How to deal with collection calls:
1.) If you receive a call from a collection agency,
DO NOT admit to owing the debt over the phone, as far as you are concerned it's only a voice over the phone and should be treated as such until you are certain (documentation) they are legitimate and following the law!
2.) You are protected by the FDCPA (
Fair Debt Collection Practices Act), these laws are designed to protect you from scams, therefore you should exercise your rights.
3.) Ask the voice on the phone; their name, the full name of the business (ask them to spell it), their address, and a direct telephone where THEY can be reached, next, proceed below.
4.) Tell the alleged debt collector they have 5 days to send you a dunning letter (also known as a letter of collection)
through the mail, tell them you are counting the days and keeping a record of all communication to make sure they are
complying with the federal law (FDCPA).
5.) If the debt collector refuses to give you any information that is a
BIG RED FLAG.
Do not give them any of your personal information, do not admit to owing any debt, and do not discuss anything over the phone.
File a complaint immediately with your state attorney general and the FTC.
6.) If and when you receive a letter of collection, you will send them a debt validation letter, certified, return receipt requested, it is
extremely important that you send the debt validation request certified. You can obtain sample debt validation letters in the DIY section of this forum.
7.) It is VERY important that you respond and dispute a letter of collection within the 30 days of receipt, don't take any chances, send the debt validation letter immediately, make sure you date it and keep a copy. Again, keep a record of all communication a collection agency attempts to make with you.
8.) Educate yourself on the FDCPA.
This is a sample debt validation request letter for a collection agency of illegal online payday lenders. This letter should be sent after you receive a dunning letter (letter of collection) in the mail. Anytime you receive a telephone call demanding payment for a payday lender (3rd party collector) you should tell them you will not discuss this matter to a voice on the phone, instead, tell them to send you a letter of collection through the mail within five days of their first initial contact, or you will file complaints against them with the FTC for non compliance of the FDCPA laws.
Quote:
Your Name :
Your Address :
Your Phone # :
Creditor's Name :
Department :
Creditor's Address :
Date :
Dear (Insert Name Of Creditor)
I received your letter of collection dated (insert date). Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g, I hereby inform you that I dispute the alleged debt associated with account # (insert account number), (insert name of creditor) being the original holder of this debt.
Per the FDCPA (Fair Debt Collection Practices Act) I am officially requesting that you properly validate this debt, I am entitled to receiving the following documentation:
1.) Explain the nature of the alleged debt - that is, what the money I allegedly owe is for;
2.) Please provide an explanation of how you calculated what you allege that I owe;
3.)Please provide me with copies of any contracts or documents which form a basis for the alleged debt; and
4.)Please provide me with the name and address of the original creditor.
I further request that you take the following actions:
Please contact any credit agencies to whom you have reported this alleged debt, and inform them that I am disputing the debt.
Under the FDCPA laws, you are required to cease ALL collection efforts with me until this debt is properly validated, if you fail to follow the law, non-compliance of my requests could result in serious legal suits and hefty fines. I WILL file complaints with the following organizations; Federal Trade Commission, the my State Attorney General, Better Business Bureau, and the (Insert you state regulator for collection agencies), I will be keeping a written record of all communication attempts made by your company and report it promptly if you do not adhere to the law.
Except as specifically outlined herein, I am requesting that you cease all contact with me about the alleged debt. Any further contact should be strictly in conformity with the FDCPA: It should be limited to providing me with the documentation requested in this letter, informing me that you have ceased collection efforts on the alleged debt, or stating that you are taking a specific action in relation to the debt such as commencing a collection lawsuit. Any further contact should be made in writing, and should be submitted to my home address by mail.
Sincerely,
Your Name
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