Credit agency harassment and threats. What can I do? Please Help!?
I have this credit card company who I have used. I lost my job two months ago and I have not been able to get one. I told them that and that is why I can't pay right now. It's not that I am not wanting to pay. I have counted on my call ID log, 32 calls from them every day. I have to turn my ringer off. They will even call me on holidays, and at 2am in the freaking morning. They seem to think my situation will magically change every hour of the day 7 days a week. They have asked me to borrow money from someone. My problem is not someones pocket I told them. They told me to get a job asap. I said I'm making all the effort to be able to do so. Not for this, but life in general.
When is the line crossed to harassment and is there anything that can be done about this?
- Anonymous1 decade agoFavorite Answer
This is a clear violation of the Fair Debt Collection Practices Act (FDCPA)! Constant calling a person at a particular # is a harassment and annoyance. Calling at 2am is clearly unacceptable. You need to send a letter to State Attorney General's Office - just Google yours in your home State. Send them a complaint and also document on a complete list all of the incoming calls (especially the one from 2am in the morning) and submit this with your complaint. Also contact the Federal Trade Commission as well - they have regulatory jurisdiction oversight with regard to the FDCPA. Also, one last thing, send this bank a Cease & Desist Letter. It should say the following:
Notice To Debt Collector To Cease and Desist Communications
INFORMATION REGARDING ORGANIZATION TRYING TO COLLECT A DEBT (PLEASE PRINT):
Debt Collector: __________________________________________________________________________
Street # and Street Address of Debt Collector: __________________________________________
City, State & ZIP of Debt Collector: ____________________________________________________
INFORMATION REGARDING CONSUMERS (PLEASE PRINT):
Consumer Name(s): _______________________________________________________________________
Consumer Street # and Street Address: ___________________________________________________
City State and ZIP of Consumer: _________________________________________________________
Please be advised I (We) the aforementioned consumer(s), are requiring your debt
collecting organization to cease and desist with all further communication with regard
collecting any alleged debt. We, the consumers, reserve the right to record any and all
communications with Debt Collector and (if found to be in violation of the law) shall fine
Debt Collector $1,000.00 per violation. This demand notice has been generated with
• regard to the following law: United States Code, Title 15, Chapter 41, Subchapter V
– Debt Collection Practices
Section 1692c. Communication in connection with debt collection
(b) Communication with third parties
Except as provided in section 1692b of this title, without the prior consent of the
consumer given directly to the debt collector, or the express permission of a court of
competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial
remedy, a debt collector may not communicate, in connection with the collection of any
debt, with any person other than the consumer, his attorney, a consumer reporting agency
if otherwise permitted by law, the creditor, the attorney of the creditor, or the
attorney of the debt collector.
(c) 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 collector shall not communicate further
with the consumer with respect to such debt, except -
(1) to advise the consumer that the debt collector's further efforts are
(2) to notify the consumer that the debt collector or creditor may invoke
specified remedies which are ordinarily invoked by such debt collector or
(3) where applicable, to notify the consumer that the debt collector or
creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon
Aforementioned Debt Collector’s compliance and adherence (with regard to this Cease and
Desist Notice) is hereby required by the undersigned:
Signature of Consumer: ______________________________________ Date: _______________
Signature of Consumer: ______________________________________ Date: _______________
Ask an attorney if you need help in understanding this form before you send it - it was approved by legal counsel prior to common use and is only a sample.Source(s): www.SmartSolutionsFS.com, www.FindLaw.com
- Margaret JLv 41 decade ago
5 Ways to Deal with Debt Collection Agencies
1. Phone Calls
You have to be extremely careful when you speak to debt collection agencies on the telephone. Sometimes they contact you with debts that are ages and ages old, or ones that don’t even belong to you. However, if you become confused and acknowledge the debt on the telephone with them, you could make yourself responsible for said debt. It’s not advisable to speak to debt collection agencies on the telephone. Even if you know which debt they are talking about, let them know that you are not familiar with it and ask them if they could send you proof of the bill and further information on it.
2. Get the Name of the Collection Agency
Another very important tip is to get the debt collection agency’s name. This will allow you to research it and find further information on the company and their practices. There are many debt collection agencies that are notorious for scamming individuals into paying old debts or debts that don’t belong to them, as well as using questionable behavior in order to make people pay those debts.
3. Debt Validation
If a collection agency contacts you about a debt you truly don’t recognize, do not send them any payments. You have the right to demand ‘debt validation,’ which means that the company must show you proof that the debt belongs to you. They will have to send you something through the mail that documents the debt as yours. Of course, if they cannot prove that the debt belongs to you – in most places you are not required to pay it. Also, if there is no proof that the debt is yours and it’s on your credit report, you can get it removed.
4. Fair Treatment
The Federal Trade Commission insists that individuals are treated fairly by debt collectors. Just a few of the laws that protect people demand that debt collection agencies do not harass individuals – this includes calling them at work, making threats or continuing to call after the individual has requested to be left alone. Find out what laws apply to you and what actions you can take if you are harassed or treated unfairly by debt collection agencies.
5. Cease and Desist Letters
If a debt collection agency continues to harass you, call you after you’ve asked them to stop or make threats – send them a cease and desist letter. This is basically an official letter that requests that the debt collection agency stop harassing you. When you write this letter, keep documentation of it and fax it to the company so you will have a copy. Another thing you can do is send it certified mail so you receive a receipt when someone at the company signs for it. If after this letter is received by them, you continue to be harassed, you may need to take legal action to protect yourself.
Debt collection agencies can be very insistent and often times use methods that are unfair and considered illegal. Use these five tips to help you deal with them in the proper methods.
All the bestSource(s): www.lawfirms.com
- JeeVeeLv 61 decade ago
Are you talking to the actual credit card company or a collection agency? If the second contact the card company directly ?
Is your credit card linked to your bank account?
Can you tell the bank to deduct some token amount like $50 or whatever the minimium payment is per month?
- cormanLv 44 years ago
I trust Brian's submit with one massive exception. do not sign something you deliver to the sequence company. additionally do not deliver them any "id standards". some are standard for soliciting for drivers licenses or 'magically' making records seem "with signatures". "it would be extremely helpful which you assure that your records are so as till now i'm pressured to take legal action. this is an attempt to ultimate suited your records; any information won would be used for that objective. thank you, revealed call" different than that, honestly checklist any/all phonecalls you get from them (the two in the event that they say "call may be monitored" which they wont, or verify your state regulation as to consent matters). Any recordings/letters will count quantity even with the undeniable fact that. in the event that they pass away a voicemail threatening legal action, do not delete it. It is composed of wording, "legal action" could desire to intend "what we are legally allowed doing". in the event that they say "take you to courtroom" or "garnish wages", and that they DONT take you to courtroom: this is a contravention. So here steps are what you should take right this moment: a million: deliver out the letter CMRRR (qualified Mail return Receipt asked) or registered mail (CMRRR is greater suitable) 2: shop all voicemail, correspondence, and attempt to checklist despite you are able to 3: in the event that they nonetheless malicious program you when you have the letter, only shop counting the situations. each offence is extremely worth a grand in small claims courtroom and actually provable in case you have recordings.