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Zwicker and Associates hararssing me to repay all my debt

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I was contacted by Zwicker and Associates to collect an american express debt. They want the entire balance now. They looked up my credit report and are hounding me to transfer the amount to other credit card company balances. What are my options to repay this debt? They said if they do not get the total amount within 7 days they will start process to put a lien on my house and take me to court to collect the money through the courts.




Hi Pedro

Welcome to the forums. Though the collection agencies are allowed to recover payments from the debtors for clearing the past debts, but they are lawfully restricted from using threatening or abrasive words on the consumers.

Before any legal action is taken, they will have to send you notice of it and the decisions will be made in the court. They can't scare you for recovering the debt otherwise it will be a violation of the fdcpa law and will have to face legal action.

Now talking about your debts, you need to have a complete knowledge of the said account which is in collection. Please inform them in a formal letter that you are willing to pay the said debt but before that, you want to know the complete details of the said account. debt validation is your legal weapon as per the FDCPA law you can exercise your consumer rights at the required time. In response to your debt validation letter, they are required to produce the following details of the said account:
  • The details of the account.

  • All the calculation should be shown of the amount that is owed.

  • Any copies of the papers to be furnished that shows the payment agreement.

  • Provide a verification or copy of any judgment if applicable

  • The original creditor needs to be identified.

  • The Statute of Limitation needs to be proven for the collection of the debt.

  • The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent

  • Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.

  • Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.

  • A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.


If they are genuine in holding your debt legally, then they won't hesitate in providing you the following particulars, otherwise it will be violation of the law and you can penalize them on charges of harassment over you.

After the debt has been validated, you can offer a payment plan which is suitable to your present needs. Make sure that you need to clear this account in collection as soon as possible because it will appear in your credit report as a negative mark and you will have difficulties in acquiring new credit in the future.

You can take professional help of the consultant in this company who will negotiate with your collectors for a reduced amount cutting off the financial charges and/or the late fees accrued in your total debt.

http://www.debtconsolidationcare.com/benefits.html

The debt collectors are a bit careful while working with the debt consolidators because they know that they cannot be oppressed unlike the innocent debtors. Moreover, the consultant will work for you keeping your interests protected and help you in achieving a debt free life fast.

Regards
Roxette

Sub: #1 posted on Tue, 07/12/2005 - 04:40

roxette roxette

(Posts: 4009 | Credits: 559.9)

Roxette,

I called Zwicker & Associates back today (I had told them I needed to look at my resources and see how I could repay the entire debt within the 7 days they told me I had to do it).

Anyway, during the conversation the person I spoke with kept telling me that they were looking at my credit report and that I had the ability to transfer the complete balance to another creditor. I asked them how they had access to my credit report and they said american express gave it to them.

The conversation did not go very well and the guy kept saying he was going to just put me directly into litigation and I would have to pay attorney fees and costs associated with that. He then threatened to get my husband on the line (the account is in my name and my husband is an authorized user). My husband does not know about this account. I held on the line for quite awhile and then hung up the phone. Can they tell my husband about the account? Isn't this a type of bullying on their part?

Thanks.

[quote=roxette]Hi Pedro

Welcome to the forums. Though the collection agencies are allowed to recover payments from the debtors for clearing the past debts, but they are lawfully restricted from using threatening or abrasive words on the consumers.

Before any legal action is taken, they will have to send you notice of it and the decisions will be made in the court. They can't scare you for recovering the debt otherwise it will be a violation of the fdcpa law and will have to face legal action.

Now talking about your debts, you need to have a complete knowledge of the said account which is in collection. Please inform them in a formal letter that you are willing to pay the said debt but before that, you want to know the complete details of the said account. debt validation is your legal weapon as per the FDCPA law you can exercise your consumer rights at the required time. In response to your debt validation letter, they are required to produce the following details of the said account:
  • The details of the account.

  • All the calculation should be shown of the amount that is owed.

  • Any copies of the papers to be furnished that shows the payment agreement.

  • Provide a verification or copy of any judgment if applicable

  • The original creditor needs to be identified.

  • The Statute of Limitation needs to be proven for the collection of the debt.

  • The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent

  • Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.

  • Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.

  • A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.


If they are genuine in holding your debt legally, then they won't hesitate in providing you the following particulars, otherwise it will be violation of the law and you can penalize them on charges of harassment over you.

After the debt has been validated, you can offer a payment plan which is suitable to your present needs. Make sure that you need to clear this account in collection as soon as possible because it will appear in your credit report as a negative mark and you will have difficulties in acquiring new credit in the future.

You can take professional help of the consultant in this company who will negotiate with your collectors for a reduced amount cutting off the financial charges and/or the late fees accrued in your total debt.

http://www.debtconsolidationcare.com/benefits.html

The debt collectors are a bit careful while working with the debt consolidators because they know that they cannot be oppressed unlike the innocent debtors. Moreover, the consultant will work for you keeping your interests protected and help you in achieving a debt free life fast.

Regards
Roxette[/quote]

Sub: #2 posted on Tue, 07/12/2005 - 20:45

Unregistered


Hi Pedro

Welcome to the forums. Please do not get tensed as they are trying to threaten you the most for recovering the debt from you. Be assured that they won't take any legal action as they are not able to furnish the complete details of your account to you.

You can also take the legal help of your attorney as they are experienced to deal with such kind of situations.

Please don't get bullied by their actions as they earn their money when they can build in the fear in the minds of the consumers. Your rights are protected as per the fdcpa law and you will be eligible for compensation for any illegal act by the debt collectors.

Regards
Roxette

Sub: #3 posted on Tue, 07/12/2005 - 22:59

roxette roxette

(Posts: 4009 | Credits: 559.9)

As you suggested in your first reply, I asked them to give me a copy of the original agreement between american express and myself and they said that american express does not have it anymore to go to a bank and get a copy of any bank card agreement and review it. Then, I asked for documentation showing that they were hired by american express to collect my debt and he accused me of not cooperating and said he would persue litigation immediately and then hung up.

In the meantime, I have found a source for repayment and am sending it directly to american express and not to the company who contacted me on their behalf.

thanks for the advise and support.

Pedro

[quote=roxette]Hi Pedro

Welcome to the forums. Please do not get tensed as they are trying to threaten you the most for recovering the debt from you. Be assured that they won't take any legal action as they are not able to furnish the complete details of your account to you.

You can also take the legal help of your attorney as they are experienced to deal with such kind of situations.

Please don't get bullied by their actions as they earn their money when they can build in the fear in the minds of the consumers. Your rights are protected as per the fdcpa law and you will be eligible for compensation for any illegal act by the debt collectors.

Regards
Roxette[/quote]

Sub: #4 posted on Wed, 07/13/2005 - 06:41

Unregistered


Pedro

Welcome back. I appreciate that you followed the move suggested and you must have noticed that the collector did not expect you to get so much well informed about your rights in just a short time.

Now, you can feel safe that they won't intimidate you as they have realized that they are dealing with an educated consumer aware of his legal rights.

I am happy that you have found a source of repayment and clear off your past debt. Before you start paying, make sure that your account is still active with them. If Amex has sold the debt to any collection agency, then you might have to deal with the third party only.

Do let me know if you face any problem.

Regards
Roxette

Sub: #5 posted on Thu, 07/14/2005 - 00:56

roxette roxette

(Posts: 4009 | Credits: 559.9)

Roxette,

My rude caller from Zwicker just phoned again and he had access to this forum and read all of my posts. He said "Oh, I just love how they gave you the same answer four times over and over.". Obviously, he is not educated enough to see that I hit quote and reply therefore, yes, the response from you is repeated again. You did not actually give me the same answer four times. He also called me a liar. He kept harrassing me about this forum after I let him know I did not wish to discuss it with him and that I felt he was harrassing me. He told me that he can't wait for me to file a complaint against him. He also could not believe I would go to a forum for advise. His comments to me insulted me and I do feel he is violating my rights and he is harrassing me.

Since he is reading this I would like to make this response to him and Zwicker direcetly. Here goes -
Last week we mailed Am Ex a check for $16,000. The remainding balance of 1,000 plus will be paid directly to american express soon. As you have documented, my husband already spoke with an employee at your office and told her that as soon as we get a new statement from am ex, we will pay the remainder. There was no need for you to call me since this arrangment was already addressed with your company last week. I want your harrassing phone calls to me to stop immediately. There is no need for you to insult my personal charachter on the phone. This is a violation of my rights and yes, I do have an attorney and I will file a suit against you if you do not stop.

Have a good day and again, the balance will be paid as soon as a billing statement is received during the next billing cycle from am ex. do not keep calling me and harrassing me as you know the arrangments have been made and will be followed through.


[quote=roxette]Pedro

Welcome back. I appreciate that you followed the move suggested and you must have noticed that the collector did not expect you to get so much well informed about your rights in just a short time.

Now, you can feel safe that they won't intimidate you as they have realized that they are dealing with an educated consumer aware of his legal rights.

I am happy that you have found a source of repayment and clear off your past debt. Before you start paying, make sure that your account is still active with them. If Amex has sold the debt to any collection agency, then you might have to deal with the third party only.

Do let me know if you face any problem.

Regards
Roxette[/quote]

Sub: #6 posted on Thu, 07/28/2005 - 02:00

Unregistered


WOW!!!! i cannot believe they are reading this, Well i hope they are so they can read what others are saying about them. Sounds alot like Ellis Crosby and Associates. Where is this place located at anyway?
Dont tell me jacksonville

Sub: #7 posted on Thu, 07/28/2005 - 03:23

Unregistered


Katie, I do not mind that they are reading this. That does not bother me in the least. What does bother me is that I only fell behind because I was unable to work. It is not that I was ignoring the debt. I do however, expect to be treated like a human being and NOT called and harrassed, belittled and ridiculed because I posted my problem on an open forumn. I do not believe that is good business practise for them. I have no clue where they are located because they have yet to this date sent me anything in writing...only harrassing phone calls. I had already made arrangements to pay the final amount. The only purpose of the phone call today was to let me know that he read my posts on this forum. He has full access to my file and therefore knew that we had already made arrangements to make th e final payment.

I don't care that he read the posts. I even gave my real name and not a fake one. I have nothing to hide. I told the truth about everything he said and even held some back which I am sharing with my attorney. He has violated my rights and should be repremanded for doing so.




[quote=Katie]WOW!!!! i cannot believe they are reading this, Well i hope they are so they can read what others are saying about them. Sounds alot like Ellis Crosby and Associates. Where is this place located at anyway?
Dont tell me jacksonville[/quote]

Sub: #8 posted on Thu, 07/28/2005 - 04:15

Unregistered


Pedro,
Roxanne is giving you some BAD advise. They are a LAW FRIM and will SUE you. Just pay it off it's already on your credit report.

Sub: #9 posted on Mon, 12/03/2007 - 01:15

Unregistered


Zwicker & Associates are in Andover, MA. I've got a friend who has had an account with them and one guy got pretty mean with her. Then she had a nice lady who really understood her situation. Her debt was with Discover. They do have a web site and seem to be on the up & up. They are like praying dogs on someone to die. They want your blood also. How in the devil did the guy from Zwicker know about the forum and did you tell him you posted on here. I think that is odd. It's like they have nothing to do but look at the forum for this one certain topic. Let us know how it goes. All lawyers and credit card companies are bad to the bone. Good advice: STAY AWAY FROM CREDIT CARDS ALL TOGETHER!!!

Sub: #10 posted on Thu, 12/06/2007 - 00:26

Unregistered


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