March 2nd, 2010
Michelle,
My company is sending a few of our non-responsive customers to our external collection agency. The owner of my company wants me to calculate and add on interest charges to these accounts before we send them off.
My question is, since the customers did not sign anything informing them that this would be done, can we legally do this?
- Elaine
Dear Elaine,
In order to charge interest, any late fees or add any collection costs to a debt, you have to notify the customer before the debt is incurred. Most companies include this wording on their credit applications, which the customer signs before the sale, in a contract or agreement that the customer signs before the sales and additionally it is printed on all invoices and statements that are sent to the customer. Laws vary by state on the amounts that can be charged or if they can be charged at all.
Michelle Dunn, author of the Ultimate Credit and Collections Handbook, the check IS in the mail!
Tags: collection agency, late fees
Posted in Ask Michelle, Compliance, Education, FAQ's, Getting Paid - Michelle Dunn - Business Finance Columni, Honesty & Integrity | No Comments »
March 1st, 2010
I recently ran across a LinkedIn group called the Loan Buyers Group: National Debt Buyers. I wanted to share it here because I get so many questions about buying debt and everything that goes along with it.
This group was started by Gary Baker who is the Managing Partner at Crescent Bay Financial. For more information on the Loan Buyers Group, visit their website or contact gary@crescentbayfinancial.com.
If you haven’t connected with me on LinkedIn – Please send me an invite so we can both grow our networks and be successful in 2010!
Michelle Dunn, author of Starting a Collection Agency, how to make money collecting money available now!
Join Michelle on LinkedIN!
Tags: linkedin
Posted in Networking, Purchasing Debt, linkedin | No Comments »
February 25th, 2010
Attending a virtual expo really appealed to me this year, especially since the economy has hit everyone hard and travel and time are an expense many of us can’t afford. The best part about the industry’s first virtual exposition was that it was free and you could attend from anywhere, the park, your home in your slippers, a coffee shop or your office.
The virtual expo had a virtual exhibit hall, live webinars and booths where you could download information, have a private or public booth chat and network. I stopped in to visit many of the booths and chatted with the folks manning the booth. It was great to see who was there, say hello to old friends and meet new people in the industry. I was able to connect and talk with specific vendors about their products and services and establish a relationship that I hope will help us to network with each other now and in the future.
I attended the webinar “State of the Industry – Trends and Predictions” put on by Kaulkin Ginsberg. They had a few different speakers and it was a very informative webinar. Some of the highlights that I took away from the presentation were that in 2010 it appears that smaller bills or invoices will be easier to collect and securing settlements will be easier. This makes sense due to the state of the economy and is a signal to all collectors to focus more on those accounts for more collections in 2010. Some other things talked about were the Fair Debt Collection Practices Act reform, which we all knew was coming. It was also discussed that the Federal Trade Commission will adjust who enforces it or who has rule-making authority. We should also look for an increased violation charge, significantly more than the $1,000.00 per violation charge now in place. Of course there will be more changes to the FDCPA and increased state enforcements of their specific laws. Collection agencies should look for increased data security requirements for agencies because they are handling sensitive consumer data.
The webinar also talked about student lending, and how private student loans are already in decline due to the economy and this will have a severe impact to the ARM industry in this sector. If you have been watching any national news or reading any national newspaper, you saw this one coming.
ARM service providers will see that 2010 will be a rebuilding year, once again due to the economy. Municipalities will increase their outsourcing which many agencies are already seeing. I know I have had more inquiries on my consulting in this specific area. This can be a good thing for agencies since it will help increase jobs in 2010. Surviving this recession will force many agencies to take drastic steps to be successful and if they focus on increasing their commitment to their compliance departments this will help them to be successful in 2010.
There was a question and answer period and someone asked, “Due to the economy, what positions are in high demand for the ARM industry?” The answer is, sales people and you can recruit good ones by offering incentives such as sign on bonuses, and senior level managers with experience with call centers. Many other things were covered, and I found the webinar to be engaging, informative and interesting. Something I would recommend and I look forward to attending more virtual expo’s this year.
Michelle Dunn, author of Starting a Collection Agency, how to make money collecting money 3rd edition.
Tags: 2010, ARM industry, expo, Fair Debt Collection Practices Act, FTC, kaulkin ginsberg
Posted in Debt Collection in the News, Economic Crisis, Education, Expo's & Trade Shows, Fair Debt Collection Practices Act, Heard on the Street... | No Comments »
February 24th, 2010
Vendors can help financing story in the Wall Street Journal by EMILY MALTBY –
Strong relationships are vital in landing financing. That’s why some small business owners have found luck with a group they already know well—their vendors.
Negotiating with vendors to secure better trade terms isn’t new. But research indicates that owners do so more aggressively when they can’t rely on lines of credit from traditional lenders.
Business owners can enhance their odds of scoring favorable terms by approaching vendors that already have a history of their payment records. “If you can get a discount, or [terms with] no interest, then you can go back to other vendors, and ask, ‘Can you do that for me?’” says Ms. Dunn.
Michelle Dunn, author of the Ultimate Credit & Collections Handbook, the check IS in the mail! available everywhere.
Tags: Credit Crisis, financing
Posted in Business Credit, Credit Crisis, Debt Collection in the News, Economic Crisis, Heard on the Street..., Recession | No Comments »
February 23rd, 2010
Michelle,
I am looking into opening a collection agency in Buffalo, NY and purchasing portfolio’s of debt to collect. I am wondering what type of license I need to be able to do this. I just need to know what I need to do to be able to purchase debt and collect on it in regards to licensing.
Thank you – Joe
Dear Joe,
If you have a copy of the 3rd edition of Starting a Collection Agency, how to make money collecting money, there is a chapter that lists each state, if licensing and/or bonding is required and full contact information on who to contact to start that process. Including mailing address, name of a person who can help you, email, phone, fax and websites. It is listed by state.
In order to purchase debt you can check out www.InsideArm.com and also join Credit & Collections networking groups to find sellers of debt, check out the yahoogroup Credit & Collections – you can sign up for free. also check out credit and debt collection social networking sites. and check out blog posts specific to debt buying.
Remember that if a license and bonding are required in any state, the one you are located in or the ones you are collecting in, you must be licensed and/or bonded to legally do 3rd party debt collections in those states as well as where you are located.
Michelle Dunn, author of Starting a collection agency, how to make money collecting money available now!
Tags: Licensing, starting a collection agency
Posted in FAQ's, Licensing, Starting a Collection Agency | No Comments »
February 22nd, 2010
Share your story for a chance to be featured in Jerry Ashton’s upcoming book – Written Off – America and Americans!
Jerry has taken on a book project and is looking for your contributions! His chapters include stories about America and Americans in the poorhouse, debt collection as the worlds second oldest profession, and much more.
Jerry is the Credit/Relationship/Resolution Consultant at Urbitran Associates
His credentials in credit and collection are forged from years of “in-the-trenches” work in credit and collections and then starting and running a million-dollar-plus consulting and outsourcing firm which serviced clients including Johnson & Johnson, Gannett and Hearst newspapers, and R.R. Donnelly (CFO Advisors). Be sure to check out his blog and look for him on LinkedIN!
Tags: author, creditor, debt collection, debtor
Posted in Books, Business Credit, Credit Crisis, Debt Collection in the News, Economic Crisis, Education | No Comments »
February 19th, 2010
I just read a very good post on Joel LeBlanc’s blog Credit Collections & Finance about credit control policies, and how 2010 will be a tough year on the credit front for many businesses.
There has been a sharp decline in the demand for credit and an increase in defaults across the board. The most worrying part is the defaults – up 38 percent year on year. We would expect to see more business failures this year. We’re aware that commentators see the worst time for businesses coming in March and are predicting improvements in outlook from then.
Tags: credit and collections, credit policies, Credit Reporting
Posted in Business Credit, Collections for Creditors, Credit Crisis, Credit Policy Questions, Debt Collection in the News, Economic Crisis, Heard on the Street..., Recession | No Comments »
February 18th, 2010
Your credit policy is the backbone of your finances, without money you cannot continue to stay in business or grow your business. The credit policies you have for your company should be integrated with your sales department and distribution so that you can all be on the same page and provide outstanding customer service. When these things are in line with each other everything runs much more smoothly, and your customer can see that. When your credit department is run correctly and efficiently it helps you to maintain long-term customer relationships by ensuring repeat profitable sales and minimizes your costs.
Having the lines of communication open between credit and sales will go a long way in your success, make sure to have regular meetings with the sales and credit departments and help them find ways that they can work together to make each others jobs easier. This will be reflected in your bottom line. These meetings can help you in many ways, it can help your sales people to learn the skills they need in order to gather key information that the credit department needs in order to make informed decisions. The credit department can also be “trained” to know what the sales people deal with and how they can help them to make a sale while limiting your businesses credit risk.
As you take these steps to improve your business, be sure to reward your sales and credit people, this helps them to stay motivated and strive towards doing even better, which can only benefit you and your business. If you do nothing else to increase sales try merging your credit and sales department and you will see a vast improvement in your receivables, bad debt and employee morale.
Michelle Dunn, author of the Ultimate Credit & Collections Handbook, the Check is in the mail available everywhere!
Tags: credit handbook, credit policy
Posted in Business Credit, Collections for Creditors, Credit Policy Questions, Getting Paid - Michelle Dunn - Business Finance Columni | No Comments »
February 17th, 2010
Your business has many assets, such as physical items, maybe your building, equipment, items you stock, key employees, your customers and your credit functions. Many business owners don’t look at their credit functions as an asset, but your credit functions are one of the most important assets your business has. Assets are economic resources owned by a business. Anything tangible or intangible that your business owns is an asset, assets are things of value that can be easily converted into cash and cash is considered an asset.
Your credit functions should be involved in the segmentation, targeting and positioning of your business. Ask yourself, what is the objective of my business and is my credit policy in line with those objectives or with corporate objectives? Segmenting, targeting and positioning help your business to know your customers better and focus on those customers needs in your target market resulting in long-term customer relationships and therefore more sales at less cost.
Michelle Dunn, author of the Ultimate Credit & Collections Handbook, the check IS in the mail available NOW!
Tags: credit handbook, credit management, credit policy
Posted in Business Credit, Getting Paid - Michelle Dunn - Business Finance Columni | No Comments »
February 16th, 2010
Hi Michelle,
What would be the steps/cost of opening a collection agency that is an LLC and be licensed to collect in NH and MA? I would like for the LLC to be based in NH. I am not asking about total start up costs, rather just the licensing costs that each state require? – thanks, Brian
Brian,
In NH a 3rd party collection agency is not required to be licensed. You are required to be licensed in MA – the cost for the licensing to be able to collect in MA is $500.00. contact The Massachusetts Division of Banks, One South Station, Boston, MA 02110 or check out their website.
If you are looking for any other state information on licensing check out Chapter 27 in my book Starting a Collection Agency, how to make money collecting money – third edition.
Tags: bonding, Licensing, starting a collection agency
Posted in Ask Michelle, Compliance, Licensing, Starting a Collection Agency | No Comments »