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"first" party vs "third" party collections....

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    "first" party vs "third" party collections....

    Greetings.

    In the initial stages of collection actions by multiple CC's

    ...multiple calls at work and dozens at home, home calls screened by answering machine....so I really don't care about them....

    Work calls, well, I just handle them as best I can giving no information........

    My question is; for the purposes of ending collection action via a "cease and desist" letter where the card is "issued" by HSBC Bank, but is a BestBuy CC.

    Who is the "first party" collector, BestBuy or HSBC Bank? I believe I've had only one call from BestBuy, but dozens by HSBC.

    They refuse to stop calling me at work, which they do daily a couple of times a day, after I've told them many times to stop.

    I just hang up on them now.

    Only HSBC has sent a collection letter, which lists the BestBuy account number. I have no written notices from BestBuy.

    I would like to send the creditor a cease and desist letter, at least to eliminate the calls at work, but I'm not sure who to send it to.

    I have many creditors calling and would rather not go through the effort to record, chase and send multiple letters through registered mail if these guys can (and will) just legally ignore my efforts anyway. It's a waist of time and effort...

    I'd rather concentrate on hammering NCO and Nationwide collections. Perhaps I will sue them, after the PA Attorney General gets through with them (again). They have already contacted me AFTER they received my letters....

    Any and all advice is appreciated.

    Thanks

    #2
    Originally posted by CPO View Post
    Greetings.

    In the initial stages of collection actions by multiple CC's

    ...multiple calls at work and dozens at home, home calls screened by answering machine....so I really don't care about them....

    Work calls, well, I just handle them as best I can giving no information........

    My question is; for the purposes of ending collection action via a "cease and desist" letter where the card is "issued" by HSBC Bank, but is a BestBuy CC.

    Who is the "first party" collector, BestBuy or HSBC Bank? I believe I've had only one call from BestBuy, but dozens by HSBC.

    They refuse to stop calling me at work, which they do daily a couple of times a day, after I've told them many times to stop.

    I just hang up on them now.

    Only HSBC has sent a collection letter, which lists the BestBuy account number. I have no written notices from BestBuy.

    I would like to send the creditor a cease and desist letter, at least to eliminate the calls at work, but I'm not sure who to send it to.

    I have many creditors calling and would rather not go through the effort to record, chase and send multiple letters through registered mail if these guys can (and will) just legally ignore my efforts anyway. It's a waist of time and effort...

    I'd rather concentrate on hammering NCO and Nationwide collections. Perhaps I will sue them, after the PA Attorney General gets through with them (again). They have already contacted me AFTER they received my letters....

    Any and all advice is appreciated.

    Thanks
    Unfotunately, HSBC is the Original Creditor in this case, so the Fair Debt Collection Practices Act does not apply. BestBuy simply used HSBC to finance your purchase. It is cheaper for them to outsource this kind of stuff now rather than setting up their own finance company.

    Most retail stores do this routinely now. For example, when I bought a chair at LazyBoy, they offered to finance the purchase through Wells Fargo Bank. If I had done that, Wells Fargo would become the Original Creditor. I ended up paying cash instead, because I don't want to take on any additional debt before filing for bankruptcy.

    The reason BestBuy called you too, is probably because they have a recourse aggreement with HSBC that makes them bear some of the burden if the debtor defaults within a certain amount of time-- much like car dealer arranged financing works.

    After about 180 days of no payments they will charge off the account and send it to a third-party debt collection agency. By then you will probably already have filed BK, and they will stop calling.

    But it is not a waste of your time to send cease and desist letters by certified mail to your other collection agencies. This method has worked every time for me with third-party collection agencies and junk debt buyers. My phone no longer rings from debt collectors. All of my debts are way past the 180 days-- charge off phase, so it works every time.
    Last edited by GoingDown; 01-20-2007, 12:34 PM.
    The world's simplest C & D Letter:
    "I demand that you cease and desist from any communication with me."
    Notice that I never actually mention or acknowledge the debt in my letter.

    Comment


      #3
      Thanks for taking the time to educate me. I think I will go ahead and send them all "cease and desists letters," in as much as I do not want them calling me at work.

      Thanks again.
      CPO

      Comment

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