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Archive for April, 2009

US Jury Awards $500K against DCA

Wednesday, April 29th, 2009

A US jury have awarded over a whopping $500,000 in damages to a couple in California after finding international debt collection agency, Credigy Services Crop., engaged in harassing and abusive debt collection practices.

Tomio Narita of Simmonds and Narita, one of two law firms representing Credigy, said Tuesday it is premature to comment because U.S. District Judge James Ware has not entered the verdict, which is a procedural requirement.

Santa Cruz attorney Balam Letona was among the four lawyers representing Manuel and Luz Fausto, who live in Gonzales.

“The industry is very bold in the way they collect debt,” Letona said. “There are laws to protect people. The only way it can be enforced is if the consumer takes the case to court.”

In August 2006, Fausto received a letter from Credigy claiming he owed nearly $17,000 on a Wells Fargo credit card he opened in 1992.

Fausto contended he had settled the debt, initially $2,000, with the help of a debt negotiator in 1999.

He sought help at the Watsonville Law Center, which drafted a dispute letter asking for documentation to validate the claim. When he did not receive any documents, attorneys at the nonprofit law center drafted a cease-and-desist letter for him.

Credigy, based in Suwanee, Ga., pressed on to collect the money.

Letona said the company had collectors in Brazil make 90 phone calls over 15 months. He alleged the tactics used resulted in emotional distress, anxiety, depression and marital instability for the couple.

In November 2007, when Credigy claimed debt had grown to $22,500, Luz Fausto recorded a phone call from a Credigy debt collector saying the interest was nearly 24 percent, that Credigy was a “credit agency” and lack of payment would “always” be on their credit report.

Credigy counter-sued, alleging the recording was made without company permission, but the jury found the company did not suffer any damages.

The jury verdict, which was unanimous, awarded $50,000 each to Mr. and Mrs. Fausto for compensatory damages and $400,000 in punitive damages for reckless disregard of their rights.

“It takes a lot of guts to take a case to trial,” said Letona, who spent a year and a half on the case

Graduates Facing Emploment Credit Checks

Tuesday, April 28th, 2009

For those students looking for graduate jobs in the financial sector, it is now a regular occurrence for credit checks to be performed on the applicant!

These students now not only have to await the results of an interview, but also have to wait for the results of a credit check, with other industries likely to follow suit.

It seems logical, however, that if a student is applying for a job in the financial sector, that employers would look at credit ratings given that the two tend to go hand in hand.

What this does mean for students is that they need to ensure that their finances are well managed and that they do not fall behind in making payments as, ultimately, this could hurt their chances of employment.

Managing Director quits UK DCA

Monday, April 27th, 2009

The manager of a Liverpool debt collection agency has handed in his resignation after the company performed a dramatic u-turn over plans to create jobs in the city.

Chris Savage was, until very recently, regional managing director of Intrum Justitia, a Swedish firm who had it’s UK HQ based in Liverpool. Diverging views on the appropriate strategy for the UK and Ireland was cited as the reason for his departure.

It was earlier in April when Intrum UK issues a press release claiming it wanted to expand its UK business and create an additional 100 jobs in the city.  However, since then the Swedish parent company has stated that the press release was “unauthorised” and said it had no plans to increase its UK workforce.

Mr Savage said “I have decided that the best solution for me and my employer is that I immediately resign.”

Is Wikipedia Valid Court Evidence?

Friday, April 24th, 2009

Attorneys for Palisades Collection LLC, an Englewood Cliffs, New Jersey international debt collection agency certainly thought so.

The attorneys in question introduced claimed a Steven Graubard owed the collection agency $30,000 in credit card debt, and introduced a wiki page to the Superior Court in Hackensack to back up their claim. They produced the wiki page and used it to show that the debt collection agency held the debt and, as such, were able to sue Mr Graubard for payment.

The company, after a trial last year, prevailed.

However, upon appeal, a New Jersey court reversed the decision stating that a Wikipedia page does not meet the legal requirement as a “source whose accuracy cannot be legally questioned.”

“Anyone with an Internet connection can create a Wikipedia account and change any entry in Wikipedia,” said the court upon stating it’s opinion.

“It is entirely possible for a party in litigation to amend a Wikipedia article, print the article, and therefore offer it in court in support of any given position,” the Court wrote. “Such a malleable source of information is inherently unreliable.”

If Palisades Collections LLC choose to re-appeal awaits to be seen.

OFT Orders DCA to Improve Practices

Wednesday, April 22nd, 2009

After an investigation was completed, the Office of Fair Trading (OFT) have ordered debt collection agency Mackenzie Hall Ltd to improve it’s  business processes.

The investigation showed that Mackenzie Hall failed to meet a required level of standards in several of its processes and, as a result, have now been ordered to not pursue a debt where it has written confirmation that there is reasonable cause to believe a debt is in dispute, or if the debt is statute barred.

The in-depth investigation into the debt collection company’s practices revealed that while business processes where satisfactory, the significant amount of complaints received by OFT indicated these practices were not always followed.

Ray Watson, director of credit control at OFT, said “Persisting with debt collection activity when debts are in dispute can give rise to significant consumer detriment, particularly when vulnerable consumers are involved.”

“In this instance, Mackenzie Hall co-operated fully with OFT, and has taken steps to ensure that the business follows required practices for dealing with disputed and statute barred debts.”

Mackenzie Hall has been warned that repeat offences could lead to a fine of up-to £50,000 and their consumer credit licence being revoked.

1st Credit Dropped by Major Players

Tuesday, April 21st, 2009

HBOS and CITI Financial, part of Citigroup, have dropped 1st Credit, a debt collection agency who was recently reprimanded by the Office of Fair Trading (OFT) over the debt collection methods it was using.

OFT said that an investigation had revealed that 1st Credit had failed to meet “satisfactory standards” and was ordered to stop using threats of bankruptcy to recover money when there was never an intention to bring about bankruptcy proceedings. 1st Credit must now report to OFT every 6 months with details of the enforcement actions that it has taken against debtors, which could also mean a £50,000 and a revocation of it’s consumer credit licence.

A spokesman for 1st Credit, speaking to the Times said “We do not comment on what we do with any one business.  We have, since late 2008, made improvements in our training and processes in all areas highlighted, and suggested proposals in response to the OFT requirements, which were accepted by them. ”

Both relationships were severed after a strenuous period for 1st Credit in which it had come under fire from Citizens Advice, Consumer Credit Counselling Service and Consumer Direct for a large increase in complaints about it’s overly aggressive intimidation tactics in chasing debts.

These complaints were reviewed as part of an OFT investigation that led to an official sanction in February. The loss of two large and prestigious clients will be a blow to a company that has been thriving in a declining economy.

New DCA Cool Off Period

Tuesday, April 21st, 2009

In a move which could help thousands in the UK who are struggling with credit card debt, the Government and the Credit Services Association have a greed a 30 day cooling off period for those who are likely to receive a visit from a debt collector.

After advice has been sought, be it from the Citizens Advice Bureau, or an accredited commercial debt advisor,  customers will then be given a period of 30 days so that they can get their finances in order. At the end of the day, it is in the best interest of debt collection agencies, credit card companies, and the customer themselves to ensure the customer is given the opportunity to rearrange their finances and set up a regular repayment program that they can stick to.

The Credit Services Association represents over 300 debt collection agencies in the UK.

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