entry from your credit report.

Free 19 Page Collection Agency Deletion Guide at www.MidlandCreditDebt.com. Stop Midland Credit in its Tracks. Fast, Easy, and Free.

Credit Card Collection Agencies and Negotiating Settlements

December 19, 2009 by Matt Douglas  
Filed under Credit Card

Collection agencies devoted to credit card collections have in recent times become busier and busier. This is because more and more people are having trouble keeping up with their bills.

One missed payment can result in an additional penalty which might just be what hurls you over your credit limit. Know what happens if you exceed your credit limit? That’s right. You get an over-limit fee assessed against your credit card. At this point you might be $100 over your credit limit and you still owe the initial monthly payment as well.

Before things get worse, it is best to contact your credit card provider and explain your situation. Most credit card providers are willing to work with you. It is best to put a stop to things at this point instead of letting things get out-of-hand, resulting in the credit card provider selling your debt to a credit card collection agency.

Debt sold to a credit card collection agency will normally be purchased at a fraction of what you actually owe, typically cents on the dollar. As credit card collection agencies make their bread and butter from collecting as much as possible from those who owe debt which they have subsequently purchased, they may at times be harassing and even threaten legal action.

It makes more sense for the credit card collection agency to work with you than to file a costly and time-consuming law suit. If you can acquire the funds, try making an offer to the credit card collection agency to reduce the amount of the original debt and pay the negotiated amount in full. You will want to make sure that the agreement is in writing. Also, be sure to keep copies of all documentation to and from the credit card collection company, and to mail all correspondence by certified mail, return receipt requested.

Typically, it is a good idea to begin the negotiation somewhere around 25% of the original balance. Though this sounds low, remember that the collection company probably purchased your entire debt at only about 10% of the original amount. It is likely that the collection company will decline this offer and will issue a counteroffer, which you then should counter as well. This will continue until you either come to an agreement or the negotiations discontinue.

As time goes by, the credit card collection agency may well pay less attention to the debt and stop calling you. It may decide to accept a smaller amount than it was initially willing to accept or, alternately, it may decide to sell the debt to yet another collection agency, for yet again a reduced amount, and the process will begin all over again.

It is good to remember that at any point in this process, beginning with the credit card provider itself, a legal action could be filed against you. Additionally, your credit score is continually and quickly decreasing. A court judgment will anihilate your credit score even more.

Free 19 Page Collection Agency Deletion Guide at www.MidlandCreditDebt.com. Stop Midland Credit in its Tracks. Fast, Easy, and Free.

The Negotiation Process and Midland Collection Agency

December 11, 2009 by Mark Newman  
Filed under Credit Score

Midland Collection Agency (“MCA”) is one of the United States’ largest collection agencies. Also known as Midland Credit Management, Midland Collection Agency has its headquarters in San Diego, California, and offices in Phoenix, Arizona, and St. Cloud, Minnesota.

As MCA holds such a large percentage of the debt collection industry, it is common practice for MCA to buy delinquent debt for a fraction of the original debt amount. Delinquent debt is offered for sale when creditors are unable to collect the debt from their debtors. After MCA has obtained the delinquent debt, it will proceed to try to collect from the debtor using all manner of collection techniques, such as contacting you by mail and telephone or even, in some cases, by initiating legal action.

As you probably know, when you apply for a line of credit, be it a home loan, car loan, or credit card, the lender requires that you agree to certain terms and conditions. One of these terms and conditions is invariably that you will pay at least your minimum monthly payment either on or before your due date.

If you default with regard to this repayment condition, you will begin receiving letters and telephone calls demanding satisfaction, i.e. payment of the outstanding debt. If you are unable to make payments to bring the account back up-to-date, the creditor may tire of trying to collect the debt and decide, instead, to sell the delinquent debt to a collection agency. This will allow the creditor to obtain at least partial payment on the outstanding debt. This will cause your credit score to begin to spiral downward. To add insult to injury, MCA will most likely purchase your delinquent debt for pennies on the dollar.

You will begin to receive letters and phone calls again requesting payment. Most likely, the MCA collection agent will be looking to negotiate a settlement. Do not be surprised to find that your original debt amount has now multiplied as now you will see that late fees, over-limit charges, and interest have been applied.

It is wise to attempt to negotiate a settlement with MCA, if at all possible. If a settlement is not reached, you will see your credit score take a hit yet again.

When negotiating a settlement, you should make sure that you can hold up your end of the bargain. You should keep in mind that MCA purchased the delinquent debt for pennies on the dollar and, as such, you shoudl begin your negotiation low, probably 40% of the original amount. When negotiating, you can take one of two approaches – you can offer a lump sum payment or you can offer a payment plan. Always be sure to keep copies of all correspondence to and from MCA while negotiating in the event you should need it in the future.

Do not complete your negotiations without making sure that the delinquent debt will be erased from your credit record. If the MCA collection agent is unwilling to do this, then make sure that the delinquent debt will at least be changed to a debt which was “paid.” Debts which are reported as “unpaid” can remain on your credit history for up to seven years. Additionally, lenders are wary of people with unpaid debts on their credit reports. Home loans, vehicle loans, or credit cards can be denied because of these reported unpaid debts.

Midland Credit Management Ruined my Life. What I Did to Get Revenge. www.MidlandCreditDebt.com

Important Reasons Why Commercial Collection Agencies Can Improve Cash Flow To Your Business

July 15, 2009 by David P. Montana  
Filed under Credit Debt

No matter what the size of your business is, positive cash flow is a crucial element, which means that collections should be one of your top priorities. At the same time, collections is a process that makes a lot of people uneasy, meaning that they sometimes procrastinate on doing it in favor of other, more pleasant duties. For many businesses, employing commercial collection agencies is the answer.

First of all, phone calls from commercial collection agencies are often enough to get a slow-paying client to send a check. Existing clients may take advantage of their good relationship with you and drag their feet as long as possible, hoping to trade on your goodwill. Calling in a professional debt collector shows them you mean business.

Secondly, people who work for commercial collection agencies do this job and this job only for a living. They know how to push your clients’ buttons in order to get them to pay, and they’re very persistent. In contrast, an in-house collections person may put off collections calls because they’re unpleasant, be content with leaving a message on voice mail or be susceptible to your clients’ excuses.

When you have a number of agencies who have acceptable fees and success rates, there are still other questions to ask. You want to pick commercial collection agencies that match your industry, for example. If your clients are all Fortune 500 companies, the debt collector that specializes in individual consumers is not going to be the right match for you. You need a debt collector whose strategies meet your needs.

You may have been hesitant to hire commercial collection agencies in the past due to the mistaken impression that it costs a lot, but most debt collectors take their fee as a percentage of the recovery. That means there’s no cost to you up front, and since commercial collection agencies have been proven to be much more effective than phone calls from in-house people, the recovery itself is likely to be much larger. For this reason, you’ll make more money in the long run by hiring a debt collector, even after you pay their fee.

Commercial collection agencies are experts at recovering receivables quickly. Studies have shown that once the collections process starts in earnest, people who are going to pay are most likely to pay within the first month. Having a persistent debt collector on the case greatly increases the chances of obtaining that money in the first month.

Another reason to choose a particular company among commercial collection agencies are value-added services. For example, skip traces, a service normally done by detective agencies in which they locate people who are trying to obscure their address, are also done by some collections agencies.

Skip traces can also give you an idea of any judgments outstanding against the debtor, which can help you decide how far to pursue the collections process. If your commercial collection agency provides this service as part of their fee, it’s a significant reason to choose them.

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California Couple Awarded $500,000 in FDCPA Case

May 28, 2009 by Jonathan Summers  
Filed under Credit Debt

Last month, Manuel and Luz Fausto won one of the biggest collection awards documented in the last couple of years under the Fair Debt Collection Practices Act (FDCPA) against Credigy Services Corporation. A California jury awarded the Faustos $500,000 in damages derived from harassment by Credigy collectors. Of the sum, granted $100,000 was for actual damages the Faustos experienced, while $400,000 was in punitive damages, granted for malicious and reckless disregard of the couples rights. According to one of the Faustos lawyers, David Humphreys of Humphreys Wallace Humphreys, P.C., and the case derived from a debt on a Wells Fargo charge card opened in 1992.

Humphreys stated that the Faustos routinely paid the account balance on the credit card, but the balance kept increasing. The Faustos then requested that the account be frozen, but their request was declined by a local Wells Fargo branch. Humphreys said the Faustos received help in paying the balance from a local business that promised to negotiate a discounted payoff of credit card balances. The Faustos were under the impression that the debt owed to Wells Fargo was paid off with two money orders in the late 1990s. In 2006, Credigy contacted the Faustos with a demand of almost $17,000. Humphreys noted that a Brazilian affiliate of Credigy made over 90 threatening calls and sent numerous letters to the Fausto home, even after a cease and desist notice was sent to the company.

Luz Fausto recorded the last phone call made by the debt collectors, which documents false claims that threatened the Faustos livelihood. Credigy counter sued the Faustos on the premise that the debt collection call was confidential. Humphreys said that Credigys collection efforts did not stop until a lawsuit was filed. Humphreys claimed that the jury award was the largest given to a consumer in a case brought under the FDCPA.

Manny Newburger, an attorney for debt collectors fears that consumer lawyers may make the false assumption that all juries will award large damages because it was awarded in this case. The Fausto case is fact-specific, Newburger stated. In the vast majority of cases there is little or no evidence of actual damages presented by the consumer. This is one reason why other debt collection lawyers are not willing to let the verdict in this case affect their evaluation of other cases, he noted.

Newburger said that the defendants in this case sued for invasion of privacy, a frequent defense but also, a theory that is asserted in a lot of the cases filed around the country involving alleged collection abuse and the jury ruled against the defendant in the invasion of privacy claim. According to Newburger, the verdict was based on state legislation. This is a California specific case, he said.

Newburger argues that the only thing the Fausto case means is that the consumer won. He does not think the size of the award will entice more consumers to sue debt collection agencies. I think this verdict is indicative of what this jury thought of this particular case, but not of anything else, Newburger said. As for the size of the jury award, Newburger said that he had heard of greater rulings in FDCPA cases.

The ruling for the statutory penalty is still undecided. Once decided, a judgment could be granted for any sum up to $1,000 for Credigys violations of the FDCPA. It is unknown if Credigy will appeal the ruling. The lawyers for the debt collection agency could not be contacted.

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