[frankie]

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

[Jason]

Hello Frankie.

Welcome to the debt consolidation care forum. We understand the turmoil you are undergoing. Firstly, we would suggest you to start of with debt consolidation. In debt consolidation, your debts will be eliminated and consolidated into one single amount. You can pay your debts in easy installments and get debt free within a short span of time.

It is true that you are responsible to pay your debts and the creditors have the right to contact you. However, by no means can a creditor or a collection agency harass you or disturb you. According to the Fair Debt Practices Act:

- debt collectors may not harass, intimidate, threaten, or embarrass you.

- Debt collectors may not make false or misleading statements, such as falsely associating themselves with a government office or credit bureau.

- A debt collector may only contact a person between the hours of 8 a.m. and 9 p.m. Debt collectors may not contact the consumer at his job if the debt collector is aware that the employer prohibits personal calls.

- A person may notify a debt collector in writing if he or she does not want any further contact with the collector. Once this notice has been received, the debt collector must stop all communications, except to notify the person that a specific action will be taken.

- A debt collector can discuss your debt only with your attorney, a credit bureau, the creditor, and the creditor's lawyer. However, the debt collector can contact other people to find out where the debtor lives or works.

So don't worry but take experts help to get rid of debts.

If you inform a debt collector that they may not contact you anymore, the debt collector has only two options, sue you for the debt, or send the debt back to the original creditor.

A much better idea is to send the debt collector a letter stating that all future contact must be USPS only. this avoids the problem of forcing the debt collector into suing you, plus they must abide by what you said, they may not call you anymore they may only send you letters. if they do call you it is a violation of the fair debt collections practices act, which you may sue them for.

can you do something in stopping all the phone calls by the collection agencies ? I felt humiliated and unable to sleep sometimes. After coming to this website, I now feel much relieved.

[Vikas]

A federal Act often known as the Fair Debt Collection Practices Act (referred as "fdcpa") gives the consumer a specific legal right to sue or take legal action against debt collectors who sometimes unlawfully threaten, berate, intimidate or harass you.

Even calling you during odd hours, or making false statements about the the debt can also be challenged under the Fair Debt Collection Practices Act.

can you do something in stopping all the phone calls by the collection agencies ? I felt humiliated and unable to sleep sometimes.

Are you aware of The "Mini-Miranda Warning" ?

Each time a debt collector contacts you, he must give you what is know as a "Mini-Miranda Warning" This warning received that name because it is reminiscent of the warnings that police should give you if you are arrested, however, "Mini-Miranda Warnings" have nothing to do with criminal law. A "Mini-Miranda Warnings must contain the following words (or words imparting this meaning):

"Hello, I am _________(name of collector). I am (or this office is) a debt collector representing____________(creditor). Information obtained during the course of this call will be used for the purpose of collecting the debt."

If the creditor has not been advising you as above, you may have a right to sue.

Take a step today and make a repayment plan to settle your debts, for more queries feel free to contact us or post in forums.

Regards
Vikas

[Vikas]

The fdcpa states:

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 -

can a agencey tell you that they will take your house, property from you because you owe a debt. Oh! bythe way the debt amount is 379.00 dollars. I was trying to work with them on this debt to let them knowwhat I can pay at the time until the debtis paid, he said if it not his way it's the highway for me what did he mean about that. do they have right to threat me like that.He ask me did i have a checking account i told him don't have which believe me, so he got very angry about why i didn't have a checking account which honestly i don't have one. He ask me did i have any relative that have a checking account that i can use i told him no, but he insist that he was not going to take it no other way. he said that he's not going to take it by money order.he said if it's not his way it's the highway for me. Have i been
voilated.If knew about fdcpa my blood pressure wouldn't 190/130 which could have had a stroke.

i get phone calls from monday-sunday this very depressing to agency calling you 7days out of the week. and just calling and not asking for a person name but instead they reading out a 800 number or a reference number with no name.

[redeemedsh]

Hello. I post at this site from time to time and am very grateful for finding it. I have had a small victory today and thought I would share. This agency, identifying themselves only as "Law Office" or "Metro Associates" had been calling my family harrasing them about a bill from 2002. They would not tell who they represented, or what kind of debt, only that litigation would follow if they did not receive payment. My sister was getting fed up, and gave me the 800 number. So, following advice that I have received from this site and using the information I've gleaned, I called them. First, they were not able to validate the "debt" owed, could not give me accurate information, and kept asking me for my social security number. One representative was even rude and yelled at me stating that "the calls would not stop until they got the money from me" and hung up in my face. After advising them that they can be sued for illegal collection practices, and giving them my attorney's name and number, and giving them a piece of my mind for pulling such an old bill up (Ameritech phone bill, which was paid off long ago, and Ameritech is my current phone service provider) I knew that they bought the name and number from another agency; the representative asked me if I had ever worked in collections. I told him no, but I was well versed in the FCRA and what can and cannot be done when collecting from consumers. THANKS debt consolidation CARE!!!

[roxette]

Hi redeemedsh

Welcome back to the forums.

We are extremely delighted that you handled the collection agent as a completely informed consumer aware of the fdcpa law.

We will continue to serve at the best of your interests and hope to erase all the debt related problems from the world. Without your support, we just can't achieve this victory.

We appreciate your posting and thanks for your regular stay in the forums.

Regards
Roxette

You people need to just quit whining an pay ur damn bills. Seriously if u payed them in the first place u wouldnt have this problem. Is it our fault that you lack the responsabitilty to take care of your debts. I deal with you clowns daily and its always the same old storie...blah...blah...blah...

[asr03782004]

thats not the point we pay our bills but we all fall on hard times, loss of a job, unexpected car repairs, the point is no one deserves to be harassed and now that we are all informed of the fdcpa laws then we can starting fighting back there is no reason that bill collectors need to be that rude, I sure hope you never fall on hard times scuba steve.

[vwh]

Scuba Steve,

You are the perfect example of why this forum exists. You talk about people paying their bills, if you would take the time to read the posts on this site, we are people that want to pay our bills but are being taken advantage by unethical credit collectors. Credit Card companies can provide easy credit to whoever they want, charge whatever interest they want and then when you cant keep up with even the interest payments stick it to you even further.

Congress just past a new bankruptcy law that just stuck it to the consumer even further because of the lobbying of Banks and Credit Card companies. These companies have very little regulation so consumers need to band together take back what little rights we have.

Credit Bureaus are private companies that make their own rules, devise credit scores their own way, and keep the formula they use to devise these scores as a closely guarded secret. We need to continue to fight for our rights as consumers and this website allows us to do that.

Oh and by the way. Up yours Scuba Steve.

[redeemedsh]

It's obvious that steve is either a bill collector or one who does not read the entire story (not spelled with an "ie" stevo) had you read the entire story, you would see that the bill WAS ALREADY PAID, AND I AM A CURRENT CUSTOMER OF THE SAME PHONE COMPANY THEY SAID I OWED. But it's fine. If you need to vent, then do so, if it makes you feel better. I'm not a slacker by any means, and pay my bills, and stay informed by using helpful sites like these to battle bill colletors and other people that come at me ill-equipped. So I'm fine with it, the problem is solved and I've received no more rude phone calls! Yay for me, and thanks to this website!!

[vwh]

Word!

The point is steve, we have rights and we are no longer willing for companies to toss them out the window to suit their needs. I strongly feel that if we never address this problem, they will only get worse. Sooner or later ( more sooner) our rights fade away. How would you feel if someone violated your rights to free speech?
I take it that you would sit back and shut up, we refused to be you.