Recalling Deliquent Account

Anonymous · ‎05-20-2015

I talked with Les Schwab Monday about my delinquent account. The lady at the corporate office told me that the account had been sent to their collection agency. I have never received any communication from the collection agency, I dont even know who they are. I asked the lady if she could recall the account so that I can talk directly to the store and try to work out a PFD.

On my report the account is labeled as Les Schwab, and reports a late balance so i am inclined to think that the collection agency is just another branch of Les Schwab and not a third party agency. Would i be correct in this assumption, or is there really no way of knowing without asking?

Also, Les Schwab is updating monthly with 90-day lates eah month. What happens to the lates that are currently being reported each month if the account is recalled?

RobertEG · ‎05-20-2015

What is the relationship between Les Scheab and the "store"?

Who did you sign the contract with that created the debt?

Did you request the name of the debt collector?

A creditor can assign collection authority to a debt collector, and then request that any payments or negotiations be made via the debt collector.

However, if they take that position, they are inherently required to proivde you the name of the debt collector. Otherwise, you would have no way to pay, thus terminating further accrual of interest. If they wont take payment or provide the name of their assigned agent who can take payment, they are subjecting themselves to cival action.

If that occurs, I would get their refusal in writing.

Technically, their is nothing for the creditor to "recall" from the debt collector. The creditor still owns the debtm so there is no recall of the debt.

What you are seeking is that they terminate the assignment of collection authority.

That is a business decision of the creditor, and would be totally voluntary on their part.

Anonymous · ‎05-20-2015

Robert, Les Schwab is a retail tire outlet chain in the northwest.

Anonymous · ‎05-20-2015

@RobertEG wrote:
What is the relationship between Les Scheab and the "store"?
Les Schwab is the name of the tire retailer, they have multiple stores across the Northwest.
Who did you sign the contract with that created the debt?
Accounts are created and used at the individual stores. I have/had a total of 5 seperate accounts all at different stores.
Did you request the name of the debt collector?
I did not request the name of the debt collector as i prefer to deal directly with the store where i created the account.

A creditor can assign collection authority to a debt collector, and then request that any payments or negotiations be made via the debt collector.
However, if they take that position, they are inherently required to proivde you the name of the debt collector. Otherwise, you would have no way to pay, thus terminating further accrual of interest. If they wont take payment or provide the name of their assigned agent who can take payment, they are subjecting themselves to cival action.
If that occurs, I would get their refusal in writing.

Technically, their is nothing for the creditor to "recall" from the debt collector. The creditor still owns the debtm so there is no recall of the debt.
What you are seeking is that they terminate the assignment of collection authority. Does this pertain only to "in-house" collectors?
That is a business decision of the creditor, and would be totally voluntary on their part. I am currently waiting to hear back about them allowing the debt to be moved from the collector to the store.

As soon as i was told the debt had been moved to a collector a got nervous that if i paid that day then it would show up on my report as a paid collection.

gdale6 · ‎05-20-2015

As far as the payment history being reported it does not change unless you get a goodwill adjustment on the account from whoever is reporting the TL.

Anonymous · ‎05-20-2015

I received a call back from Les Schwab collection department notifying me that the acount had been transfered back to the store. I immediately called and paid off the account in full, but did not get a PFD from them. The good news is that the trade line will be changed to a paid charge-off and not a paid collection. It has been 5 years since DOFD so all the lates will only be on there for another 24 months max. I also used my Cap1 rewards card so i get a 1.5% "discount" by paying that delinquency off and it will only increase my UTI to 16%. i will have it paid down again by July.

Now to give my full attention to the two collections.

RobertEG · ‎05-20-2015

For future consideration, under FDCPA 803(6), the term "debt collector" includes

"any creditor who, in the process of collecting hiw own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts."

If their in-house collection agency had contacted you, they may have been subject to all provisions of the FDCPA, including dunning notice and the DV process, depending upon the name they used when communicating.