View Full Version : Dealing with harrassment from a collector


Karen
Hi,

My family is in a very bad but hopefully temporary financial situation. We are currently getting lots of calls from collectors (for legitimate debts). Most have stuck to the routine of asking if I can make a payment and explaining potential outcomes if I say I cannot make the requested payment at that time.

But today I got a call from a new person on a particular account. After we went over all of the same info. I've told three other people, she asked if I have asked family or friends for help. I told her we are already receiving help, that family members are paying our health insurance so we don't lose it. She persisted, asking if anyone we know has a credit card with a credit limit large enough to take on our debt. I said even if we knew someone who could, I didn't feel that it was the responsibility of our friends or family to pay for our debts.

She then started raising her voice and lecturing me on how I need to quit "playing around" and come up with the money, period. When I told her not to lecture me, she only raised her voice more. At that point, I stopped listening to her words. I asked if I could speak with her manager. She asked why. I said that I understand I owe money and I understand that she can tell me that the creditor may take X,Y,Z actions if I don't pay the amount they are asking for right now (we are making minimal "gesture" payments), but that I didn't think it was her place to lecture and yell at me. She continued ranting. I said, "Will you transfer me to a manager, yes or no?" When she refused to answer, I hung up. I was in tears. I called back to make a complaint. The man I spoke with said he would "make a note," but when I asked for his name, he hung up.

I started searching online for ways to make a complaint about a debt collector and found this forum. Thanks to it, I also found a copy of the Fair Debt Collection Practices Act. I believe the actions of the collector could be considered harassment under the act, but the Web page I found says nothing about making a complaint. It is housed on the FTC's site, which allows for online complaints. As yet I have not made one.

Am I wasting my time? I can't prove what happened on the call. I don't want to sue or try to get out of my debt because of this. I just want the collection agency to know about the actions of their employee or representative (that she might be reprimanded or fired), and a regulatory agency (if there is one) to get a copy of my complaint. Does anyone have any suggestions or experience with this?

Also, I have learned from this site and the FDCPA that I can send written notice to the collector not to call. But what do I do if they call again (and how do I prove it)?

Thanks in advance for any help, and if not, just for providing me an outlet. It's hard enough being in the situation that we are in without some stranger berating me and accusing me of not taking it seriously.

qofther
I can't answer all of your questions but I can tell you from experience that sending a letter, getting a return receipt with signature so you can prove they received it, will get them to stop calling period. I stupidly signed up with a settlement company (long other story) that sent me these letters to send to my creditors myself. I did so and I never received any more calls, just letters offering settlement. These letters (that I sent) listed which codes and laws they would be violating if they called me. If you want I can post next week and list those codes if it would help you. At least you don't need to be in tears from these nasty people any more. I honestly don't know how they can make any living and be happy about it being so mean to people.
Kari

Christine
I agree, don't talk to collectors unless you have Morgan's humor (http://bayhouse.com/credit-forum/showthread.php?s=&threadid=271)

If you weren't broke, I'd recommend you buy a recorder.

There's lots of info and generic letters in the Legal and Reference section.

tac
Here is what you need to do.....

Since it doesn't seem like your intrested in validation here is what I suggest.

First send this letter off to them.....

This is a request to cease & desist general communication with a collection agency. Send as certified mail, return receipt requested.

«Your Name»
«Address1»
«Address2»
«City», «State» «Zip»

«Company»
«Address1»
«Address2»
«City», «State» «Zip»

«Date»

RE: Account #_________/Original Creditor’s Name

Dear Sir/Madame:

This will serve as your legal notice under federal law, "The Fair Debt Collection Practices Act," to cease all communication with me in reference to the above account. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission responsible for enforcement, the state Attorney General’s Office, as well as the American Collector’s Association which monitors for noncompliance.

I choose not to work with collection agencies under any circumstances, and will contact the original creditor to resolve this matter directly with them. Should any adverse items be placed on my credit report as a result of this notice I will be forced to seek legal action against you and your client.

Sincerely,

«Signature»
«Your Name»

They will NOT and cannot contact you in anyway unless it is basically to state they are suing you or that they intend to cease collection of the account.

I have never had a collector contact me once sending this out, be advised it MUST be sent certified and registered!

This is your proof that you sent it and that they received it.

If they contact you again after receipt of this letter you should write down the time/date and name of the caller and a summary of what the conversation entailed. Do not debate with them over the phone, let them know of your cease and desist letter to them and hang up.

I would then contact the Attorney General's Office of your state and file a complaint with them, they will investigate free of charge and believe me they will stop then!!

You can then go online and file a complaint with the better busines bureau about them.

You could contact the FTC but they will only file your complaint and do something when the complaints from consumers gets to be overwhelming. At the very least your complaint along with others could push it to get them to sue the company, it has happened in the past where the FTC sues the CA for big, big money!!

I wish you luck, using what I described should most certianly solve your problem short of a lawsuit.

Tac

Christine
Just for the record:

"I choose not to work with collection agencies under any circumstances, and will contact the original creditor to resolve this matter directly with them. "

There is no legal basis for this statement. Why not send a letter to every creditor and tell them that you "choose to not owe any longer" - while you can "choose to ..." whatever you want, this isn't a choice the FDCPA or any other legislation provides for.

When a collector buys your account, they own the debt and can sue you for it.

When a creditor decides to hire a collection agency, they also have the legal right to collect and if authorized, take legal action.

When somebody gives me a power of attorney to represent them, the creditor/collector can't just say they will only deal with my client directly - unless we get into legal issues and of course I can't represent a client in court, then it's time to get an attorney.

So, the only way to legally get the collection agency out of the picture is to file suit against the creditor. Most likely their legal department will then take over - unless the collection agency is an attorney.

As for a collector who owns the debt, it's a tough call between the collectors and the attorneys :)

Karen
I had wondered about that because we've tried contacting the creditor (a credit card company) and they won't arrange payments with us. When I asked what would happen if we mailed a payment to them, I was told it would be turned over to the collection agency. I then asked if our debt had been sold; I was told no. I don't understand. :confused:

To give a brief update, we finally got the collection agency to agree to accept a series of post-dated checks. (Previously they had been telling us our minimal payments were inadequate -- that we needed to pay our entire past-due balance or agree to a settlement offer, neither of which we are able to do right now. Ironically, they kept threatening us that if we didn't do either of these things the account would be turned back over to the credit card company, implying a lawsuit. But the credit card company has all but said they've washed their hands of us.) The collection agency said they would not call until there were no more checks, and they have not called thus far.

Another thing I don't understand is that a person from the collection agency told us our credit report would be worse off if we made these payments. I guess he meant as opposed to paying a settlement offer, but since that is not an option, we figured some payment is better than no payment. He said the collection agency hasn't made any "report" to the credit reporting agencies; I took this to mean that our credit report just shows that our account is late and that it doesn't show it is in collection. He made it sound like if the collection agency accepted post-dated checks that some terrible mark would be put on our credit. I don't know why giving them a series of post-dated checks is any different than the individual payments we had made in the past. Was this just another scare tactic? Thus far, we have done nothing to research our credit report; we just figured it was shot.

Christine
Karen, read Announcement to creditors and collectors - rev. 9-1-2002 (inquiries) (http://www.bayhouse.com/credit-forum/showthread.php?s=&threadid=496) and DO follow the links on settlements.

It sounds like the collector is currently NOT reporting, and maybe they WILL report if you send post dated checks.

I really don't know enough about your situation to advise you, I don't even know who the collector and creditor are.

You need to find credit reporting violations, especially the kind you can sue for, and then try to settle those violations, possibly for the amount of the debt and deletion. But again, can't really tell you what to do without knowing your situation. Here's an example:

7/25 fax to collector Genesis Financial - SETTLED! (http://www.bayhouse.com/credit-forum/showthread.php?s=&threadid=883)

And of course you should never talk to a collector unless you are recording.