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Violation of Fair Debt Collection Act from Chase Supervisor
Posted Wed April 28, 2010 12:00 pm, by anne b. written to Chase Bank
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I had a car loan for 5 years that was never late once. I bought a new car 8 months ago through Chase & within weeks was hospitalized for months after I had kidney surgery & was out of work. I have made all my payments so far (except this month) but they are usually late. I always advise EVERY representative of these facts each time they call since I am playing "catch up" with all my bills from being out of work for months.
The latest call was today from Melanie Morales who claims to be a Collections Supervisor. She went way out of line threatening me that they would repossess the car TODAY if I did not make a payment to HER today. The last representative I spoke with advised me I had until the 3rd of May to pay, which is when I get paid again.
Melanie insisted she would repossess the car & REPEATEDLY made stressful remarks like, "You obviously don't care about your debts", & "What will you do without your car?" in a snide tone, & almost yelling "You are always late since you opened this loan! You clearly can't afford this car. You obviously don't care about paying your debts!" and others. I said there was no reason to be rude to me, that I had spoken to someone already & arranged to make a payment, & she said, "Well, YOU have a problem because that's not good enough!"
I stayed very calm but she made me very angry & stressed & would not listen to me AT ALL, but kept interjecting her remarks about how I will lose my car, & that I don't care about paying things off, & how they did me a favor by "allowing me to build my credit" by giving me a car loan. Are you KIDDING ME?
I doubt she heard 2 words from me with all her rude interrupting. I have NEVER complained about a collection call before, but this was the most stressful & worst one I have ever had, & I wanted to report it & her, because there was no reason for it. Despite my excellent past records, I am now being treated as a bum off the street by a company I pay money to every month (late or not.) If it makes a difference, the payment I planned to make would have brought me 100% current, even into my NEXT payment, because I am caught up.
I endured a real physical & financial hardship out of my control. I am doing the best I can to make things work & to pay my debts, but now when I speak to a rep, I don't know if the dates that they say I need to pay by are REAL, or not. If one rep says one thing & a supervisor calls screaming at me something else, who do I listen to? A rep that sounded courteous & professional, or someone who screams & is totally rude & who claims to be a supervisor? I don't know but this sucks. She should be fired either way.
Here is her info (that she gave me anyway) Her name is Melanie Morales, she claims to be a Collections Supervisor, & her # is 813-584-2284
Stop unfair, rude & harassing tactics within their billing or collections. This does not motivate people to do anything except complain or potentially sue for violations of the Fair Debt Collections Act.
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by April S. Posted Sat May 8, 2010 @ 2:47 PM
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Completely unacceptable...but typical for debt collectors.
Once they start down that route, I just stop them and let them know I have a copy of their script. "Insult customer" "Make customer feel bad" "Threaten customer" "Attempt to anger customer" "Attempt to belittle customer" "Attempt to embarrass customer". When I am done going through the script I ask if they have anything else they would like to add before we get down to business. I actually got one guy to laugh after awhile and he admitted that yes, they are trained to say these things. If it makes you feel any better, it's not personal. The collector couldn't care less what kind of person you are.
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by fishbjc Posted Mon May 3, 2010 @ 1:38 PM
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Have you discussed tacking one payment onto the end of the loan, thus bringing you *current*?
If Chase is anything like PNC..the *collectors* receive a commission. Maybe this is why she was over-zealoous?
She does deserve to be reported...they can pull up the tape from that day...she may have violated Chase's internal collection procedure.
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I used to be a debt collection agent once upon a time. I hated the job intensely and ultimately quit. The boss said I was too friendly on the phone because no one wanted a 'perky' (her words) voice telling them they owe money.
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by Jared C. Posted Thu April 29, 2010 @ 1:29 PM
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Quick thought just to cover your butt so you don't end up without a ride - move your car somewhere nearby where they wouldn't know to look for it....or where they don't have the right to trespass on the property to re-possess it.
Throw a drop cloth over it once it's moved.
Got a neighbor or a friend within walking distance?
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Unfortunately this is what happens when you borrow money.
I never buy new cars, most new cars, except for maybe exotics, depreciate in value
I buy gently used cars, even though I have the ability to pay cash for a very expensive car.
Too many people feel they are owed a new car, or deserve a new car.
Then when crisis hits, which it almost always does, that car that you deserved is now a thorn in your side.
Not everyone believes the same way I do.
Some members of my family buy the NEW flash vehicle, only to sell it to me, years down the road.
I recently picked up a 02 Frontier king cab with 54k on it for 4800 dollars.
I could buy a brand new one, but this truck has acquired most of its deprecitation as it is.
Too much hassle dealing with debt. I keep life simple
Good Day
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Agreed
by Donno Sat May 1, 2010 @ 3:52 PM
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by KenPC Posted Wed April 28, 2010 @ 2:44 PM
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Understand that the Fair Debt Collection Act does not apply here, it only applies to debt collection agencies, not to the original lender. Collections is the ultimate thankless job, they have to deal with a whole lot of bottom feeders, and I think they get real cynical really quickly. How many times a day do you think they hear 'the check is already in the mail', when no payment was made, or intended.
It does not in any way excuse her behavior, but maybe explains it a little. If you are only one payment late, chances are small that they will start a costly repossession, so just get caught up as quickly as you can. You'll be fine.
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Nah
by Nicole F. Thu April 29, 2010 @ 12:40 AM
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by NathanG Posted Wed April 28, 2010 @ 2:39 PM
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They dont care what the reasons are they are collection agencies. All they know is your late and thats not acceptable.
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by Donno Posted Wed April 28, 2010 @ 2:30 PM
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This is the passage that most nearly seems to fit your situation:
"The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader."
It may be left to interpretation as to whether this fits. The things the CSR said are natural interpretations of the situation, in the *absence* of the medical issue and the fact that a payment arrangement had been made.
How the medical situation fits in I am not sure. While creditors can set up payment arrangements, do they have to?
I guess I can see both sides of this issue. The bank expects to be paid. The real fault here lies in the payment arrangement not being recognized by Melanie. I don't think she should be fired, and I really don't think she violated 806b.
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