Perverted Credit

We all have our different opinions about our creditors and that is certainly our right; whether or not creditors behave legally or illegally. But creditors certainly do not have the right to break the laws, but they do this anyways. Right now there is no law stating creditors can or cannot judge based on our spending habits. Truly this act is wrong for more than wrong reason.

It is our right to seek counseling (without being judged). It is also our right to stop using any account (credit card) that seeks to break the laws or violate our privacy. Now obviously creditors already know what we purchase and even in a sense how we live. It shows on the monthly bills we get every single month. But to know that we are being judged in such a way that determines what our monthly payment will be is almost – incongruous. For those of us that are not doormats and are not willing to sit back and allow creditors to walk all over us… stop using them. Pay these creditors off as fast as you possibly can then cut the cards up. If you continue to use them even though you know they are abysmal then you have only you to blame. We stopped using our credit cards several years ago and although it took some adjusting we get by just fine. As a matter of fact we are in a better position because sooner or later you are not only have your credit card payment but you also have the same necessities such as food and gas.

It is understandable why any consumer is upset with credit card companies violating consumer’s privacy rights. Although there is more media attention now due to the Wall Street crash in late 2008, the credit card companies for many years prior have been violating consumer’s rights. For the people that have blogged stating essentially that if you do not have the money then do not buy it I truly could not agree more. However this is no excuse for any one company to overstep the laws and violate people’s rights. Credit card companies as well as other banks and creditors need to be changed. Sometimes however desperate times call for desperate measures. What if even just a large amount of consumers stopped using credit cards? Even though this would temporarily affect Wall Street it would “make” all creditors wake up.  We need to let credit card companies know that we will not take the abuse from them anymore.

I am currently starting a movement for “credit reform” and I need all the help I can get. I am a consumer advocate that is against creditors “violating” consumer’s rights. I have fought creditors and certain state government agencies for not upholding the law but one person at a time can only do so much.

We can complain all day long but at the end complaining does no good. What change can be made from not having a solution? Now is the time that we “do” something. Now is “our” time. It is no longer the creditor’s time. Understandably to some degree credit is a necessary evil but this by no means that we should all sit back to have these creditors walk all over us. We are people, not doormats.  The financial problems today will only bring about more creditors choosing to break the laws. We will see more and more collection agencies start to emerge and unless we choose to do something about it there will only be more problems with our personal finances.

Last year’s bank fallout brought about many awful things; unemployment at an all time high contributing to homelessness, stock market near crashing, company closures and of course we cannot forget the awesome (being facetious of course) wall-street bailout. But as we all know certain things shall we say roll downhill. For example well fargo’s buyout of Wachovia. We had personally banked at Wachovia for quite some time and never had any issues. However for the last few months we have started seeing the wells fargo ways coming through. Ways such as wrong bank fees and charges, holding direct deposits making checks not clear and charging check fees. At first when I called our bank branch themselves they saw the problem and would put all the fees the new wells fargo took out of our account back into our account.

Now however things are different. We received an email stating the full merger will be complete between wells fargo and Wachovia November 9^th of 2009. This email gave me a chill down my spine as though a poltergeist had gone through my body. For the prior seven or so years I have turned about three to four hundred people away from wells fargo because of what they do to consumers.. to their own customers. I have fought wells fargo so many times myself for others that I would never be able to account how much money was taken from people and fed to the wells fargo CEO. You know – the ones that took their customers foreclosed homes and went and to go live in these houses.

We had personally disputed an account and after faxing the required documentation several time AND the branch faxing the documentation ANOTHER three times we still have yet to get any resolved. One day we called the 800 dispute number and they say they received the paperwork and are reviewing it… but the next time you call; three or four days later they state they never received it. This has now happened for the prior thirty plus days. Now when you call the branch you get a new person who is very proud to announce that he actually came from wells fargo and refuses to help. He is a rude and arrogant wells fargo representative.

Needless to say; we are moving banks… I swore that we would never bank at wells fargo. Yesterday as I was leaving the new wells fargo I walked across the street to bank of the west and opened all our accounts there. As I walked in their frustrated I was told that we were not the only ones that has taken this step. Many many others have done the same. This tells me that I am not personally crazy. Well fargo is awful and never in a million years.. if they were the last bank on earth that offered a billion percent interest would we bank with well fargo. My suggestion to every last person that has a bank account – do the same. Never bank with wells fargo.

I saw a blog on the website www.creditandcollectionnews.com and would normally think I cannot believe what I am reading. But considering I know the collection agency business I can believe what I read. I read an article that nationwide credit posted and although quite disturbing because of there lies I am by no means surprized. Here is what Joel wrote in response to an article:

Dear Forbes and Mr. Hawkins, I am a very busy person and have never responded to a published article, but I feel compelled to comment on “How To Outsmart Your Debt Collector.” The attitude of, “What can I get away with, or out of because of a meaningless technicality?” is exactly what our society does not need. As the owner of an 18-year-old collection agency, we are swamped with hyper-technical lawsuits from “ambulance chasing” attorneys and debtors who are searching for a way to get out of paying a legitimately owed debt. The number of these suits has increased dramatically over the past few years, and the merit of these suits are typically laughable with absolutely no damage suffered by the debtor. The primary reason for this is that attorneys have become aware of the fact that a third-party debt collector cannot win when sued. It is simply a matter of how bad you are going to lose. Even if you win in court, you have lost big-time in that it will likely cost you tens of thousands of dollars to prove your case. Let’s see, settle for $4,000 even though you did nothing wrong and the charges against you were completely unreasonable or fabricated, or roll the dice to prove your innocence and spend $30,000 in the process. That is, $30,000 if you win, and by the way, you will have no meaningful chance of recovering any of your costs. The Fair Debt Collection Practices Act (FDCPA) is over 30 years old and largely regulates communication pertaining to debt collecting. Keep in mind, when FDCPA was crafted over 30 years ago, answering machines were not even used, let alone faxing, e-mailing, texting, etc. … The FDCPA is in desperate need of being updated, and many attorneys take advantage of this fact. It is filled with vague language and gray areas that are ripe for misinterpretation, which is just wonderful for low-level plaintiff’s attorneys who are looking to make a quick buck at the expense of those performing an honest and needed service. Most third-party collectors go to great lengths and expense in an effort to comply with the FDCPA. Third-party collectors, at least the vast, vast majority of us, are simply attempting to get someone, the debtor, to make good on his/her legitimate obligation. What’s not good and noble about that? It seems that your article actually encourages bad behavior and “making out” on a trivial technicality. Just because you can get away with something does not make it right. And I doubt you would be so keen on technicalities if someone in your family was the victim of a violent crime and it was found that an arresting officer of the accused perpetrator mishandled two trivial words in reading Miranda rights to the accused. Maybe that headline could read, “How to Outsmart Your Arresting Officer After Committing a Violent Crime.” I give you the benefit of the doubt in that most people do not see things from our perspective; however, your article is disturbing, and it is never “smart” to devoid yourself of your rightful responsibilities. It is simply immoral! Thank you, Joel Lackey
President www.nationalcreditsystems.com

Needless to say I had to respond and here is what I responded with:

Joel,
I also feel very compelled to respond to your blog because you could not be further from the truth. However I am not surprized by your comments as I am very much aware of the training you give your collectors of how to violate consumers rights. I know this because I also used to work for your company. I am the one person that was a collector turned consumer advocate because I know that your tactics are wrong and illegal.

You know very well that your agency does in fact fabricate debt. You also know that your company is infamous for holding “paid” debt” for a few years then contacting the debtor again to get them to repay the same debt. If the awful collection industry was regulated and the attorney generals actually did their job there would be fewer collection agencies arising nationwide.

I do agree however that the FDCPA needs to be written for today’s standards. But prior to this doing any good we have to make the governing agencies do their job. I am in no way saying that people should get out of paying their debt for the most part but I am saying that their needs to be some “ethics” put into this rapacious industry. Debt collectors have rules they are to follow but they in no way do not.

I would like to give you the benefit of the doubt Joel but I cannot. I know what you and your comapny is about and how you work. I know first hand how you knowingly violate consumers rights and collect debt that is in no way legit. What you do and how you train your employees is the immoral part. So if you feel compelled to start making changes then please start by changing the way you run your business!!

Thank you,
Joey www.pervertedcredit.com

Amazing how these rapacious collection think. Let’s break the law and violate consumers rights then blame it on the consumers themselves

My name is Joey and I am a credit specialist. I have been in the credit industry for fifteen plus years. I was a first and third party debt collector turned consumer advocate. I am currently applying for law school because of this rapacious industry, finishing a book on consumer rights and have fought and fighting the Colorado attorney general for not (I will repeat NOT) doing their job.

After seeing the story this morning I have to let as many people know what the truth is. Yes – every single consumer has rights under misc. credit laws. This one particular is the Fair Debt Collection Practices Act. However the FTC does not regulate collection agencies and this is where this industry has gone wrong. Each state has an attorney general with a uniform credit code department. This is who is supposed to regulate collection agencies but they do not. I have personally gone rounds with the Colorado attorney general to do their job but they refuse. They claim because they do not have the money but this could not be further from the truth.

I have spent the prior seven years doing what I can so these collector violations stop. I would also love to meet the attorney representing this case as many attorneys turn away from cases as this – so the absolute best of luck to you. This is an absolutely awful industry with no regulation whatsoever. I have personally been threatened even by laura udis and paul chessin from the attorney general to stop helping consumers. The sad part of this is they stopped me because collection agencies were complaining about me. I was making too much of a disturbance for both collection agencies and the Colorado attorney general.

Here is what every consumer should know for starters…   when a collection agency violates your rights you CAN and SHOULD sue them. The Fair Debt Collection Practices Act states clearly that the collection agencies should be charged one thousand dollars per violation. In other words -if you get five calls in one single day (as we know this is common for collectors to do) that is a five thousand dollar fine you can get them to pay. You can also use that against them; call them on it if you will, and have them put that fine against the debt you owe. This is what I did when I was a consumer advocate which is why they (collection agencies) started complaining about me being a nauseous. The collection agencies were losing money. Not because of me but rather because of their violations. But since collection agencies are so tight with most states attorney general (such as the Colorado attorney general) the attorney general came after me. However; I have not given up for consumers and I will not. I know what the collection industry is about and how they work. I know that no one ever wants to go after collection agencies because of the threats that come in – believe me, I live it daily. I hope this case brings precedence to new laws that need to be made. These are not the only consumers that live it daily.

Today is the day that our economy is bad. And because of this we will see more collection agencies arise as this is the most unregulated money maker in our country. I will do whatever I can in my power to make changes and fight the states but I need your help. If you are interested in lending your voice please post to this thread.

I feel the need to recap who I am and why I feel passionate about consumers being violated in the credit industry. It is necessary because depending on who you ask about me I am either good or bad. And this strikes me as funny because there is absolutely no “in the middle” of what people think of me.

            If you ask a consumer who was once my client the majority of them will tell you that they trust me and knew that I was on their side. The reason I say “majority” instead of “al” the clients is because of course the Colorado attorney general told me not to complete the work on the rest of my client’s files; even the ones that paid for the services. I tried getting the Colorado attorney general to allow me to at least complete the files but they absolutely refused to let me. I cannot imagine that these particular clients would think I was on their side; even though I not only was but still am.

            However if you ask any credit company ranging from Citibank, Bank of America, collection agencies or any of the three credit reporting companies they will absolutely say how badly they hate me and give a story; like the Colorado attorney general ken Salazar, laura udis and paul chessin did to make me look as though I was a criminal. But there was one thing the Colorado attorney general either forgot about or did not think I would piece together and that is the DORA report. The DORA report is like a bogus agency that reviews certain government agencies to see of they are doing their job. DORA stands for the Department of Regulatory Agency. The report dated October 15, 2007 states that during the year 2000 to 2001 the Colorado attorney general failed to investigate many of the complaints that were filed because of a “personnel” problem. That personal problem is easy to assume was me. I filed complaints to the Colorado attorney general’s office every time I saw a violation by a collection agency to that client. I must have sent on average of one hundred complaints per month. Only to have laura udis and paul chessin tell me they were not going to investigate. Nothing better than having the Colorado attorney general tell consumers where to go when the agencies they are to regulate break the laws to consumers.

            Nonetheless; the whole lawsuit took a toll on me hard and although I knew I did nothing wrong it was hard for me to accept. I later found the judge that granted the lawsuit in um; shall we say in bed with cheesin and udis. I never had my chance to be heard but that is ok. Just when the Colorado attorney general thought they would be getting rid of a thorn in their side I AM BACK. I am stronger and smarter and I will fight for consumers rights. Today’s credit industry is absolutely awful and I cannot sit back and continue watching consumers be told to bend over. Ken Salazar – you never should have made senate. You are truly one awful politician who runs an illegal office. People will learn about you because I will tell them. Colorado will in fact find out about your ties with the collection agency industry and you will have a lot to answer. The truth always comes out in the end.

Health care is the big topic of today as it very well should be. No one can deny that health care is another industry that is ran by awful, corrupt corporations. Insurance companies have never had any type of regulation to stop illegal acts to consumers so the time has come for change.

The insurance industry however is not much different than the credit industry. For many years creditors have been able to violate consumer’s rights and the one government agency (state attorney general’s office) that is supposed to regulate these companies instead support their dishonest acts. Anyone who has filed a complaint to the Colorado attorney general when a collection agency has violated their rights knows that nothing is done to protect consumer’s rights. It is becoming common knowledge that the collection industry is a dirty business and the government that regulates them is just as dirty.

I see how hard Obama has to work for what seems to just make sense. I know that doing anything in our rapacious credit industry will be just as hard but I know that with people coming together to fight this can and will make the change “for us” happen.  I am willing to lead and do whatever it takes and I feel so passionate about this that even if I have to I will do it alone.

Over ninety five percent of consumers in our country either have or are going through some type of credit issues that to anyone is… in a sense; embarrassing. But the reality of it is there is nothing to be ashamed of. Having a collection agency contacting you or a derogatory mark on your credit report most certainly does not make you a murderer or a pedophile. Credit issues are more common than people think. As a matter of fact most people with any type of derogatory marks on their credit report will be dishonest and say they have impeccable credit. Because of the negative stigma surrounding credit consumers are more apt to be untruthful regarding their negative credit than people who lie, cheat, steal and even kill. But these are unnecessary feelings since the majority of our country has had to deal with some type of credit issue not to mention the fact that over half of the derogatory credit accounts are by fraudulent creditors – not the consumers themselves. Credit hits home to many people on a personal and private level for many different reasons. Some people have had to deal with false accounts or accounts from identity theft reporting inaccurately on their credit report and have learned the majority of the time the credit reporting agencies do not do their job. Therefore reflecting in a higher monthly payment on loans or having to come up with more money down; while other consumers have had creditors or collectors harassing them at work or even at home. There is maybe five percent of our country who has not ever had to deal with some type of creditor or reporting agency issue.

9-news reporter Jace Larson did a coverage on people who had purchased their home, lost it in foreclosure and then sold literally everything that was in that house from toilets to doors. My concern on stories like this is that 9-news did not do a full investigation to find out the whole truth. And in turn got this family kicked out sooner because the lender got a restraining order against them to stay away from the house. The questions come to mind – how long were the people in the house and how many payments were made? What did the lender do (if anything) to try and help them? Why would 9-news report a half-ass story? Could there be lenders (banks) that sponsor 9-news?

Obama went to speak with credit card CEO’s and this is truly sickening. AWESOME for Obama and I commend him for taking action on this – but these banks are outright lying %$@#$#@ who have the balls to go on the air and dare to say that people who do not pay their bills on time are the ones affecting the consumers who do. The fact of the matter is even the people who do pay their credit cards on time are being screwed by the credit card companies. Wachovia reported a rather large gain in profits this week and do we want to even know how they managed that? Could it be by charging illegal fines and fees to consumers who should not have had to pay this anyways? Obama wants the FTC (Federal Trade Commission) to regulate credit card companies but this will not do a bit of good. The FTC regulates the three major credit reporting agencies Trans Union, Equifax and Experian. Need I say more of how this will not bring about any more regulation then there already is?

Consumers truly are not stupid by any means – but they are misinformed and uneducated. You need to know the truth and listening to the credit card companies or banks will not get you the truth. I am going to start making posts letting all consumers know what the truth is and you can take it or leave it.

Every piece of media out there needs to just STOP. You do not have a clue as to what you are saying and you are leading people COMPLETELY in the wrong direction.

9News – Stop advocating consumer credit counseling. CCCS does not know anything about consumer rights. The night of February 24 you broadcasted “watch 9news in the morning and learn about your rights” with your credit. That made me happy. I thought – FINALLY they are going to tell people about their rights in the credit industry. However when I saw the next morning that you were advertising consumer credit counseling I thought I was going to die. Consumer Credit counseling is a joke and knows absolutely nothing about consumer rights. The only thing they care about is hurting consumers for a profit and lying to consumers for a profit. Please get your facts straight before broadcasting that you know how to “help” consumers. I have been in the credit industry for over 15 years. Throughout the years I contacted Consumer credit counseling and believe me – they do not know the difference between the Fair debt collection practices act – the fair credit reporting act – the billing act. As a matter of fact – they do not even know what these laws are. Within THESE laws are the rights that consumers have – the consumers “Bible” if you will. If you- 9news truly care about consumers; get someone who really cares about them – NOT CCCS.

Gerri from CNN – you have some of what you say right. However; what you need to realize is although the attorney general is “supposed” to govern collection agencies – most of them do not. I have fought the Colorado attorney general for not doing their job. As a matter of fact – the Colorado attorney general receives payoffs from collection agencies to NOT do their job and protect consumers. Third party agencies are a nasty business and something I am STILL working on to this day to get changed. I am a thorn in klaura udis’ and paul chessin’s side and will NOT stop until something has in fact been done for consumers. The right way; for them… not me, not cccs, not the dirty Colorado attorney general – FOR CONSUMERS.