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| 留言者 : CurtisnuT |
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日期: 2022-06-17 13:01:05 |
| 意見 : how to stop a debt collector from calling |
When a consumer has been sued for collection of a debt that he has heard nothing about for several years, he may wonder whether the collection of that debt is barred by the statute of limitations. If the lawsuit is filed after the statutory period has run, the consumer has a solid defense in the lawsuit, and will also have the option of a cross-complaint against the plaintiff that filed the case. Filing a lawsuit to collect a “time-barred” debt is a violation of the Fair Debt Collection Practices Act and the corresponding California statute. The following general guidelines apply for credit card. Most other debts owed by California residents. Where the action is based on a written agreement, it must be filed within 4 years. 1) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code…
If the action seeks to collect an amount due on an open account, the last relevant entry is the last payment. Gardner v. Rutherford (1943) 57 Cal. App. 2d 874, 883; County of Santa Clara v. Vargas (1977) 71 Cal. Where the parties have ended their business relationship and no further charges can be made on the account, the date on which the account is closed determines the running of the statute. “While an вЂopen’ book account has been defined as вЂan account with one or more items unsettled,’ it also includes вЂan account with dealings still continuing.’ (Citations) By contrast, a вЂclosed’ account is… ” R.N.C., Inc. v. Tsegeletos (1991) 221 Cal. In R.N.C., the closure of the account and defendant’s failure to pay the amount demanded started the running of the statute; a partial payment made after that point was not a “pertinent entry” for purposes of calculating the expiration of the statutory period. Id. This rule differs from the rule regarding debts based on a promissory note (C.C.P. В§ 360), where a payment made towards principal or interest may waive the period that has already run in favor of the debtor. Account stated claims in debt collection cases often allege that a “final statement” was sent to the consumer, showing the balance due and demanding payment in full. However, the mailing of the “final statement” may have no bearing on the statute of limitations. By the time of that statement is sent, most likely the account is already delinquent and the statutory period has already started running. California law does not define “item” as used in this section. As applied to credit cards, the most logical interpretation of this section is that the statutory period begins to run from the date of the last purchase/charge or the last payment on the account, whichever is later. After four years, the debt is time-barred (uncollectible).
You'll also find that relationship selling benefits companies that offer products in very competitive markets - particularly if there isn't a lot of difference between products! In the next section we'll learn about the importance of maintaining contact with the customer. If you neglect a client who has trust in your integrity as a person and as a salesperson, that client may finally be forced to turn to your competitor. So, make sure you not only build the relationship, but keep regular contact and keep all channels of communication open. Make available several methods of contact for any type of emergency need. Or you may find that, in an emergency, your client was forced to contact that persistent competitor and discovered that, "Hey, he/she's a nice person too! And their product is maybe even a little better! Hmmmm!" So, the lesson is, make sure you maintain contact and are always accessible to your clients, or you may find yourself having to replace them!
Now, just because the prospect states that they are not interested, doesn't mean you pack your bags and leave. If they've answered all other questions with the right answers then you can continue the line of questioning until you determine without doubt that they will buy. This means you never ask for the order. If you've done the questioning (interview) session right then when it is completed you and the prospect have come to a meeting of the minds and the logical next step is that they will place an order. Your series of questions has eliminated any objections (or else you have already said goodbye and left!). Rather than trying to manipulate the prospect and get them to do something they don't want to do, you are letting them come to the decision that it is the right thing to do. You are laying the foundation for a mutually beneficial basis for doing business. There is a lot more to be learned about high probability selling, as well as the many other sales techniques out there.
You'll be rewarded over and over by loyal clients who trust your opinions and advice, and buy from you frequently. Follow through with promises: If you do nothing else, do this. Always follow through with what you say you are going to do. If you say you'll send a quote by Friday - DO IT! If you say you'll check with someone else in your company about an issue that's come up - DO IT! Don't forget. Use the technology available to you (even if it's a sticky note on your dash board!) and make sure you follow through with your promises. There is no surer way to lose the faith of a prospect (or existing client) than to forget to do something you tell them you will do. If something comes up that forces you to have to delay, call them and give them a heads up. They may have a meeting arranged to present the information you're supplying them with, and if they don't have it you'll both look bad.
Source:
- https://nocollectioncalls.com
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how to stop a debt collector from calling
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