Tuesday, January 5, 2010

Should You Pay Off Those Collection Accounts?

So you've decided that this is the year to work on rebuilding your credit. You get a copy of your credit report and there are some collections on it. Or maybe you keep getting calls or letters from collectors - or both, and think that you should finally try to take care of some of them.

Stop! If you're thinking about paying them off, wait just a minute here! If you think it's going to improve your credit, think again. Always remember this. Once a negative, always a negative, when it comes to your credit report. Just because it's paid, does not mean they are going to move it into the positive accounts section. It's still a collection account, which is negative, it is just paid.

So, here are the facts for you to ponder. A collector bought your account. Basically, he paid off your debt for you, voluntarily I may add. If you asked a friend to make a payment on an account for you, does that make him or her a party to the original contract? No! They are voluntarily making a payment for you. You might make a little contract between you and your friend to pay back the money they used to make the payment, but, they are not part of the contract between you and the original creditor. That's a different agreement between the two of you.

It is the same with the collector. You did not enter into a contract with them to pay for this account, they did it on their own and now are trying to make you think that you have some obligation to them. You don't! Unless you signed another contract with them agreeing to pay them, they just took a chance, they gambled that they could coerce you into making them richer.

The best thing to do before giving any collector money, wait let me rephrase that. The best thing to do INSTEAD of giving any collector money, is to demand validation. The law says they have to prove you owe them money. You don't and they can't - prove it, that is. Dispute the debt with the collector. Do not accept a printout of a bill or charges as being validation. That is not validation, it is a bill. It is collection activity AFTER validation of the debt is requested. It is a violation of law.

The law says that when you dispute a debt with a collector, they must cease all collection activity until the debt is validated. Just about anything they do that does not validate is actually considered collection activity and is a violation of law. Keep track of every thing they do. Every letter, every phone call, every update made on your credit report. Every violation they make is worth money to you. Most violations are worth $1000 payable to you. That's a thousand bucks. They start adding up fast, to where they might actually owe you more than any credit line that was originally issued to you!

So here is what you do. Send them a letter, certified, return receipt. (CMRR). You will get a green card back in the mail as your receipt that they received it. The letter should tell them you are not avoiding paying, but you are not going to pay for something that you do not owe, and not to someone you don't owe it to. You are going to request from them several things that are very important.

First, request a copy of the original, wet ink signed, authentic, contract. Now, request that they supply you with the actual accounting of the debt. I mean, where did the money come from that created the credit issued to you? Where did the bank get the money they supposedly loaned to you, or the credit that they issued to you?

You see, the law says that banks cannot lend their own money. It also says they cannot lend their own credit. It also says they must have reserves that are a fraction of what they lend. Those are their member's deposits that are the reserves. So, they are not lending the member's reserves, not their own money, not their own credit. So, where did they get the money to lend you?

They created it out of thin air, basically. Actually, they monetized your signature on the contract and created a ledger for the account. Then they put an amount on the ledger of the value of your signature that they "approved". So, really, you supplied the "money" or "credit" with your signature. Then, they put another entry on the books. This one says that they gave that money to you and now you have to start paying it back. But, why would you pay them back money when they didn't give you the money? Your signature supplied the funds for the money or credit that you received.

Sounds confusing doesn't it? It's supposed to. They don't want you to know or understand it.

Here's another thing about credit. The contract you signed is void because in order for a contract to be legal and binding, all parties have to be at risk. But, who is actually at risk? Only you! It is a unilaterally risked contract and void. Since they really didn't put any money into it, they didn't risk anything. They assign an interest rate for the money that you loaned yourself. That is their profit. But actually, the whole amount and the interest is profit for them. Again, this is because they did not come out of pocket to issue the loan or credit. Your signature did!

Now here's a little more. When you default on this contract, they charge you more and more and more. Then the law says that after 6 months, they must charge off the account. So they do. That puts your balance at $0. All "monies" in the bank are insured. So now we're going to see them commit insurance fraud. They get paid off from the insurance the amount insured. They take a credit to their taxes for a loss - which I must remind you is not an actual loss, but a loss on what they wanted to fraudulently make. Then, here it comes.... they sell the account to a third party collector! Bang! They just made more money on an account they got a tax credit for, for an account they were paid in full by the insurance company, and now the collection company.

Daaanng! Not too bad of a trick for that original creditor, now was it? So, don't feel sorry for them that you can't "pay back" for this credit or money you were "given". The original creditor is out the cost of "managing the books", and from projected future earnings. The collector will be out the money they gambled on forcing you to pay back something you don't really owe, and the insurance company will write off the amount on their taxes.

What did it cost you? Well, hard earned money that you paid them, negative marks on your credit report, stress from worrying how you are going to pay and the harassment you have received from the pain in the butt phone calls and letters they sent you.

Dispute, dispute, dispute. And while you're at it, let them know that you know they didn't front the money, so they can just pay back all the money you sent them in error while not realizing that your signature funded the deal! Don't forget to dispute with the credit bureaus after getting the green card back for the letter you sent to the collector. That will help remove it from your credit report.

Are you feeling better about not paying them now? I hope so. Better to just dispute and get it off your credit and out of your life. Get a great credit report again, get some more credit cards, use them, take cash advances, and wash, rinse repeat! Your signature created the credit, it's your money, enjoy! You're not the one committing the fraud and creating faulty contracts that are void and unenforceable, they are. Who cares what your intention is with your new found knowledge? Play the game, but play it to your advantage!

1 comment:

  1. I love your blog. Thank you for all of this information.


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