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Is there any means that can protect me from harassment?  

0
Hello,
This is Frankie. Am undergoing debts amounting over $ 15,000 from several credit cards. The collection agencies are harassing me all day long. At present I'm seriously not in a position to pay back much, but assure to clear all my debts in due time. Is there any means that can protect me from such harassment? Please comment
 

asked Nov 1, 2004 07:50 PM

frankie
Best Answer
8
best answer

Cease and Desist letters are good for one thing to be completely honest.. Getting the debt transfered to another agency. If this is the route you are prepared to go be sure to keep plenty of copies handy.

If you feel a debt collection agency is harassing you then you should do two things, one contact your AG to file a complaint and the next is to contact the origional creditor and explain to them what is going on (if they still own the debt). If they feel that you are being honest then they will pull the account.

If you are in deep credit card dept I suggest either going with a debt counseling service or file bankrupcy if you don't think you can pay back the debt within a reasonable amount of time. Think about it a bankrupcy is not as bad a several r9's on your credit report. Creditors are more likely to work with a bankrupcy on file then with many r9's.

A debt counseling service is the best route to go I think but each situation for each debtor varies. If you do go this route then make sure you get one of the most important pieces of paper this service provides. An accepted proposal letter from each creditor stating that they will agree to sending a set amount each month. This will usualy stop late fee's and will many times lower or void an intrest rate. However if you do not get an accepted proposal from the creditor late fee's and intrest will still apply and you will have to find another avenue to work with them. It is important to call your counseling service agent and make sure you get these for every creditor.

In most states one agency is allowed to contact you 3x in one day or 3x in one week but no more than 3x. Meaning they can't call and speak with you or leave a message for you more than 3 times in a 7 day poeriod. Contact is a key word in the first sentence. Contact includes speaking with you or leaving a message with someone in your home or on your voice mail. Most agencies use a dialing automated system that will usualy dial a number for a set amount of rings, if the system does not detec a voice mail or person within the set amount of rings that is not considered
contact.

If you feel an agency is calling you more than they should and you have more than one agency calling it is important to write down the number, date, time and the agents name if you spoke with them or they left a message so that you make sure that it is one agency violating the rules instead of different calls from different agencies.

I recently dealt with a debtor who was upset because she thought I was calling her and leaving several messages per week. It turned out that this was a brand new account I recieved that day and that was only one count of verbal contact on it that day. She had confused me with another collector and agency.


I'm not saying that there aren't agencies who break the laws and collectors who treat people badly. In face I believe they outweigh the good collectors out there unfortunatly. Harassment is not defined in the fdcpa because it is too broad of a word. I generaly define harassment as something that would make a person feel harassed ut I've also found that a lot of people consider harassment just by stating they owe a debt also.

answered Jul 26, 2006 03:53 PM

FYI

51 Answers

1

icon_surprised.gif icon_surprised.gif The fdcpa is legal and binding in all 50 states. Perhaps these guests should read the text of the law instead of their newsletter from the ACA!

answered Aug 5, 2007 04:47 AM

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In all honesty, people fall on hard times and predatory lending will always be an issue, but for God sakes, read the terms and conditions and know what you are getting into. Card insurances are a joke and cccs is a scam as well. I have read more mistruths about fdcpa in this thread then I can count so before you people start throwing around laws you havent researched make sure you understand that most of those laws only hold water in certain states. ( ie: the mini miranda). Just pay your bills. If someone owed you people money Im sure you would be calling them too. So grow up, you made your bed now sleep in it. Im sick of everyone counting on credit as income. Thats how you all wound up in this mess.

answered Aug 4, 2007 02:14 PM

Anonymous
0

Well nunya why don't you list the mis-truths that you cannot count. Also the FDCP is federal law which means it holds water in every state.

Oh, and if someone owed me money I wouldn't call them every day or threaten them. I just wouldn't loan them money anymore, file a suit if necessary and move on. And it doesn't matter why someone is in debt, CA's must follow the fdcpa, in every state.

answered Aug 5, 2007 02:47 AM

0

I hope you never lose your job or your business or fall on hard times because a loved one contracts a serious illness and runs up major medical bills. Honest people fall on hard times for a variety of reasons beyond their control. Furthermore, as several others have already pointed out, many of us are harrassed for debts we already paid or never even owed in the first place. I once fell on hard times due to a death in the family, but I repaid all my debts in due time, and it wasn't because bill collectors called and harrassed me at all hours of the day and night. I paid my debts as soon as I got back on my feet because that's the responsible thing to do. Oh, and by the way, I'm not a clown and I'm not irresponsible, unless you think earning a masters degree and flying helicopters for the U.S. Navy is some kind of joke. My point is, if I can fall behind repaying a debt, so can you. Whatever... you're nothing but a debt collection telecom dude making six bucks an hour. Hell, you probably still live in your Mom's basement. What do you know about mortgages, student loans, owning a business, etc. Perhaps you should change your name to Scuba Dick.

answered Oct 5, 2006 05:45 PM

Anonymous
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Anybody heard of them - dealing with them through a pay day loan company like PCT, or PCN -

answered Jul 13, 2006 09:02 AM

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how to stop harassing calls .told them that this not my bill, but they keep calling.

answered Jul 26, 2006 08:36 AM

Anonymous
0

Are they getting on your nerves or what?

answered Jul 26, 2006 01:19 PM

Anonymous
0

Same post in another thread - Mike

http://www.debtconsolidationcare.com/forums/about9162-1.html

answered Jul 26, 2006 01:20 PM

Anonymous
0

Just because a company pulls your name out of their ass and claims you owe some random ammount doesnt make us thieves!

answered Jul 26, 2006 01:43 PM

Anonymous
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