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#35
08-19-2009, 05:12 PM
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Write Letter saying "Stop All Calls."
Read about "Debtor Rights" on the internet. They have debtor right handbooks available on the internet.
You can send them a letter called a "Cease and Decist all Calls Letter" and mention the phone number that you do not want them to call. You have a right to tell them to "Stop all calls." I believe this is your Debtopr right. Then ask to be communicated with only by ground mail. You can mention bankruptcy if you are going that route or simply tell them you have no money if you are unemployed etc. |
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#38
08-19-2009, 08:30 PM
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Question All Debts
Before you begin to start paying any online payments, you had better make sure the debt is owed to these guys. You have no idea who they are and if they can't provide a "PROOF OF DEBT" statement, then question the debt. Contact the original account holders and find out if this company has a right to collect. The FTC, Federal Trade Commission takes complaints against Collecton agencies if they are illegally collecting debts. I believe it is unlawful for collectors to collect on a debt when you don't owe them money. So ask for a "proof of Debt statement" first before paying any thing. Just to make sure you might ask the original creditor if they are handling the account.
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#39
08-19-2009, 08:38 PM
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Legal Proceedings
It is illegal to threaten legal proceedings, from what I know, they can't tell you to agree to a payment plan or they will sue you, from what I know this is illegal. Consult your attorney about this being I am uncertain. It cost them money and time to sue you so they want to settle and sometimes they will settle the matter for much less than what you owe.
There are books and on the interent there are "Debtor Rights Handbooks" available on the internet. Debt collectors can call but must only state specific information and they can't call any time they want. You have a right to tell them the means by which you want to communicate, in other words, you can send them a letter saying not to call and that you only want to communicate by letters. This will stop the agressive collection calls that drive us all crazy when debt collectors call. You have a right to send them a "Cease and Decist all Calls" letter. Then just tell them to communicate with you via snail mail. This will give you time to respond to there requests. If you have little money and are unemployed, simply tell them that in your letter. If you are considering bankruptcy, let them know. If you want to settle the matter for pennies on the dollar, make an offer. Really, the best way to communicate with any debt collector is by mail because it stops the rude phone messages and rude collection efforts. If the Debt collector continues to call you, you can tell them they might be in violation of the law because you gave then notice not to call you and to only contact you via email. Make sure to send letters by obtaining a certificate of mailing or proof of mailing. Really, go to any book store and buy a book on debtors rights and you will avoid a huge problems. |
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#40
09-22-2009, 11:33 AM
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mad
This company is ruthless. Dont let them jerk you around. If you are making payments there is nothing they can do. I have a debt with them and they did the same thing to me. Treating and trying to intimidate me. They even told me that I cannot send in payments. I had to go online to get their address because they would not give it to me over the phone. It seems to me they try to avoid doing things in writting because they cannot be jerks if they do it that way. If they continue to threaten you or call continuously just tell them they will be sued for harrassment.
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#41
12-04-2009, 11:02 AM
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A Bill Collector
Advice from a debt collector (that's me). ANY TIME you are told NOT to send in a payment because it is too small.. SEND IT.. Ignore a collector's words if they are being rude or threatening. We have NO BUSINESS being that way. I can't stand collectors that give my job a bad name. It's not like people ask to go into debt anyways. I just ask for honesty from the people I am working with to resolve a debt. My thoughts-to make ANY payment toward a bill, is better than doing nothing because it shows you are TRYING from your end to resolve it. If anyone is having collector issues, please feel free to email me. I am happy to share what I know from doing this for 10+ years.
TZappier@gmail.com |
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#42
12-29-2009, 08:31 PM
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Collection agencys only have a certain amount of power. They can't call and act rude and threaten you, this is harrassment and you can tell this this. Technically you might be able to report there actions to the Police, just to have the record. About the calls, you can send them a letter knows as a "Cease and Desist All Phone Calls" this will stop them from calling you. Now the phone harrassment "STOPS." Next, have them validate the debt with you, always chack the signatures and make sure that the debt indeed was handed over to them to collect. Next, This will at least buy you time to get your debts figured out. If you need to claim bankruptcy, you might want to tell them this and mention you are drowning in debt. Sometimes they will settle a large debt for a few hundred dollars. if you work part time and are prone to pay off. Mention medical and Dental conditions you might have because they might back off. Technically, lawyers are to follow a code of ethics and you can file a complaint with your State Bar Association if they threaten you etc. After 7 years or so, a bad can fall off your credit report all together, depending on what kind of debt it is, I believe. If you start payments with them, I also believe you prolong this time limit. I personally would try to settle the debt for much less than what is owed, in one lump sum payment, when you could afford it. This prevents your monthly payments etc, ground mail etc. Also, look up "Debtors rights" on the internet. Your a debtor if you owe money.
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#43
02-22-2010, 08:29 AM
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I just got done dealing with these guys. Like many collections agencies these days they operate out of a law office. Don't be fooled: they may say that they are a law office but they must operate by the rules of a collection agency. They must adhere to the FDCPA (your best friend when dealing with any debt collector).
I remember when they first contacted me 2 years ago. They strategically didn't state that they would sue if I didn't pay them $4000 that day (if I had 4k I wouldn't have had a credit card written off while I was unemployed) they did pressure me into a payment plan, which I did. Don't make my mistake: if they call and demand a large amount of money by the end of the day (their typical strategy) tell them you don't know who they are and they must validate the debt in accordance with the Fair Debt Collection Practices Act. That will buy you some time, irritate the person on the other end of the phone (hopefully) and let you look at your options. The law says they must do this before they can proceed with further debt collection actions. In fact, they cannot even file for a judgment. When (if) they validate the debt, make sure you check and see if the debt is time-barred in your state. It very well may be; collection agencies routinely try to collect on debt that is outside the statute of limitations. In my state (Virginia) the statute of limitations is three years from the last payment. Each state will vary. This point is important to note when dealing with JP: they are not allowed to charge interest. Once an account has been charged off by the original creditor and bought by an investment group (read collection agency) they are not allowed to collect a single penny of interest. The firm knows that, but collections agencies will try to collect every red cent they can whether it is legal for them to do so or not. If you do set up a payment plan, they will try and tack on interest to the tune of 32%. If they do, contact the Federal Trade Commission and file and complaint. You may also be entitled to legal action under the FDCPA, as the law states that collection agencies are not allowed to charge interest. You are not required to pay interest or fees to any collection agency. Above all: they may try and play hardball. They will be rude over the phone. Before calling them, do your homework (this site is excellent) and remember: these people are parasites. They are not your friends, they are your enemies. They will try and collect money you don't even owe. Pay the money you owe, because that's your responsibility. But don't pay anyone who can't validate the debt, who demands money past the statute of limitations, and refuse to pay interest to any collection agency. |
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#44
Yesterday, 11:55 PM
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Wow beachdude how misinformed you are;
1. They can collect interest if your state (most) and the contract you sign allows it 2. Just because its past the SOL date has no implications, you still owe the money and are obligated to repay your debt, collecting past the SOL is perfectly legal. 3. If a law office calls you they are a legit law office that do collections, garnishments, liens and judgements are never too far outside the relm of possibility unless its past SOL or doesn't meet legal criteria 4. They make you secure with checking info because if they believed checks in the mail let's fraace it you probably wouldn't send it in besides if you sent in a check they still have your account info its not any more secure and they can't wipe you clean unless you have a judgement permitting it |
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#45
Yesterday, 11:55 PM
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Wow beachdude how misinformed you are;
1. They can collect interest if your state (most) and the contract you sign allows it 2. Just because its past the SOL date has no implications, you still owe the money and are obligated to repay your debt, collecting past the SOL is perfectly legal. 3. If a law office calls you they are a legit law office that do collections, garnishments, liens and judgements are never too far outside the relm of possibility unless its past SOL or doesn't meet legal criteria 4. They make you secure with checking info because if they believed checks in the mail let's fraace it you probably wouldn't send it in besides if you sent in a check they still have your account info its not any more secure and they can't wipe you clean unless you have a judgement permitting it |





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