5 Things to Avoid when Paying Debt Collectors
I received an settlement letter from Portfolio Recovery Associates, LLC that has an expiration date. they will allow me to pay it over the phone or online.
I wanted to know if it ever is good idea to pay online for a settlement offer or just call and do it over the phone?
—Ty
There are different ways you can pay a debt collector. When it comes to paying debt collectors like the one you are dealing with, who is really large, and who will probably forever be under the microscope of federal regulators like the CFPB, and state AG’s too, I am sometimes less cautionary with how best to make payments.
Having said that, there are situations where I would strongly advise not making payments using certain methods.
What can go wrong when paying a debt collector?
The reasons you want to protect yourself when you are paying debt collectors have changed significantly in the period of time I have been helping people to resolve debts. In the 90’s I viewed protecting your personal bank account and other details as more critical, but because less was being done to hem in bad practices of the day. Things like you authorizing a payment for $125.00, and whoops… $1,250.00 was drafted from your bank account instead, just does not happen much today. Not unless you are dealing with a scam debt collector from the go.
Nowadays it is more important to establish a paper trail you will have ready access to that can prove what you paid to a debt collector and when.
Mistakes with billing and debt collector payments can still occur. But where those mistakes seemed more like a business model many years ago, many anomalies I see now are legitimate errors made by humans and machines. Not that all concerns are removed, can’t have that now can we. For that reason, I still encourage you to pay your settlements using a dedicated account you set up for the purpose. This is especially beneficial for people who are saving money to settle with multiple debt collectors.
But what if you just have the one account in collection?
If you are dealing with established debt collectors on just the one account, and you have the settlement offer in writing on their letterhead, I am okay with making your payments online, or calling in to pay a debt collector with an ACH authorization, or check by phone using your existing checking account. I understand why people will still hesitate, and I am totally good with having a touch of worry when trusting a debt collector, even the ones who have regulators watching them closely. If you need a reason to worry, because you have not thought of one, here ya go:
The human or computer error when paying a legitimate debt collector I mentioned above happens to you. And it happens when you have limited funds in your bank account. You have auto drafts set to transact, other bills to pay that are time sensitive, and needed to get groceries for the next 2 weeks with a hungry family to feed
While there are places you can go to and file complaints to get an issue resolved with a debt collector like Portfolio Recovery (mainly the CFPB for more rapid response to something like this), the resolution can take a few weeks. That could mean you are late on rent, your hungry, and your bank account with auto drafts going through gets overdrawn.
Mistakes and errors are why you set up a different account when you have the lead time to meet a settlement deadline. Check out the ease with which you can fund and pay your settlements in the article I linked to above. You can transfer the money for each settlement you reach right from your computer at home when your special purpose account is with the same bank you use for your regular deposits and bill paying.
I should point out that you can also call the debt collectors directly to see about getting immediate attention to correct any problem that happens to occur. But while I am not the complete skeptic of all things related to debt collection that I once was in my early exposure to the industry, I am still not ready to refer to them as helpful. And frankly, it is still a relatively new development to get Portfolio Recovery and Associates (also known as Portfolio Recovery Group), to even release a settlement letter with the details of what was negotiated and agreed to. I just do not see them doing the right thing on their own initiative, at least not yet. Which means I am suspect that they would jump at the opportunity to correct their own error, preferring the prodding they will get from a regulator instead.
What to Avoid when Sending a Payment to a Debt Collector
I would not send payment without a written outline in hand that clearly spells out what it is that you and the debt collector have agreed to. There are instances with some debt collectors where I would refuse to pay anything without the settlement agreement like you have in hand. But there are other times where I will encourage making the payment. Readers should check out that link for workarounds when you cannot get something in writing (like recording your phone call, and telling the debt collector why you are doing so).
- Do not use Western Union or Money Gram type products to pay a debt collector. There is just too much hassle to get proof that you sent the payment and that it was received on the other end. And hassle is the last thing you want in a situation where you are already being hassled to prove you paid something in the first place.
- If you are using a third party debt relief company, do not rely on them to have the documentation that will meet your needs. If you are in a debt management plan with a credit counselor, you should still get your billing statements from your original creditors, but that may not be the case if you enrolled accounts with debt collectors. And if you are working with a debt negotiator or settlement company, get copies of all settlement and payment agreements along with screen shots from your special purpose account to show the payment dates.
- Do not send cash.
- Avoid using store front issued money orders (the type that are available at check cashing stores or the super market).
- Do not use the preloaded debit cards that are all the rage currently. The fees are high, but it can also be more complicated to get the information you may later need to prove your payment was made.
If you do not set up a special payment account, but still want to avoid paying through your personal bank account, use money orders or certified funds drafted from your own account. Just know that some smaller banks actually contract out for their certified funds remittance (weird right… they are a bank after all), which can take extra steps to track down whether the debt collector payment cleared.
I am all about using your current bank account with a certain level of prepared paranoia, or setting up a dedicated bank account you will use to fund settlements and payments to debt collectors. You get the added bonus of being able to continue to use that account for more financial security after all your debt collection accounts are resolved, or are in the rear view mirror. Instead of making online purchases using the debit card that is connected to the family bank account where your deposits are made, you can move money over to this other account when you are making online purchases (stuff can go wrong in everyday financial transactions too, not to mention all of the data hacking occurring with more frequency). This can help limit your risk up to the amount of money you moved over to this account.
I went about posting my answer to your question more thoroughly than you may have been expecting, but I have been meaning to hit this topic a little harder in an article. You are probably okay to pay PRA on line or over the phone. But not if you have real sensitivities to any of what I point out above. How much time do you have from now until when the settlement offer letter expires?
Anyone with questions or concerns about paying a debt collector is welcome to post in the comments below for feedback.
Sean B says
Hello, I had a debt with a collector. They pulled an unauthorized debit of $945 from my account and then immediately received a paid in full notice. I had previously made a small payment online for $200 so they must have kept my debit card on file somehow. In the process, this particular debt has caused a financial issue with my current bills. I emailed them saying it was unauthorized (no verbal or written approval was provided for that amount) and requested a refund and to stick to the original payment plan (to make final payments by the 14th). I get a feeling they knew what they were doing and will not reply, effectively expecting that I will not pursue recourse. The bank is closed for the day and I dont have the ability to stop the payment. I am in Missouri and they are in Florida (Global Trust Management LLC, Tampa FL). Do you think pursuing this legally would be of any value to me (and others) or should I just let it go?
Michael Bovee says
If it were me I would pursue it. I am not sure I would go through the expense of hiring a debt collection consumer law attorney, unless thye felt this was a FDCPA or other type of violation that take on a contingency.
I would for sure file a complaint against the collection agency with the CFPB.
I have a judgment I got them to send me a settlement for 12K what is the best way for me to send a one time payment so Inhave receipt the amount agreed to was paid by the date agreed upon?
If you have a legitimate debt you are resolving, and have the deal in writing, I often encourage using your bank account over the phone, or a check. You can use a certified check drawn from your bank account. I encourage sending check payments Express mail for tracking.
Hello Micheal,
I am currently finishing discovery process with PRA for a debt they bought off from Synchrony Bank in the amount close to $650. I asked for proof (since I never heard of PRA until now) They provided bank statements and objected to most of my questions. Now they are asking for summary judgement from the judge in the amount of $650 plus roughly $105 in fees. My question now is what is next I have other obligations and my debt to income ratio is horrible. I live in Michigan. I think I can come up with a settlement, but what are the chances they’ll take it? Thank you
You can settle with PRA at this point, but you may not save much. You can call and negotiate with the debt collection attorney. Get everything in writing before you pay them.
Here is a page about settling when sued, and another one about settling PRA debt.
Thanks Michael for your timely response. Do you think its probable of settling in 70%? Also, for the get the terms in writing is it okay to have them send it via email?
It is possible to get that percentage.
PRA is terrible about sending settlements in writing. The attorneys they hire are good about it though. But not all attorneys will send the settlement agreement through an email. They look to fax or send via USPS.
Last question,
I was looking over what their lawyer sent me in response to my questions and I noticed that some of the things he did answer said he has yet to complete the facts related to this litigation, and that the plaintiff does not have the original signed application. So they requested the original creditor for those documents. Yet the affidavit of sale says they bought a pool of charged off accounts.
If they’re requesting other documents that they didn’t have, but claimed they did in the ordinary course of business how does this hold up? I know that they used the business records exception to hearsay, however now i am more confused about if this junk debt buyer even has enough proof? I asked who will they use as a witness in trial. They gave me a name of a person,but if they intend to call this person I can object stating that if I must be present then they should be too. Since I cannot tell what this person is doing/looking at during questioning. On the other hand I can’t cross exam a piece of paper (affidavit). What is your take? Again, thank you for your valuable insight on the matter.
They may not be able to prove their claim. Happens a lot actually. It is to the point that the CFPB is currently involved in rule making to prevent this type of thing at a national level.
I would recommend you consult with an experienced debt collection defense attorney in your state. I can email you a list if you like?