Clay’s Blog

Now that I have your attention.

I know that sounds funny, hasn’t it always been your wanted a HIGH credit score? Well, yeah If you want credit, sure that’s what you want. I have been having some problems lately with one particular creditor. Here is the deal, I was about 4 days late mailing my payment and was gonna mail it out the next day . So last Thursday (6/22) between 2:00PM and 6:00PM they call me six times on my cell phone. I couldn’t answer the calls because I was at work, and there are some serious Federal issues with talking on a cell phone while operating a train (and a passenger train to boot). So when I get home I call them back (using the recorded call service offered at Debt Consolidation Care).

I get a hold of these out sourced non English speaking people who begin to berate me for a payment being (by their records) 1 day past due. Between their accent and the wind or something blowing in their phone I could barely make out a thing they said. I advised them they were told to stop calling my phone in December 2005, and they were violating Federal laws (Not the FDCPA by the way, as OC’s aren’t legally bound by the FDCPA). They state under the FDCPA they can call once every 7 days ( it doesn’t say that anyway).. I tried to explain to them that I’m not talking about the FDCPA. Its kinda funny really. People come into the forums all the time trying to use the laws to avoid paying debt, and these people are trying to use the laws (that don’t apply to them) to avoid compliance with laws that do apply to them. My mind goes numb just thinking about these bone heads.

I tell the person, “well, if you waive off the late fee then I’ll give you the past due payment right now”. They say they can’t do that, only customer service can, but if I give them a payment they will transfer me to them when I’m done, but customer service refuses to talk to me becasue the account is in collections (see the catch 22 here yet?). I tell them no, I’m not giving them a payment till they either reverse the late charge or July 12 (25 days late, they can’t report me!!). Basically, I’ve become obstinate in dealing with these people and refuse to cave. Why pay them now when they want with no incentive to me, when I can pay them in 14 days, and they still can’t do anything bad to me?
I have started documenting every phone call, sent a letter demanding my account be closed (so they don’t close it and say they did it, if they do I’ll dispute it as closed at my request) and starting I now longer accept any terms or conditions of the account. It’s a valid debt, and I will repay it, but on MY terms, not theirs!.

They have been classified into what I call a hostile creditor. This means they are no longer trustworthy to be dealt within a responsible civilized manner. All dealings with them must be documented, no contact by phone is allowed (in other words they call I waste 10-15 minutes of their time till they get frustrated and hang up. I Will not discuss the account with them at all. No longer are they entitled to receive payment from my bank (auto pay), by check, over their website or by phone. They now will only be paid via cashiers check or money order (yeah additional cost to me, but it’s worth it to document that these people do what they are supposed to do). If They have an Overnight payment address locally, I may start dropping my payments directly to them and they will have to sign for it. Since they want to hide behind the FDCPA, I am going to sue them for violating it and 47USC223 (an FCC regulation). I’ll just add the cost incurred to document them to the final total. It doesn’t matter to me. It’s more a CYA and the principal than the money.
Who is this Creditor you Ask? Dell Financial Service, an entity jointly owned by Dell Computer Corporation and CIT Bank. I highly encourage anyone looking to purchase computer equipment to consider ANY OTHER MANUFACTURER that Dell. Their decision to off shore much of their manufacturing and Customer (dis)Service, so called tech support and Financial Services leaves many Americans out of work, and their personal and Financial Information at heightened risk of being compromised.

But to get back on the topic. All this has made me stop and think about my financial situation, and how I handle my life. I am tired of dealing with this junk. I’m tired of stressing out over making payment, and worrying if the due date and my check don’t always co inside. So I figure the best solution is to work towards that position where I don’t use credit. I will over the next year or so be paying off everything but my mortgage. The car payment will be about two years. As I pay stuff off, I’m gonna close most the accounts and not open new ones. Yeah, I know. Bad. I would, eventually end up with a low credit score because there is nothing to base a score on.

Well, as Dave Ramsey says, your FICO (or other similar credit scores) don’t really rate how your handle your so, so much as how much you Love to pray at the alter of credit. I’m done with credit. I am becoming a credit atheist. I would rather have no credit at all than the stress and headaches of dealing with credit which enables me to have a Life I really can’t afford in the first place.

I have noticed lately a large number of people coming into the forums at seeking information on how to use State and Federal laws to avoid paying their debts. No one should ever pay more than they are required to by laws, but people should repay any debt with they legally incurred and agreed to, including the terms of that debt if it was made in accordance with prevailing laws. The only way to use the laws to get out of paying debt is to pay the debt, or file bankruptcy. Laws like the FDCPA are designed not to give consumers an out from their obligations, but to try and ensure consumers are treated with dignity and courtesy (though it often seems to fail ). The FDCPA also affords certain rights to collectors to, and just like us they have the choice as to whether they choose to pursue other legal remedies. If you send a Collector a cease and desist letter, be prepared to defend your position in court as you are essentially telling them “Sue me or Shut up”. Be careful, someday someone may call your bluff.

I found DCC one day while doing a search for an collection agency I was having a problems with in relation to a T-Mobile account I canceled due to T-Mobiles breach of their own contract and their refusal to correct or even acknowledge the situation. The agency was Superior Asset (management), to call these people morons would be a insult to morons everywhere. To this day I refuse to pay the remaining balance on this account because of T-Mobile’s failure to provide service as expected and as outlined in their own TOS.

When I found DCC I wasn’t exactly scared of debt collectors. They are more of a pain in the rear than a entity to be feared. They are really harmless. There really isn’t much they can do, and even when they do have options they usually trip over their own egos and screw that up. As I continued to read posts and participate in the community, I fully realized that debt, while a pain in the rear, is not as bad as people think. It isn’t something to let yourself get stressed out over. There was a time when I couldn’t sleep over my debt problems, but not any more. Now I enjoy helping others come to grips with their debt and finances, and figure out how to handle them in the most responsible way.

My own issues with debt debt and credit include filing bankruptcy at 25, use of payday loans to make ends meet ( though I have never had more than one loan out at a time, never with any Internet lender, and always paid back within4 months). I do believe that pay day loans should be avoided at all costs, but if a consumer really has absolutely no other alternative, they need to stop and take the time to read their disclosures, and understand the laws that govern such transactions. Under NO CIRCUMSTANCES should ANYONE ever take a loan form any Internet lenders.

These bottom feeders try and hide behind the veil of the Internet, and ask consumer to sign away their rights guaranteed to them under their State and Federal laws. They charge interest rates that are way beyond extortionist, and all the while think they are doing YOU the big favor. Any one who reads any of the forums at DCC can clearly see the consumers have been doing THEM the big favor, but the tide is beginning to turn against them. It should be interesting to watch. I predict the pay day loan industry will either completely disappear or undergo a radical change in the next 3-5 years. Regulators are becoming aware of their tactics, and issuing rules and regulations which are aimed at curbing their activities, and keeping a tight reign on them.

Feel free to post any responses, or if you are a registered member of DCC, you can also PM me there.

Hello Everyone! Well, I figured I would jump on the Blog band wagon, though I’m not really sure I would have a whole lot of interest to say about much of anything. A little about myself. I a locomotive Engineer for Union Pacific Railroad, as well as the Legislative Representative Representative for my Union division. International Brotherhood of Teamsters Rail Conference Brotherhood of Locomotive Engineers and Trainmen Division 404. AS a result of my union activities, I tend to spend a lot of time reading boring regulatory and governmental stuff, and a have become pretty decent at interpreting regulatory and some legal information. I’ll probably post my opinions about things that I see in the forum, and my opinion. Often I have to temper myself there, but I figure I can expound on my point of view here. From time to time, I post bout stuff that happens in my every day like or at work. so if you ever wanted to know how a railroader lives, stay tuned, something is bound ti surface eventually.

In my non work, non DCC life, I am married (first anniversary is June 11) thought we have been together close to eight years. I have a 16 year old step daughter, whom I love like my own,but I’ll be honest, sometime she really pushes my button, but I guess thats what kids are supposed to do. WE have a small zoo in our house with 4 dogs Haley, 11 year old Dalmatian, Katy, 8 year old dalmatian, Cheyenne, 4 year old mutt,and jack , a d 7 month old mutt that could be confused for Cheyennes puppy (though hes not). WE also have 3 cats, Joey (the cat in my avatar at DCC, about a year and a half old. Hes my special boy as he has a brain injury from an unfortunate accident on thanksgiving 2004. Hes doing much better now, his recovery has been absolutely fascinating) His sister Chessie (she came from the same place, where they had two cats that had litters at the same time, chessie is actually from the other cat, but I think they knew each other. Chessie came to our home about 6 months after Joey, and wasn’t supposed to stay, but her presence seemed to kick start joey recover, and she warm all our hearts, so by the tie we found a shelter to take her, there was no way we would let her go. and Mason, an 8 month old cat we got from a local rescue group. He’s a real joker, and everybody’s best friend, he “loves” chessie (to bad they are fixed, their kittens would be really cute) and he’s Joey’s best friend and care taker. Mason even loves to play with the dogs. At night his favorite place is nuzzled against my wifes neck.

Feel free to post any responses, or if you are a registered member of DCC, you can also PM me there.