[Linx04]

Attached to this post is an offer from the Sagres Company to a member of the Consumer Justice Network. It is of my opinion that this letter is clearly a violation of the FDCPA. This letter offers a HUGE settlement, and moreover offers to DELETE the entry off the credit report of the consumer. If you happen to be one of the consumers the Sagres Company is collecting from, you should ask yourself, "Did they offer me that same deal?" If not I sure would be letting them know that they SHOULD be offering the same deal as they have offered here.

Consumers, members of the CJ network and guests please send us your letters so we can EXPOSE the debt collectors and spread the word!!!

Anyone, including guests can download the attachment. However if you wish to post a reply, you must be a member and signed in.

Thanks!!

 ltr.1.pdf (283.94K)
Number of downloads: 841

[gwr1023]

I received the same letter on a Wells Fargo private (was not federally backed) student loan that was charged off by Wells Fargo in 1999! After checking my credit report, I found that Sagres has added a collection account on my Transunion report dated 11/13/10 (it hasn't shown up on my Experian or Equifax reports). Is this an attempt to re-age a debt? Isn't this a time-barred debt? The statute of limitations in Georgia is 6 years and was dropped off my report in 2006. I also received a phone call at work by one of their representatives - I asked her not to contact me again and have followed up with a cease communication letter.

[Gordon121]

Linx04, on 09 February 2011 - 03:16 PM, said:

Attached to this post is an offer from the Sagres Company to a member of the Consumer Justice Network. It is of my opinion that this letter is clearly a violation of the FDCPA. This letter offers a HUGE settlement, and moreover offers to DELETE the entry off the credit report of the consumer. If you happen to be one of the consumers the Sagres Company is collecting from, you should ask yourself, "Did they offer me that same deal?" If not I sure would be letting them know that they SHOULD be offering the same deal as they have offered here.

Consumers, members of the CJ network and guests please send us your letters so we can EXPOSE the debt collectors and spread the word!!!

Anyone, including guests can download the attachment. However if you wish to post a reply, you must be a member and signed in.

Thanks!!

ltr.1.pdf

Why would this letter be a violation on the FDCPA? Please elaborate.
Further more, as far as I know deletion off a credit report goes against the term of service between Sagres and the CRAs, and has nothing to do with the consumer.

[Neal & Associates]

I send out collection letters all the time and there's atleast 1 violation if not more. The first one is that the collection agency can't say it will be deleted, rather settled in full. It will eventually drop off the credit bureaus, but it stays on there even after paid, just updated with the settlement status. The agency can't "delete" it. The other thing is an FCRA violation providing the debt is not in stats. You have to check your state's stats on written contracts and provided you haven't paid anything on it since it went into collections or signed a payment agreement letter, it can't be reported.

If it were me (and I run a law abiding agency), report them to the A/G's office and speak to the floor manager at the collections office and ask them to wipe out your debt (professionally) and provide a letter for the violation. If not, pursue it.

[Linx04]

Neal & Associates, on 16 May 2012 - 05:03 PM, said:

I send out collection letters all the time and there's atleast 1 violation if not more. The first one is that the collection agency can't say it will be deleted, rather settled in full. It will eventually drop off the credit bureaus, but it stays on there even after paid, just updated with the settlement status. The agency can't "delete" it. The other thing is an FCRA violation providing the debt is not in stats. You have to check your state's stats on written contracts and provided you haven't paid anything on it since it went into collections or signed a payment agreement letter, it can't be reported.

If it were me (and I run a law abiding agency), report them to the A/G's office and speak to the floor manager at the collections office and ask them to wipe out your debt (professionally) and provide a letter for the violation. If not, pursue it.

A collection agency can say it will be deleted. That is part of a settlement, and there is no violation in such an act. And when you mean stats, I assume you mean Statute of Limitations? If that is the case is really doesnt matter what the SOL in regards to the debt. Because the FCRA allows a 7 yr reporting period!

[Neal & Associates]

Yes, "stats" when talking about dates is common lingo in the industry.

Your words: "It is of my opinion that this letter is clearly a violation of the FDCPA. This letter offers a HUGE settlement, and moreover offers to DELETE the entry off the credit report of the consumer."

You never put the date on the letter, so if this was say... a 1998 debt and Sagras put it on your credit report, than that would be a violation. And as for the FCRA, like with the FDCPA, courts have continually ruled that state laws overrule federal laws when the state law is more severe. And with you last statement... once again, you didn't say with the debts original date was.

Question - do you run Budd Hibbs - against all us "evil and rotten" collectors? Also, was there a reason the "alleged" debt wasn't paid for so long? But I guess that's immaterial to this matter.

[cargoman]

I have a question for you. Why is there a glut of collection agencies with the "& Associates" tag? I'm being honest here and not trying to be snippy. My theory is that it implies that the collector is some sort of law firm. Some could be but my guess is that most do not even have a para legal on site. Honestly....it's an industry technique to lend a sense of seriousness to the collection effort isn't it? I'm just asking because it didn't work for Griggs and Associates and its owner out of Georgia. They stated in recordings that they were a law firm and when I finally took them to court the owner represented herself and her company pro se. Had they been a law firm they might have represented themselves better and I might not have been awarded a $28,000 judgment against them. Anyhow...I'm just asking.