Re: Collection Agency Credit Card Surcharges

On Feb 28, 2:31 pm, th...@xxxxxxx wrote:
On Fri, 27 Feb 2009 13:19:35 -0800 (PST), jlut...@xxxxxxx wrote:
I am being non-stop harassed by the Ross Gefland collection agency/
lawyer network. In any case, we negotiated the debt down and I can
only pay with my MasterCard credit card. They want me to pay a 4%
surcharges for using my Mastercard. They say they charge this to
everyone who uses a credit card. If I do a check-by-phone it is a flat
$5 fee.

I checked out the Mastercard web site, and I think that adding a fee
to use a credit card is a violation of merchant rules. Can anyone
confirm? This is what the Mastercard rule book states (copied and
pasted right from the book):

5.9.2 Charges to Cardholders
A Merchant must not directly or indirectly require any Cardholder to
pay a
surcharge or any part of any Merchant discount or any contemporaneous
finance charge in connection with a Transaction. A Merchant may
provide a
discount to its customers for cash payments. A Merchant is permitted
to
charge a fee (such as a bona fide commission, postage, expedited
service or
convenience fees, and the like) if the fee is imposed on all like
transactions
regardless of the form of payment used, or as the Corporation has
expressly
permitted in writing. For purposes of this Rule:
1. A surcharge is any fee charged in connection with a Transaction
that is not
charged if another payment method is used.
2. The Merchant discount fee is any fee a Merchant pays to an Acquirer
so
that the Acquirer will acquire the Transactions of the Merchant.

First off, you're stupid to let these collection agencies to bully
you.  You dont owe THEM a cent.  You owe the original creditor.  If
you are going to do business with these thieves, YOU tell THEM what
you are going to do.  I highly suggest a lawyer for cases like this,
but only after they threaten to sue you.  Otherwise make ALL payments
to the ORIGINAL CREDITOR.  

If they have threatened to sue you, a lawyer will cost money, but will
always reduce the amount owed.

If however you do insist on letting these crooks bully you and are
willing to give them money, I'd tell them that you will pay in CASH.
That way they cant rip you off further with their added *** fees.

Here's what you do.  Lets say you owe $2000.  
Go to your bank and get $2000 worth of rolled pennies.
Unroll all of them into a cardboard box.  Deliver this box to their
office in person, and do this about 10 minutes before they close on a
Friday afternoon.  Tell them "this is payment in full".  They will be
required to count ALL those pennies......

This will give them something useful to do besides harass people.

They legally CAN NOT refuse legal tender, regardless of the form of
payment you use.

Your whole post is full of very bad advice, except where you suggest
consulting an attorney.

Your statement that that they cannot legally refuse payment in pennies
is just plain wrong. Unless there is a state law specifically
requiring a business to accept them, they are free, and almost certain
to reject them. A huge waste of time, money, and he'll look like an
idiot if this ever does get to court.

See: www.ustreas.gov/education/faq/currency/legal-tender.shtml
.

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