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As a representative of Rickenbacker Collection Services, I have some valuable information for readers who have an account in collections with our organization.
First and foremost, if you receive a notice of collections, immediately contact the collection agency. There may be a pending credit reporting action and ignoring the collection notice will not help you.
If the account was placed as the result of the towing and storage of a vehicle:
If you sold or transferred the vehicle to another party prior to the tow date, there are options available to you:
1. Provide a copy a notarized Bill of Sale, signed by the seller and buyer prior to the tow date
2. Provide a copy of an acknowledgment from your state’s titling office, indicating that the transfer took place prior to the tow date
If you were the owner of the vehicle at the time of tow:
1. Every state has a provision that allows the towing company to charge for the towing and storage services of the vehicle.
2. Turning the title over to the towing company does not extinguish the debt.
a. If the vehicle is sold, the sale amount is applied to the towing and storage fees.
b. If the sale of the vehicle does not cover the total fees, then there will be a deficiency balance.
i. The deficiency balance is what the towing company submits for collections.
c. If the towing of the vehicle was the result of an accident, consult your insurance policy.
i. if the policy does not cover towing and storage costs, then it is the responsibility of the owner to pay for the services of towing and storing the vehicle.
ii. If the policy does have this coverage, then a claim for the towing and storage must be submitted to your carrier according to the guidelines of the policy. Consult your insurance representative.
If the account was placed as the result of a credit transaction, medical service, retail purchase or any other type of service or purchase.
The original creditor will be named in the first communication notice from the collection agency. Gather all of the records and documents you have available regarding that transaction. If you dispute the debt for any reason, send your explanation of your dispute along with a copy of your records, to the agency from which you received notice. This will initiate an investigation of your dispute. It is also recommended, that you follow up with the agency by phone around 10 to 14 business days after the date of your letter. Many agencies will accept communications by fax and/or email.
You have the right to dispute a debt which you feel you do not owe. If you know that you are responsible for the debt, many agencies will accept a lower settlement payment to close the account or work with you to set up a payment plan that meets your budget.
The most important thing to remember is that ignoring the debt, yelling at the collection agents, and sending threatening letters to the agency will not resolve the debt. Communicating in a manner that is of the interest in resolving the debt is more effective and more for your benefit.
Sir, your advice is generally good, and should be followed by anyone dealing with a collection agency.
HOWEVER, your firm's business practices are deplorable. In my case, your firm aggressively attempted to collect on a time-barred "debt" (which has always been in dispute), failed to validate the "debt, " and continued to contact me after your certified receipt of a cease and desist letter. I have documented multiple violations of FDCPA and FCRA committed by Rickenbacker and will be vigorously pursuing legal action against your firm.
Please don't mislead people by implying that they have to prove anything to Rickenbacker. On the contrary, Rickenbacker has to provide documented evidence that the debt is valid.
I understand that any consumer's dealings with a collection agency will likely be contentious, and that tempers may rise. That's the nature of your business. However, as you surely know, it is the debt collection agency's ABSOLUTE obligation to document the alleged debt, validate appropriately (that is, send the consumer a full accounting of the debt - including an accounting of the original amount of the debt, any payments or additional charges made (including the proceeds of the vehicle auctioned), and a document evidencing assignment of the debt to the agency). It is also the agency's obligation to ensure that it does not inaccurately report anything to consumer reporting agencies. Y'all failed miserably on all accounts.
I made a reasonable offer to your firm - one in which Rickenbacker pays ME - but never received any response. We will shortly go to court and I will certainly prevail. I am looking forward to meeting your representative and cashing Mr. Casas' check once judgment is rendered.
I wish you all the best and I know how I've been treated to date by Rickenbacker and the people that answer their phones. I asked for validation of my supposed debt and they sent me some lame form used when the vehicle is or isn't sold at a lien sale. I am writing them back, maybe I just didn't make myself clear enough the first time, I want any copies to NOTARIZED if they are not sending me the originals. Their so called customer service department personal, are how can one say this politely, not the sharpest tools in the shed. I am at wits end with the phone calls and have sent them certified letters making my point of not calling me quite clear, but they still continue with the calls. I have a log going, recording everything they do, say and don't do. Good luck and keep us informed of your JUDGMENT AMOUNT so we can all celebrate with you, in spirit at least.
Oceanside CA Guy R.
Hearing is this afternoon, I'll let you know how it goes