Hi everyone,

I'm proud to announce that I've just been knighted! Actually, just an official samaritan now.

Now, anyone who needs immediate answers or assistance can send me an e-mail or an IM anytime!

congrats ari. when's my turn?

ari, i agree debt collectors really should have a good sense of what is right and wrong, despite what the laws state. i, however, also like to make the people aware of the laws, even if the laws do allow for some things people may tend to think of as 'harassing' or 'threatening'.

Congradulations Ari and welcome aboard!!! We'll look forward to seeing more of you around here!!! Its nice to have someone from the 'inside' that might be able to help us get a different perspective on things. My name is shirley and I'm the drama queen in the group. LOL! No, actually, I'm kidding, but I say this because I always seem to have alot going on. But this group has been right there for me, helping me deal head on with my different problems. I get through one, and two more are waiting on the side. But I have learned alot and am stronger for it. Anyways, its nice to meet you and we look forward to hearing some of your input on things. And getting to know you better. Shirley

Dear Shirley,

Getting through one problem and having two more on the side is something everyone deals with! That's just the rigors of survival. While everyone's problems are different, that's still the general pattern of dealing with life. Get through one then take on the ones on the side. You're not alone.

KarmaPolice, it's your turn now to join the board!

Jason has posted one comment at this thread for you. Please check this one.

http://www.debtconsolidationcare.com...about5886.html

Title 15, Chapter 41, Subchapter 1692c does not say how many times you can call but does say the following:

(a) Communication with the consumer generally
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—
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer's location;
(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

Source: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

as i stated elsewhere in this forum, there is a difference between 'communication' and a 'call.'

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You can run, but you can't hide

Of course they can't hide! However, how they are approached by us will determine how much they can be helped by us. You can be well within the fdcpa and still be precieved by a borrower as a jackass.
I called this one lady one time, she'd previously had her head bitten off by one of my former coworkers. She politely said she would respond by mail within thirty days, just as the collection letter said she could. I told her I was there to help, but the way my former coworker treated her turned her off to taking calls, even mine. She repeated her intent to respond by mail, all I could really do to help her was step off.
That's what I meant when I said that the more you tighten your grip, the faster you lose control. I take pride in certain accounts I worked because borrowers have thanked me for my patience and my help, I also gave them the time and space they needed to look at their budget and figure out how to fit in their rehab payments.
All good things to those who wait.

although she said she would respond in written form, as you well know, that will not stop the collection process against her. i don't agree with the way she was treated by your co-worker, but by letting her go without a payment over the phone, she is now open to those bad calls.

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You can run, but you can't hide

You've got a point! She very well could have suppressed her anger long enough to stike up a deal with me!
I don't know what became of her account. Hopefully, she was true to her word and paid the bill soon enough to avoid another call! Some people just don't want to be helped.

On the other hand, some people want a war! I came across one account in an autodialer, as I waited for her to come to the phone I reviewed her account and history of correspondence, turns out she'd been refusing to pay and demanding to be litigated from the get-go. I also saw in the special notes that she'd had a recnet surgery to remove cancerous tissue. I knew I had to walk softly.
When she came to the phone, I took a moment to mention the surgery and ask how she was feeling. After she reported that she was fine, I got down to business. I didn't play dumb, I just came out and asked her what she was hoping to gain by letting teh account go to litigation. It turns out she was disputing not only the balance, but past collector behavior. She would not agree to a discretionary compromise, and she detailed some ludicrous behavior coming from past collectors. She told me that if I would please forward her account to the legal department it would be a big help!
I thought to myself "Is this chick for real? She's got cojones wantingt o take on the USDOE!"
But all I said to her was "as you wish."

are you telling me you actually have a 'legal department' which takes care of accounts like this?

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You can run, but you can't hide

Absolutely! Student loans are government money! Bankruptcy will never eradicate a debt to the government. You know what else? And I hope Mom of Twins read this. Even failure to repay government money is not punishable by imprisonment! The worst punishments for failure to repay a student loan are garnishments, suspension of preofessional licenses for deadbeat doctors and lawyers, and litigations of accounts which means nothing more than balance in full, no compromise or waiver of collection fees.

The ONLY debt that is punishable by imprisonment is tax evasion. For the record.

ok, didn't know you worked on student loans.

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You can run, but you can't hide

That's right! What do you collect? By the way, i just read your introduction in the pub forum. I agree with you completely, many of these debtors are scaredand they need our help. I too would go for a fast payment plan over a slow balance in full any day. Above all, these "collectors" that everyone is complaning about who are breaking the laws are a real embarassment to us.