Page 104 - CARS Standard Program
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It is also important when speaking with the debtor to attempt to update the debtor’s address, telephone number, place of employment, position held and work phone number. If the debtor will not cooperate, be sure this is documented in your report. All documentation should be in detail so that the creditor is made completely aware of your efforts.
When making contact at the given address, be sure to confirm that the person you are speaking with is the debtor. If the person you are speaking with is not the debtor but confirms that this is the debtor’s current address, do not discuss the reason that
you are there. Simply give the person your business card and advise him/her that it is very important that the debtor contact your office. If the person you are speaking with is a co-signer, you may discuss the reason you are there. Your business card should not indicate that you are in the repossession business.
When working field call assignments, it is important to make every effort to either complete the call by making contact with the debtor or co-signer or verify that the given information on the assignment is no longer accurate and that the debtor (or co-signer) is no longer in your service area.
If the collateral is located in a body shop or impound yard, the client usually wants to determine the collateral’s overall condition and value and whether it is worth securing. The assignment will direct the Recovery Agent to proceed to the location of the collateral, complete a condition report and take pictures (digital, if possible). When the completed documents and pictures are forwarded to the client, the field call has been completed.
A field call assignment should be completed on the first run with the Recovery Agent completing the assignment according to the instructions, or by gathering as much information as possible so that the client is satisfied that the assignment was completed to the greatest degree possible.
Delinquency Interview Assignments:
Clients may issue Field Call Assignments for several reasons and the assignment should be specific as to the reason for the field call. Field calls may involve simply door- knocking (face-to-face contact) to verify a debtor’s address or place of employment (POE), to take pictures or to complete a condition report on the collateral.
The assignment may also request that the Recovery Agent demand delinquent payments from the debtor. If such request is made, the creditor should be made aware that such action (the collection of debts), according to interpretation of the Fair Debt Collection Practices Act (FDCPA), may make the Recovery Agent a “third-party debt collector” and thereby subjects the Recovery Agent, the Recovery Agency owner and the creditor to the entire FDCPA. Of course, in those states that require Recovery Agency to be licensed as a collection agency, the Recovery Agent, his employer, and the creditor are automatically subject to the entire FDCPA.