Need help with debt collectors

[LittleNemoNES]

Ok we're in the hole and want to get out.

1 thing is driving us nuts: phone calls :'(

So then, is it true that if you write a letter to the debt collecting agency they cannot contact you any longer?

How would you go about this single item? Answer and request their address?

Thanks!

 

[amdhunter]

Change your phone number...they'll keep calling otherwise. Make sure it's unlisted. Go to a monthly prepay plan if you have to.

How much in the hole are you?

 

[SunnyD]

First, over the phone you state that they may not contact you further regarding this debt. That buys you 2 weeks I believe. Second, a certified letter telling them to stop all attempts at contacting you. This buys you the rest of the time they hold your account. If they contact you in the meantime, you record date/time and conversation, then file a lawsuit against them for violation the Fair Credit whatever and collect your $$$.

Key in all of this is to keep records.

Or just change your phone number. Google Voice is great for things like this.

 

[darkxshade]

writing a check to the collection agency usually stops calls too.

 

[raystorm]

How bad is the debt? Do you really owe this money? If you do owe the money then just strike a payment deal with them and that should end the calls. Avoiding it will cause more problems in the future.

 

[mshan]

On Carmen Wong Ulrich's CNBC show "On The Money", her guests mention this really powerful consumer protection law (forgot the name) that you need to specifically need to mention during phone calls from collectors.

It is apparently a law that really has teeth, so if they are pursuing unlawful or unethical tactics, that might persuade them to stop (at least the illegal practices).




edit: did a quick google search and it might be called the Fair Debt Collections Act (not sure, though). Look around Carmen's website.

 

[Ausm]

Bill collectors rank right up there with used car salesman and bottom feeding lawyers

 

[FoBoT]

are you talking about a valid debt you owe or are you talking about a situation where they are telephoning about an invalid debt

 

[sourceninja]

§ 805. Communication in connection with debt collection
(a) COMMUNICATION WITH THE CONSUMER GENERALLY.
Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt—

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication fromthe debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

...

CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collec- tor shall not communicate further with the consumer with respect to such debt, except—
(1) (2)
to advise the consumer that the debt collector’s further efforts are being terminated;
to notify the consumer that the debt collector or credi- tor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
6
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified rem- edy.
If such notice from the consumer is made by mail, notifica- tion shall be complete upon receipt.
(d) For the purpose of this section, the term “consumer” in- cludes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

 

[sourceninja]

Basically, write them a letter citing the parts of the Fair debt collection act and telling them you do wish them to cease all communication. Do this in a certified letter.

Know that they only have one option left to get their money at that point. It is to sue you or repo whatever you they legally can.

But if they contact you again (beyond the allowed contact of telling you their remedy) you can sue them.

*I was a collector for a horrible evil collection agency. I didn't have a choice as I needed a job. They were ripping people off, keeping them in debt forever. I learned all I could about the system, then I got myself fired for unemployment while I find a job that didn't make me feel like a complete asshole.

 

[HannibalX]

Basically, write them a letter citing the parts of the Fair debt collection act and telling them you do wish them to cease all communication. Do this in a certified letter.

Know that they only have one option left to get their money at that point. It is to sue you or repo whatever you they legally can.

But if they contact you again (beyond the allowed contact of telling you their remedy) you can sue them.

Uhhh, as you mentioned that's an excellent way to get sued.

What you SHOULD tell them is that you will only discuss your accounts in wiring and that they may not call you for any reason. All corespondents and negotiations will be done in writing. Once you have notified them they can't legally call you.

 

[Raduque]

Certified letter with a limited Cease and Decist + debt validation. DO NOT SIGN IT.

This will force them to only contact you via writing and will force them to validate the debt, in otherwords, they won't be able to continue collection actions while they pull together all the documentation that proves you owe the debt and that it is still within the SoL for collection and reporting.

creditboards.com is great for this sort of information. They'll help you get your letter sounding right and educate you further on your options and the laws that are on your side.

edit: If they refuse validation, or if they don't provide what you feel is enough documentation per the FDCA you can inform them of the fact (in writing, certified ALWAYS CERTIFIED) and either request proper validation which keeps them from collecting, or inform them they have not validated the debt and as such, you do not owe them anything. Then, dispute with the reporting agencies in writing and have it removed.

 

[FoBoT]

if we had those little "vote for the right answer" things, i'd go with Raduque

 

[Hacp]

File for bankrupcy. That'll tech those debt collectors.

 

[alkemyst]

First, over the phone you state that they may not contact you further regarding this debt. That buys you 2 weeks I believe. Second, a certified letter telling them to stop all attempts at contacting you. This buys you the rest of the time they hold your account. If they contact you in the meantime, you record date/time and conversation, then file a lawsuit against them for violation the Fair Credit whatever and collect your $$$.

Key in all of this is to keep records.

Or just change your phone number. Google Voice is great for things like this.

You can request no contact via phone...you can not block them from writing you unless you have an attorney and then he'd get any correspondence.

 

[PsiStar]

Also, get Google voice ... you not only filter calls, but give certain ones a number disconnected message.

Good luck on digging out, but at least you will have your phone back.

 

[Viper GTS]

Raduque has the right answer here. FDCPA is your friend, & creditboards will tell you how to wield it effectively.

Viper GTS

 

[Raduque]

Raduque has the right answer here. FDCPA is your friend, & creditboards will tell you how to wield it effectively.

Viper GTS

And if you're in Texas, the Texas Financial Code is an even bigger stick, with spikes on it. :awe:

 

[bignateyk]

Why is it illegal for someone you owe money to and aren't paying back to call you?

 

[Raduque]

Why is it illegal for someone you owe money to and aren't paying back to call you?

It's only illegal if they call during certain hours, call several times a day, call your place of employment, call your neighbors/family/friends, call you with threats, and call after you've told them not to.

Edit: As an aside, I don't believe you should owe money to a company just because they "bought the debt". You didn't enter any contracts with them to pay money for services. The only valid, legal debt should be to the company you signed a contract with.

 

[mshan]

I think I remember reading that these debt collection agencies buy those obligations from original company at pennies (?) on the nominal dollar.

I think those agencies don't expect to collection on all bought debt, or even recoup original face value.

If OP's debt is valid, what is typical amount of original nominal debt that these agencies are willing to accept?

 

[rudder]

How bad is the debt? Do you really owe this money? If you do owe the money then just strike a payment deal with them and that should end the calls. Avoiding it will cause more problems in the future.

Yeh you can possibly settle for cents on the dollar if negotiate. However... GET ANY DEALS IN WRITING... before you send money, or they will screw you over.

 

[nick1985]

pay your bills

 

[Raduque]

pay your bills

Shut up.

 

[SunnyD]

You can request no contact via phone...you can not block them from writing you unless you have an attorney and then he'd get any correspondence.

Yes, correct. I neglected to point that out because we were discussing phone calls, but you are correct and that needs to be addressed.