last reviewed: AUG 24, 2022
The original creditor is the company that gave you the loan or credit.
An original creditor may attempt to collect a past due debt or account itself, or it may hire a debt collector. A debt collector is generally a third party who has been contracted to collect your debt or account. The name of the
company contacting you about an unpaid debt may be different than the original creditor who gave you the loan or credit. The original creditor also may sell your debt or account to another party who may then collect the debt or place it with a different debt collector.
Collection agencies ask you all kinds of intrusive questions about your
finances, but they are usually not especially forthcoming about how your debt became their business in the first place. There are several ways that a collection agency can get the right to seek payment of a debt from you. The trouble is that most collection agencies are so unpleasant that most people respond to communications from collection agencies by ignoring written notices and blocking phone numbers, or else by unleashing their vitriol. The backstory of how your debt ended
up with the agency can make a difference as to the best way to respond to the collection agency. Sometimes contacting the original creditor is the best way to settle the debt, but what you should say to the original creditor depends on the circumstances. A Philadelphia consumer law attorney can help you develop a strategy for dealing with debts that have gone to collection agencies. What Happens to Your Debts When You Don’t Pay Them? When you are late
paying an installment on a debt (it can be a credit card balance, a medical bill, or almost any other kind of debt), the creditor will start by sending you additional reminders; they might also charge late fees. If four months go by without you making any payments, the creditor might decide that it is not worth the efforts of its billing department to keep trying to collect the debt from you; this is sometimes referred to as charging off your debt. If this happens, one of two things
can happen, both of which involve collection agencies. In the first scenario, the creditor assigns your debt to a collection agency, but the creditor still owns your debt. The collection agency might be willing to negotiate with you to settle the debt for a lower amount, either by a lump sum payment or installments. When you pay, the creditor still gets some money. In the other scenario, the creditor sells the debt to a collection agency. In other words, the
collection agency settles the debt with the creditor for a lower amount than the face value of the original debt. Then it tries to collect payment from you to get a return on the investment it made by buying your debt. Can You Still Pay the Original Creditor After Your Account Goes to Collections? When you get a notice from a collection agency, call the original creditor and ask if they still own the debt. If they do, try to negotiate a manageable payment
plan directly with them. If they have sold it, you may be able to convince them to buy your debt back. To make sure that you don’t end up in debt both to the original creditor and to the collection agency, contact a debt settlement lawyer. Contact an Attorney Today for Help A Philadelphia consumer attorney can help you settle your debt with collection agencies or
with the original creditors. Contact Louis S. Schwartz at CONSUMERLAWPA.com to set up a free, confidential consultation.
Resource:
equifax.com/personal/education/covid-19/debt-collectors-vs-creditors/
Consumer Law PA | Posted on September 7, 2021
When a debt exists, two parties are involved—the creditor, who is the source of the loan, and the debtor, who is the receiver of the loan. If you are a debtor whose loan or credit card account goes into default, be prepared to face serious repercussions.
However, it’s never too late to get your payments back on track, and it’s much easier to accomplish when you’re dealing with the original creditor. In fact, you should try to avoid having your debts sold to a debt collection agency at all costs.
Dealing with a debt collection agency can cause a ripple effect in many areas of your life, both financially and personally. Find out why it’s better to settle your debt before it’s sent to a debt collector, and how to negotiate with the original creditor instead.
Why should you avoid having your debt sent to collections?
It’s better to deal directly with the original creditor than to have your debt sold to a debt collection agency. Debt collection agencies are often more aggressive in their collection attempts and may take extreme measures.
The “original creditor” is the first source of the money loaned. However, if they can’t get you, as the debtor, to pay your debt, they often turn the effort over to a debt collection agency.
Debt Collectors
In some cases, the original creditor will sell the debt to a third-party collection agency. These debt buyers pay the original creditor a percentage of the total debt collected. In most cases, debt buyers pay pennies on the dollar for the debt.
At that point, the debt collector owns the debt and can then proceed to collect the full amount, plus fees, court costs, and interest. Then, typically, the debt collector can go to court with a lawsuit against you.
If you lose the case, you’ll receive a judgment, often for the highest amount possible. If you don’t pay the judgment right away, it could continue to accrue interest.
Eventually, you could also be subject to wage garnishment to have the judgment repaid. Plus, having either a collection or judgment (or worse, both) listed on your credit report can do lasting damage to your credit scores.
Your best bet is to deal directly with the original creditor and avoid dealing with a debt collection agency altogether.
How do you know if your debt has been sent to a debt collection agency?
The original creditor handles most debts until they hit about 150 days of delinquency. So if you’re only two or three months behind on your monthly payments, chances are, the original creditor still holds your debt.
You should receive a written notice in the mail warning you that your account is about to go into collections. So, keep an eye out for any correspondence from your creditor.
Never throw any paperwork away, even if you’re dreading what may be inside. If you’re uncertain whether you’ve received a letter or not, call the creditor. Even if you’re at odds with them, they should be a trustworthy source of information regarding your account’s status.
Is it better to pay the debt collector or original creditor?
If the original creditor indicates that your account has already been sold to a debt collector, first see if you can ask to have it pulled back from the collection agency. If they won’t do that, it’s important to contact the debt collector and validate the debt. You can do this by sending them a debt validation letter. This ensures that the debt collector hasn’t resold your account elsewhere and that you’re negotiating with the right party.
Hopefully, though, your debt still resides with the original creditor, and you can move forward with them in the settlement process. This is also why it’s important to stay on top of correspondence and not put off dealing with defaulted loans any longer than necessary.
Dealing with Debt Collectors
If you must deal with a debt collector, you should know your rights under the Fair Debt Collection Practices Act (FDCPA). Then, if you have any complaints about how a debt collector is handling the debt, you can contact the Consumer Financial Protection Bureau.
Also, check out our in-depth article on how to settle your debts with a debt collector.
How to Settle Your Debt with the Original Creditor
Have a strategic plan in place before picking up the phone and asking to pay off your debt with a lesser amount out of good faith. Don’t be afraid to jot down some notes or talking points to have on hand. Ready for a strong negotiation plan? Let’s get started.
Know Your Financial Ability
If you’ve defaulted on your debt payments, chances are you’re having trouble with money. Therefore, when negotiating with an original creditor, it’s important to know exactly what you can offer in advance.
For example, if the unpaid debt amount is $1,000 and you have $500 in hand to pay it, it makes sense for you to contact the original creditor with that goal in mind.
It’s not a good idea to make any promises you know you can’t keep. Plus, a creditor is more likely to accept a lump sum payment over installments because it’s guaranteed cash for them. So, it’s important to go into negotiations with your final number in mind and make sure it’s one you can pay.
Exactly what percentage of your debt is a creditor willing to settle for? The answer really depends on each creditor. But one factor that is a major influencer is time. If a debt is newer, say 120 days old, the creditor will most likely want closer to the amount owed.
If a debt is older, such as 9 months old, the creditor will likely accept a lower amount to settle the matter and get it off their books. Because of this fact, it’s helpful to do a little homework to determine the creditor’s situation before attempting to settle the debt.
Handling Negotiations
It’s best not to offer all you have to the creditor at the outset of negotiations because whatever amount is offered, there will no doubt be a counter-offer. This begins the process of negotiation. The process ends when an agreed-to amount is set.
While most creditors want a lump-sum payment over installments, it is possible in some cases to establish an installment agreement. This helps stop the collection calls and keeps the creditor from initiating court action.
However, it’s also important to only agree to a payment plan that you can afford. Usually, if an installment agreement is established and you miss a payment, the full amount of the original debt (less any payments) will again become due. Remember, the creditor already has the experience of your failure to pay, and now they want to see success.
Still, it’s important to protect yourself. If the original debt was agreed to be settled for a lesser amount, be sure to get an agreement in writing from the creditor. This is usually done before the exchange, when you actually pay the debt.
See also: The 623 Dispute Method – Disputing with the Original Creditor
Highlights
To recap, the main action items for debtors who wish to settle their debt with the original creditor are:
- Know your scope of your financial ability to repay
- Contact the original creditor
- Have money ready to make a lump sum payment
- Negotiate with clarity
- Fulfill all promises to the creditor
- Get everything in writing BEFORE sending money
How does settled debt affect your credit scores?
Once you’ve settled your debt with the original creditor, your credit scores will likely take a hit. This happens because the debt will be listed as “settled.” It’s still better than being defaulted or charged off, but it’s something that future lenders can see. And it could raise a red flag when considering your credit application.
Use your credit report listing as part of the negotiation process to avoid this scenario, especially if you’re offering a large one-time payment.
As part of your agreement to pay, you can request that the creditor report the debt to the credit bureaus as “Paid As Agreed” on your credit report. Even if you don’t successfully get it updated, it’s worth a shot. It can even be used as further leverage during the negotiation process.
How else can you get help settling your debt?
If you’re not confident in your ability to handle the process and negotiate the debt settlement successfully on your own, you can hire a company to do it for you. In general, it is best to utilize a debt settlement service with extensive experience in negotiations.
Check Out Our Top Picks for
2022:
Best Debt Settlement Companies
Credit counselors can help, as can professional debt settlement companies or even an attorney. The idea is to settle the debt for as little as possible to avoid court action and the negative effects the information will have on your credit history and credit score.
Meet the author
Lauren is a Crediful writer whose aim is to give readers the financial tools they need to reach their own goals in life. She has written on personal finance issues for over six years and holds a Bachelor's degree in Japanese from Georgetown University.