Helvey and Associates is a debt collection agency that has been in business for over 70 years. They primarily collect on utility debts and medical bills.
If Helvey and Associates is on your credit report, it is likely because they have been hired to collect a debt that you do not remember or do not think you owe. The rest of this article will tell you what you need to know about Helvey and Associates and how to remove them from your credit report.
Helvey and Associates, Inc. Information:
Address: 1029 E Center Street Warsaw, IN 46580
Phone: (574) 269-1726
Toll-Free: 1-800-733-0256
Years in Business: 71
Contact: info@hlv.com
Helvey and Associates has been sued at least 16 times since 1993 for violating federal debt collection laws. In 2018, Helvey and Associates was sued in a class action lawsuit for allegedly charging consumers a $7.00 service fee for paying a debt by credit card even though the underlying contract did not authorize the fee.
Helvey and Associates has had 22 complaints filed against it with the Better Business Bureau in the last 3 years, with only 14% of them being resolved to the satisfaction of the consumer. According to reviews on the Better Business Bureau, Helvey and Associates has placed collection accounts on consumers credit reports for debts resulting from identity theft.
How to Deal with Helvey and Associates
Debt collectors like Helvey and Associates exist to make a profit. Their profit model is built on making collection calls to consumers who are unaware of their rights. It is a model built on fear and intimidation.
The best way to protect yourself is to know your rights and to avoid engaging with debt collectors at all costs.
We will discuss how to remove Helvey and Associates from your credit report in the next section.
Helvey and Associates Debt Collection Tactics
Debt collection agencies like Helvey and Associates use a variety of tactics to coerce consumers into paying debts. Helvey and Associates is primarily in the business of debt collection, but in some instances they also offer other services. Here are some of the ways that Helvey and Associates operates.
What Kind of Debts Does Helvey and Associates Collect?
Helvey and Associates primarily collects debts on behalf of utility companies and medical providers. According to the Better Business Bureau, one of their largest clients is Duke Energy. Helvey and Associates is hired by original creditors like Duke Energy to collect debts on their behalf. Helvey and Associates may also purchase debts from original creditors to collect on their own behalf.
Are Helvey and Associates’ Practices Legal?
Debt collection agencies are governed by a federal law called the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from engaging in unfair, deceptive, and harassing behavior. There is nothing illegal about attempting to collect a debt.
But Helvey and Associates may be engaging in illegal practices if they are placing calls to you at odd hours of the day, threatening to sue you if they don’t intend to, lying about the balance of the debt, or if they are attempting to collect a debt that is not yours.
If Helvey and Associates is engaging in any of these behaviors, then they may be violating the FDCPA and you may be entitled to damages.
Remove Helvey and Associates From Your Credit Report
If Helvey and Associates is on your credit report, the best way to remove them is to dispute the account with the credit bureaus. You will want to dispute the account with each credit bureau where the account is reporting. Here are the reasons why you should dispute the account:
Credit reports are notorious for containing errors. In fact, it is estimated that up to 79% of credit reports contain serious errors. The balance of the account may be incorrect. The date of first delinquency may be incorrect. The account may not belong to you.
If Helvey and Associates is attempting to collect a debt that is not yours, then you can dispute the account with the credit bureaus. If Helvey and Associates is unable to verify the debt, then they must remove the account from your credit report. You can dispute the account on your own, but we recommend hiring a professional like Credit Glory to dispute Helvey and Associates for you.
Is Paying This Collection a Good Idea?
Absolutely not. Here is why:
Paying the collection will not remove the account from your credit report. If you pay the account, the account status will be updated to reflect that the account has been paid. But the account will still remain on your credit report for 7 years from the original date of delinquency.
This is why it is crucial to understand that paying a collection account is not a long-term solution. Instead, you should focus on removing the account entirely.
If you pay the collection, you may be waiving your right to dispute the account in the future.
Here are some other things to consider when deciding whether or not to pay the collection.
If you pay the account, you may be restarting the clock on the statute of limitations. The statute of limitations is a law that governs how long a creditor or debt collector can sue you for a debt. If the statute of limitations has expired, you will want to avoid paying the account because you may be restarting the clock.
There is nothing that Helvey and Associates can do to you to collect the debt if the statute of limitations has expired.
If you pay the account, you may be admitting liability for the debt. This is important if you are considering negotiating a settlement. If Helvey and Associates is unwilling to remove the account from your credit report in exchange for payment, then it may not be a good idea to pay the account.
Instead, you can consider disputing the account with the credit bureaus or working with a credit repair agency like Credit Glory to remove the account.
What to Do When Helvey and Associates Calls You
It is best to ignore the phone calls from Helvey and Associates. Here is why:
When you speak with a debt collector, they will use the information you provide against you. If you confirm your identity or acknowledge that you owe the debt, then Helvey and Associates will use that information to build their case against you.
Instead of answering the phone calls, we recommend sending a cease and desist letter to Helvey and Associates. Here is a sample letter that you can use:
[Your Name]
[Your Address]
[City, State ZIP Code]
[Date]
Helvey and Associates, Inc.
1029 E Center Street
Warsaw, IN 46580
Re: [Account Number]
Dear Helvey and Associates,
I received your letter and phone calls regarding the above referenced account. Please be advised that I am disputing this debt and requesting verification. Please stop contacting me immediately. I am requesting that all communication come in the form of U.S. Mail.
Sincerely,
[Your Name]
If Helvey and Associates continues to call you after receiving this letter, they may be violating the FDCPA and you may be entitled to damages.
Conclusion
Helvey and Associates is a debt collection agency that has been in business for over 70 years. They specialize in collecting debts on behalf of utility companies like Duke Energy. If Helvey and Associates is on your credit report, you have the right to dispute the account with the credit bureaus.
The best way to remove Helvey and Associates from your credit report is to dispute the account and avoid engaging with the debt collector at all costs. If you are being called by Helvey and Associates, we recommend ignoring their phone calls and sending a cease and desist letter instead.
Things Debt Collectors Cannot Do
According to the Fair Debt Collection Practices Act, there are a number of things a debt collector can and cannot do. Here are some of the most important ones you should know about:
Harass, oppress or abuse you or any other person they contact while collecting a debt.
Use threats of violence or harm against you, your reputation or your property.
Use obscene or profane language.
Publish a list of consumers who do not pay their debts (this is considered an invasion of privacy and could be embarrassing or damage your reputation).
List your debt for sale to the public.
Make false statements, such as telling you that you’ve committed a crime or that you will be arrested.
Say that they are going to seize, garnish, attach or sell your property unless they intend to and it is legal to do so.
Threaten to sue you unless they intend to do so.
Send you anything that resembles a court document unless they intend to bring a lawsuit against you.
Use a false company name.
Claim to be a lawyer if they are not.
Claim you will be arrested if you do not pay.
Falsely claim they are sending or transmitting information to a consumer reporting agency.
Threaten to take any action unless they intend to take that action.
Claim to work for a credit bureau.
Misrepresent communication to you is from an attorney.
Tell you they operate or work for a credit bureau.
Misrepresent the character, amount, or legal status of a debt.
Misrepresent representation or endorsement by any attorney, federal or state agency.
Threaten to take possession or damage property unless legal to do so and intend to do so.
Use deceptive means to collect debt.
Make false representations of debt.
Fail to clearly disclose name of collection agency and purpose of communicating.
Fail to give consumer required debt collection letters.
Impersonate any federal or state agency or official.
Fail to identify clearly whom they are collecting a debt for.
Claim that they are an attorney or a law firm when they are not.
Claim that papers being mailed to consumer are legal documents when they are not.
Threaten action against consumer that they do not intend to take or is legally able to take.
Fail to identify clearly the purpose of communication.
Claim that nonpayment will result in arrest, or garnishment of wages, or seizure, attachment, repossession of property unless it is legal to do so and intend to take that action.
Make false, deceptive, or misleading representations re: goods and services associated with debt collection.
Claim to be associated with the United States or any state government when they are not.
One federal lawsuit against Helvey and Associates alleged that a company representative threatened to garnish disability payments. The 16 federal FDCPA lawsuits filed against Helvey and Associates demonstrate that consumers have successfully challenged this company’s practices in court. When collectors violate these laws, consumers may be entitled to statutory damages of up to $1,000 per violation, plus actual damages and attorney fees.
Things Debt Collectors Can Do
Contact you by phone, letter or email, but not before 8 a.m. or after 9 p.m. unless you agree to it.
Inform others about your debt, but only if they are authorized to know that information.
Sue you for the amount you owe and ask for a wage garnishment or other means of satisfying the debt.
Report negative information about you to a credit reporting agency.
Use various types of mail, such as certified or overnight mail, to send letters and notices to you.
30-Day Rule to Have It Removed
If you dispute the item on your credit report, the credit bureaus must investigate within 30 days. If the collector cannot verify the debt with accurate, complete documentation within the investigation period, the credit bureaus must remove the disputed information.
The 30-day rule almost always favors the consumer when dealing with collection accounts. The reason is that the collection agency typically will not respond with the proper verification documentation within the allotted time period. This is because most debt has been bought and sold so many times that the documentation has been lost or destroyed. The chain of custody is broken.
Complaints against Helvey and Associates allege that this agency commonly ignores consumer requests for debt verification. Instead of ceasing collection activities upon request, Helvey and Associates continues to attempt to collect the debt without providing verification.
If Helvey and Associates fails to verify the debt and provide all of the required documentation within 30 days, then the credit reporting agency must delete the item from your credit report. This is not a loophole or trick to get out of a debt. This is your right as a consumer.
Why You Should Always Dispute Inaccurate Information First
If you have an account with Helvey and Associates on your credit report, you should always dispute the account first. Never pay off a collection account without disputing it first.
When you dispute a collection account, you are preserving your right to negotiate for a deletion later. If you pay the account, you have just admitted that the debt is valid. If you dispute the account first and the collection agency can’t validate it, then you can have the account removed from your credit report.
Even if the collection agency can verify the account, you can still negotiate to have it removed. You can settle the account and have the collection agency agree to remove it from your report.
You should never call a collection agency and make a deal over the phone. You need to get everything in writing so you have a paper trail. Most consumers don’t know how to negotiate with a collection agency, so it is best to have a professional do it for you.
Collection agencies will often try to call you and negotiate a settlement over the phone. Do not do this. Instead, tell the collection agency to stop contacting you and communicate only through the mail.
Why You Need a Professional to Help You
It’s important to understand that you will need a professional to help you with the dispute process. They can help you identify what you need to dispute. They can also help you craft a dispute letter and get it to the credit reporting agency within the required amount of time.
Helvey and Associates commonly charges unauthorized fees on debts it attempts to collect. The Irving class action lawsuit reveals how systematic practices can create vulnerabilities for collectors. This can include late fees and interest charges that were not part of the original agreement.
If Helvey and Associates is collecting a debt from you and has added fees you did not agree to pay, this can make the debt harder for the company to verify if you dispute it.
A professional credit repair expert understands how to identify these types of issues and use them to your advantage when disputing accounts. This is one reason why working with a professional typically yields better results than trying to repair your credit on your own.
What to Do When Helvey and Associates Contacts You
If Helvey and Associates is contacting you, it’s important not to admit to the debt over the phone. Instead, tell the company to stop contacting you and to only contact you through the mail.
You will also want to request a copy of your credit report from each of the three credit reporting agencies. This will show you exactly what Helvey and Associates is reporting about you.
You should also start keeping records of any communication you have with Helvey and Associates. This includes saving any letters it sends you. You should also keep a record of any phone calls, including the date and time of the call and a summary of what was discussed.
Why You Should Hire a Professional Credit Repair Service
If you’re dealing with Helvey and Associates, you should consider hiring a professional credit repair service to help you. The company has a history of violating consumers’ rights and not responding to disputes.
A professional credit repair service can help you navigate the laws that apply to credit reporting and debt collection. The company can also help you get negative items removed from your credit report, which can help improve your credit score.
Take the First Step to Repairing Your Credit
Do you need help repairing your credit?
At FightCollections.com, we can help. Our professionals will guide you through the process and help you understand your rights as a consumer. We will also help you communicate with Helvey and Associates and the credit reporting agencies to get negative items removed from your credit report. Helvey and Associates maintains only a 14 percent complaint resolution rate at the BBB.
Contact us today to learn more about how we can help you overcome credit problems associated with Helvey and Associates.
