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NEVER PAY COLLECTIONS! Why you should never pay Debt Collectors! - YouTube
Channel: CreditCEO
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What we're going to talk about today
is why we tell people, never pay a debt
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collector and what specifically that
means. In a conversation when I
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talk to someone, typically they say, "oh I'm
about to pay off all my debt collections," and they
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think that their credit is going to be
raised by paying off debt collection
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accounts. Well for one, paying off a debt
collection does not remove it from your
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credit report! So, they have to
make sure that the debt collectors are
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following specific rules and when I say
don't pay a debt collector, it does not
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mean that you never have to pay it and
it does not mean that you would ever
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stop paying other bills like your credit
card or your car loan or anything like
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that. It also does not mean that the
debt collector cannot sue you. So, within
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six years of the time that the account
got sent to the debt collection agency
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they can legally sue a client, but
through our process we make the debt
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collection agency prove that they have
all the correct information and make them prove it's
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a valid account. For example if I have
a debt collection account for four
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hundred bucks and I rush to pay it,
it's not going to come off my credit.
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It's going to update and sometimes it
will report for seven years from the
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date of the payment. It reports
as a paid collection. Through our
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process the debt collector has to prove
that they have the right to report on
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your credit. When we're requesting
information from them they have to show
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documents with the client signature, They
need to show all of the documentation
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they have that really proves that
the client owes that debt and they need
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to furnish all the documentation to
prove that and to show that. It's like when you
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go to court and you file a discovery
they have to show all the evidence.
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The credit reporting system is quite
unfortunate because it's a "guilty until
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proven innocent" and through our
process we're forcing the debt
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collectors to prove this information. so
they need to prove that the
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debt is valid and collectible, meaning
that it hasn't been past seven years - the
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federal statute of limitations and
actually in Washington State it's six
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years so after six years a debt
collector cannot sue a client. I know
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a little earlier I made it sound like
from the time the debt collection agency
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acquires the account, but it's actually
six years from the date of the
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initial late payment on that account
that led to it being sent to collections.
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So they can wait six months or three
years to send it to collection. Student: "I have a question."
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Student: "So basically limits you said I'm going
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to try to make sure I heard correctly. You said when
they reported, that it's the first time they report."
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Jesse: "It's not when they purchased the
debt collection account, it's the date of the initial
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debt. Say I owed Chase Bank right and
I default on that credit card, well it's
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the first late payment that led to that
card being charged off. So it'd be the
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first 30 day late that reported that you
see it on the credit report and it just
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continues to go 60 days 90 days 120 days
charged off. But it's from that first
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late payment, so six years is the state statute of limitations
in Washington state where we're at.
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Seven
years is the federal statute of limitations. So after six years
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from that initial late, they cannot be
sued. After seven years, it cannot
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report on their credit. So the law states that it's seven years
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from the date of last activity so that's
where that payment can come into play
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and can be counted as last activity. So
when we're telling a client never pay a
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debt collector, it's mainly because; 1.
Paying doesn't remove it. 2. The debt collector has to
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furnish all the proof and the burden is
on them after a client has hired us to
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deal with their credit. The debt
collection agency has to prove that they
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have the legal right to report on the
credit that they have all the correct
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documentation and that everything is
reporting accurately. If they can't prove
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it, it has to be removed from the credit
report, by law. So they might not take
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it off real quick and easy, they might
send all the paperwork back and continuously
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send it, but if the paperwork's not
correct, then there's more disputable
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reasons why we can get that account
removed. So really this is just to
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clarify because a lot of people think
I'm saying don't pay your debt, that's
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not true you want to pay your debt,
because that's part of building your
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positive credit history. But when I say
don't pay a debt collector, it doesn't
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mean that you'll never pay them. But it
means through our process, we want to
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have that debt collector hold the burden
of proof and we want them to prove that
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all the information on there is accurate
timely and verifiable. If they can't do
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that, they have to remove it from the
credit report. Now if they remove it from
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a credit report technically that clock
is still ticking for the six-year limit
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for them to be sued. But if the debt
collector doesn't have the right
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information to prove that the client
owes that debt, how are they going to
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prove it in court? So it's very rare, but
still possible, that we see a collector
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come after a client after the
information has been removed. Any
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questions? Student: "Does this fall along the lines of consolidating debt?" Jesse: Consolidation of debt would
be a little bit different, that would be
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more like I have a two credit cards that
are nearly maxed out and I want to get a
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consolidation loan. That would be
taking those two credit cards and
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putting them into one loan that has a
lower interest rate. Consolidation loans
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will allow you to consolidate debt
collections into it. But again, paying
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that debt collector doesn't remove it
from the credit and there's really a
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minimal increase when that debt
collection updates to a zero balance. So
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I wouldn't recommend people include debt
collections in their consolidation.
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Right now really we're averaging
about an 85 percent deletion ratio with
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collection accounts, because a lot of
them aren't actual debt collectors they're
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debt scavengers or junk debt buyers. So
again, say I chase a thousand bucks on
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a credit card and then Chase charges it
off. Chase gets a tax write-off for
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doing a charge off, it means that they
took a loss. Then you know they
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have policies and insurance in place to
protect them when things like that
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happen. They will take that debt and sell
it for pennies on the dollar to a debt
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collector. When that debt collector buys that thousand-dollar debt, they
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include fees and interest and all kinds
of junk on there. When you pay them,
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Chase isn't getting any money, it's all
going straight to the debt collector.
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That's giving these debt collection
agents huge commissions. I mean those
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guys that call you on the phone, the
reason they're so aggressive they're
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commissioned based employees and there's
huge Commission in there on junk debt. So
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really, we we take it and put the
burden of proof on them and that's why I
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tell people to never pay their
debt collection accounts unless they give
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them a letter saying that when once it's
paid it's going to be deleted from your
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credit report. And/Or they have
furnished all the required documentation.
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