Part 2 Debt Collection Through Communication / コミュニケーションで債権回収

Steven Gan is the president of Stellar Risk Management Services, Inc., a credit risk management consultancy specializing in commercial accounts receivable insurance, credit reports, financing, and debt collection. From 1992 - 2004, Mr. Gan was the founder and president of the first foreign owned debt collection company, Advance & Associates Co., Ltd., in Tokyo. Through numerous articles, publications, presentations, and television appearances, Mr. Gan greatly deepened the awareness and understanding of the importance of sound credit risk management throughout Japan. For more information please visit www.stellarrisk.com or call at 847-714-0121. スティーブン・ギャンはステラ・リスク・マネジメント・サービス社の代表取締役です。ギャンは1992年より2004年の12年間､東京でアドバンス&アソシエイツ（株）を経営しておりました。ギャンは様々な取材を受け、数多くの雑誌やテレビなどのマスメディアに与信管理･債権回収の"宣教師として紹介されました。日本における与信管理の重要性と理解度を高める活動をしてまいりました。2001年には､「青い目の債権取り立て屋奮闘記」を小学館より出版、多くの方々にご愛読いただきました。是非、http

Assertive Communication - 6 Tips For Effective Use

What IS assertive communication?

Assertive communication is the ability to express positive and negative ideas and feelings in an open, honest and direct way. It recognises our rights whilst still respecting the rights of others. It allows us to take responsibility for ourselves and our actions without judging or blaming other people. And it allows us to constructively confront and find a mutually satisfying solution where conflict exists.

So why use assertive communication?

All of us use assertive behaviour at times... quite often when we feel vulnerable or unsure of ourselves we may resort to submissive, manipulative or aggressive behaviour.

Yet being trained in assertive communication actually increases the appropriate use of this sort of behaviour. It enables us to swap old behaviour patterns for a more positive approach to life. I've found that changing my response to others (be they work colleagues, clients or even my own family) can be exciting and stimulating.

The advantages of assertive communication

There are many advantages of assertive communication, most notably these:

It helps us feel good about ourselves and others


It leads to the development of mutual respect with others


It increases our self-esteem


It helps us achieve our goals


It minimises hurting and alienating other people


It reduces anxiety


It protects us from being taken advantage of by others


It enables us to make decisions and free choices in life


It enables us to express, both verbally and non-verbally, a wide range of feelings and thoughts, both positive and negative

There are, of course, disadvantages...

Disadvantages of assertive communication

Others may not approve of this style of communication, or may not approve of the views you express. Also, having a healthy regard for another person's rights means that you won't always get what YOU want. You may also find out that you were wrong about a viewpoint that you held. But most importantly, as mentioned earlier, it involves the risk that others may not understand and therefore not accept this style of communication.

What assertive communication is not...

Assertive communication is definitely NOT a lifestyle! It's NOT a guarantee that you will get what you want. It's definitely NOT an acceptable style of communication with everyone, but at least it's NOT being aggressive.

But it IS about choice

Four behavioural choices

There are, as I see it, four choices you can make about which style of communication you can employ. These types are:

direct aggression: bossy, arrogant, bulldozing, intolerant, opinionated, and overbearing

indirect aggression: sarcastic, deceiving, ambiguous, insinuating, manipulative, and guilt-inducing

submissive: wailing, moaning, helpless, passive, indecisive, and apologetic

assertive: direct, honest, accepting, responsible, and spontaneous

Characteristics of assertive communication

There are six main characteristics of assertive communication. These are:

eye contact: demonstrates interest, shows sincerity


body posture: congruent body language will improve the significance of the message


gestures: appropriate gestures help to add emphasis


voice: a level, well modulated tone is more convincing and acceptable, and is not intimidating


timing: use your judgement to maximise receptivity and impact


content: how, where and when you choose to comment is probably more important than WHAT you say

The importance of "I" statements

Part of being assertive involves the ability to appropriately express your needs and feelings. You can accomplish this by using "I" statements. These indicate ownership, do not attribute blame, focuses on behaviour, identifies the effect of behaviour, is direcdt and honest, and contributes to the growth of your relationship with each other.

Strong "I" statements have three specific elements:

Behaviour


Feeling


Tangible effect (consequence to you)

Example: "I feel frustrated when you are late for meetings. I don't like having to repeat information."

Six techniques for assertive communication

There are six assertive techniques - let's look at each of them in turn.

1. Behaviour Rehearsal: which is literally practising how you want to look and sound. It is a very useful technique when you first want to use "I" statements, as it helps dissipate any emotion associated with an experience and allows you to accurately identify the behaviour you wish to confront.

2. Repeated Assertion (the 'broken record'): this technique allows you to feel comfortable by ignoring manipulative verbal side traps, argumentative baiting and irrelevant logic while sticking to your point. To most effectively use this technique use calm repetition, and say what you want and stay focused on the issue. You'll find that there is no need to rehearse this technique, and no need to 'hype yourself up' to deal with others.

Example:

"I would like to show you some of our products"
"No thank you, I'm not interested"
"I really have a great range to offer you"
"That may be true, but I'm not interested at the moment"
"Is there someone else here who would be interested?"
"I don't want any of these products"
"Okay, would you take this brochure and think about it?"
"Yes, I will take a brochure"
"Thank you"
"You're welcome"

3. Fogging: this technique allows you to receive criticism comfortably, without getting anxious or defensive, and without rewarding manipulative criticism. To do this you need to acknowledge the criticism, agree that there may be some truth to what they say, but remain the judge of your choice of action. An example of this could be, "I agree that there are probably times when I don't give you answers to your questions.

4. Negative enquiry: this technique seeks out criticism about yourself in close relationships by prompting the expression of honest, negative feelings to improve communication. To use if effectively you need to listen for critical comments, clarify your understanding of those criticisms, use the information if it will be helpful or ignore the information if it is manipulative. An example of this technique would be, "So you think/believe that I am not interested?"

5. Negative assertion: this technique lets you look more comfortably at negatives in your own behaviour or personality without feeling defensive or anxious, this also reduces your critics' hostility. You should accept your errors or faults, but not apologise. Instead, tentatively and sympathetically agree with hostile criticism of your negative qualities. An example would be, "Yes, you're right. I don't always listen closely to what you have to say."

6. Workable compromise: when you feel that your self-respect is not in question, consider a workable compromise with the other person. You can always bargain for your material goals unless the compromise affects your personal feelings of self-respect. However, if the end goal involves a matter of your self-worth and self-respect, THERE CAN BE NO COMPROMISE. An example of this technique would be, "I understand that you have a need to talk and I need to finish what I'm doing. So what about meeting in half an hour?"

Conclusion

Assertiveness is a useful communication tool. It's application is contextual and it's not appropriate to be assertive in all situations. Remember, your sudden use of assertiveness may be perceived as an act of aggression by others.

There's also no guarantee of success, even when you use assertive communication styles appropriately.

"Nothing on earth can stop the individual with the right mental attitude from achieving their goal; nothing on earth can help the individual with the wrong mental attitude" W.W. Ziege

Illegal Debt Collection Tactics Part 15: The name of the recovery of a cease communication notice

The Fair Debt Collection Practices Act, also known as the FDCPA, is the best protection of consumers against harassing collection calls, threatening letters, collections and other unethical methods that, according to federal law, are FDCPA violations, and may be fined up to $ 1,000 per violation and, where appropriate, arrest and detention. The U.S. Congress passed a law that was proposed by the FederalCommission in response to numerous consumer complaints about unfair or illegal methods used by third parties in order to recover debts.

Creditors often sell delinquent accounts to a third party for collection efforts, and are not always ethical or use collection methods that are within the law. The FDCPA has strict rules on the methods to collect may be used, and each year there are thousands of cases of consumption claims against companies for possible violations of deposit collections. Many of these claims before the court, and often the court rules in favor of the consumer. Every time we're dealing with a debt collector, you should be aware of what is covered by the FDCPA violations so you can protect yourself.

You should always ensure that when contacted by a collections company to have everything in writing. You need to have a letter of approval by the> Collections agent. There can be only a phone call. Also be aware that you can receive calls at home or gathered in working hours from 08:00 to 09:00. The exceptions to this rule if your employer prohibits personal calls during working hours, or if you feel that this is an inopportune time. You do not have libraries to provide the Company with a plea for the inconvenience, but you must make your request in writing. If you are contacted about a debt,and can demonstrate that it is a duty, the debt collector must cease all communication of any kind. The law is very explicit.

Some debt collectors can be very aggressive and verbally abusive. Can threaten to take their personal property and sell it, or threaten to arrest and imprisonment. You do not have to talk to them, and if they are repeatedly calling or harassing you, or sending threatening letters or postcards, is a FDCPAviolation of each case in order to keep track of calls and all forms of communication, whether by mail, fax or email. You can tell that I only want that the communication is in writing and must comply if the request is in writing. If the sign of the continued efforts of the debt after sending a formal letter, you must comply or they are violating the Fair Debt Collection Practices Act ifsent a letter can only communicate with you once more to inform the user about the status of the account. If you remain in contact after sending a letter of Termination of communication, are committing a crime in the FDCPA.