How to stop harassment by collection agency
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#1
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Hi
You can legally stop all the harassing phone calls from the collection agencies. Please send this letter through certified mail with return receipt requested. You should keep a copy of this cease and desist letter template for your records. This letter can be sent to any debt collection agency as well as the attorney who collect two or more debts per year. Once they receive your cease and desist letter, they are required to stop all the communications except to notify you about the actions that will be taken against you. Use this letter as your consumer rights are outlined in the fdcpa law. Your Name Your Address City, State, Zip (Sent via CERTIFIED RETURN MAIL #123 456 789 with RETURN RECEIPT) Date: *** Collection Agency/Law Firm **** Main Street, #100 City Name, USA 10021 Re: File #0000000 - ABC Lenders- #************ -For: $6655.55 Dear Debt Collector /Debt Collector Attorney: This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association. I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant. You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves. Sincerely, Your name __________________
Debtconsolidationcare offers free counseling and help, please avail the services before taking any major decisions. |
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#2
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Have you seen their website? Says they are ethical, courteous and professional.
Since when did calling someone a belligerent **** become courteous and professional? Acadamy says I owe them $2200 so I made a payment arrangement with them, now they say that is not enough. I told the guy, its the best i can do, I will get my taxes back soon and I will consider settling this. He said nasty things, so I told him, why don't you just F*** off and hung up. He called me right back and called me a belligerent ****.. Needless to say I will do everything in my power to make sure they see no more of my money. They can sue me.. These people will call your house without mercy, they call my cell phone, my work, my home.. Accused my fiance's son of being my husband.. Another employee said "liar liar pants on fire to me" then hung up.. NOw how is that for professional??? LOL ****Adult term removed - Jason |
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#3
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Do collectors really succeed in getting money after insulting and abusing the people with such profane language? If that's the way out, all the laws made by the federal authorities should be thrown in trash!!!!!!!!
But, the fact is that the laws are still there and that is the reason we hear about agencies heavily penalized because of their illegal activities. Gargamel You don't need to take the profane language used by the people from Academy Collection Services as a matter of fate. Fight back with whatever you can do from your side. Hire an attorney and collect all the proofs for suing this company. If the recording of the debt collection phone calls is permissible in your state, do it secretly and have a legal evidence of harassment on you. In some states, you have to inform the other party about your actions before recording the call. If the laws in your state insist on taking permission from the other party, leave a very clear message proving your taking permission from the other party. If the conversation continues after you have notified him, it means that the permission is granted by the other party. Send a cease and desist letter to the company's mailing address if you have not sent till now. After receiving your letter, they should not call you further unless you specify to be contacted by mail. They have the rights to call back only if they intend to take any legal actions against you. Otherwise, it will result a violation of the federal law and the legal charges against them will get added. Remember, all your correspondences with ACS should be in writing. Send your letters through certified mail with return receipt requested. Keep everything documented in a file so that you have all your proof in hand. I am feeling sorry about what you have gone through. Be strong and put your complaints against them at the local AG's office as well as the BBB and the FTC. They must involve themselves in taking actions against ACS. Keep in touch often. |
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#4
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I am hoping these p[eopel persist with me after my initial call witht his loudmouthed idiot from their firm, whom I got the better of, caused to lose her cool and hang up on me. I have sent them a cease and desist order and am hoping they violate it as I have letters of compalint ready to go to the state attorney general where I live, to their state, to the Federal trade Commission and to the phone company, especially if they decide to play phone tag with me. If people knew the laws, knew they were not obligated to deal with a colelciton aganecy and even if uch things go to court, getting a judgement and colelcting on it are two seperate things. As for this company, people need to start shoving back, threatening them back, colling them back, filing complaints, and taking the battle back to them. Go tot he original debtor (in fact due to circumstances, i see a possible lawsuit against them and the company they sold the debt to for pennies on the dollar and even if I am not able to win I will drag this out for so long they will regret ever hearing my name. Instead of being intimidated by them, challenge them, tape them, be rude right back at them, laugh at them when they make threats you and they know cannot be acted upon. Knowledge is power and these people know for whatever person will laugh at themn, challenge them, refuse to cooerate with them and fire back on them, there are ten who will panic and get scammed because they believe whatever they are told. Even with revisions in the bankruptcy laws, there are ways to use this as a trump card if you are with it. Don;t pay these scumbuckets anything, ever. I told them i would deal witht he original debtor direct and this debtor might not like my way of dealing any more than Academy does. These people are a laughign stock, not even good at what they do. Inan era of electronic communication 9see how much negative is on them on the net alone) it is amazing they cans till scam people like they do. Again, knowledge is power. Get smart and get with it. Fight back, punch back and hit as ruthlessly as they do.
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#5
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DP, you have chosen the right way of dealing with the collection agencies. Those violating the laws do not care about anyone or anything. They choose those who fear them and are not aware of their legal powers. Fear is even more dangerous than dealing with collection agencies. Do not get intimidated. It is one wrong move that can begin the problems with no ends. Be aware of your legal rights mentioned in the fdcpa and fight them back. It is they who are violating the laws and you are working within the laws. So, you have more power than the bad ones. Visit the FTC website and get the knowledge of your powers.
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#7
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Cash Transfer center is a loan company. The cease and desist letter template rule will not apply on them. Call them and see what they are calling for. You need to get it sorted before it goes out of control.
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#9
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I got a call from them. Called them back and spoke with a guy. He said he needed to transfer to me to his Supervisor which was a very rude lady. She started going in to specifics. I told her I needed to call her back when I wasn't on my cell phone driving so that I could write information down, look at a calendar (she was wanting payment comitments). She told me that it was against the law in the state that I am in to hang the call up, it had to be resolved then. I told her the law for the state I am in states that it's illegal for me to be on the phone and driving as well. She started screaming at me, threatining to sue, wage garnishment, and non stop calls (which is funny because if they can't talk to me after the phone is hung up, why keep calling me?). She would not stop yelling so I hung up on her. Funny enough, I am still getting multiple calls a day.
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#10
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Wow, how professional huh? This is so outta control with these CA's!! Something has to be done soon! I think they're getting ticked off cuz consumers are finally finding out they have rights too!!
Abby, send a cease and desist letter to them! Only have contact with them thru USPS! Good Luck, ANg |
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#11
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LMAO! It is illegal to hang up on a collector in the middle of a negotiation? I'm sorry......still LMAO! What an idiotic BIATCH! The site has a self help section try going through that, I think there maybe a template letter for cease and desist calls with a collection agency....still LMAO!
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#13
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Original creditor or older credit reports. If not then you would use the discovery process in court to get their paperwork and verify it.
__________________
Cajunbulldog Keeping an eye out for consumers. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 http://www.ftc.gov/os/statutes/fcrajump.shtm http://www.debtconsolidationcare.com.../about216.html Use this letter to protect your rights under the FDCPA myfairdebt.com & myfaircredit.com-Good source of case law in forums. |
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#14
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here is a better cease and desist letter template that people should use. It does not confirm nor deny the debt. (be sure to check your State Statues as they will be different than Idaho's).
[Debt Collector's Name & Address] Example The Best Service Company 10780 Santa Monica Blvd Ste 140 Los Angeles CA 90025-7613 RE: [Bank] [account number as it appears in the letter they sent you] I am writing in regard to your request for an alleged debt collection. I am informed that you must validate the alleged debt. Please be advised that I am not requesting a verification that you have my mailing address, or any other contact information. I am however requesting that you please forward within the customary period to provide verification of all data regarding the establishment of this trade line including the applicable signed origination papers that contain my signature, certification of your company’s right to continued debt collection in the State of Idaho (Idaho Statute § 26-2223. COLLECTION AGENCY, DEBT COUNSELOR, OR CREDIT COUNSELOR PERMITS &. § 26-2232. BONDS.), documentation establishing your continued right to collect as well as any supporting contracts related to any debt transferal, a line-item debt and credit summary of the account’s history, or any other clear substantiation of its origin, legal assignation that bears my signature. Cease Contact I also herby request in writing to refrain any phone contact at my place of work, home, or personal mobile phone. Messages from your office are kept on the my Office's messaging system. My employer does not allow any type of personal matters to be handled via telephone. I hereby request that all communications pertaining to this debt or any other matter be sent via postal mail, as is my right under Federal and State statutes. Failure to provide such validation or failure to disregard my request for Postal Mail contact only, will abridge my civil rights. Thank you for your cooperation regarding this matter and for protecting my legal rights in accordance with Federal and State consumer protection statutes (your name-typed not signed) |
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#15
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I've been contacted by AMO at work, and she offered me two solutions. Either I pay the $202 a month (for three months) that she decided I could pay, based only on what I pay for rent and car payment, when I pay so many bills, it's ridiculous. The other solution was that my wages will be garnished. She said 25%.
When I told them I'd mail it, because I get paid on the 1st, and they told me that I have to Western Union it, because they have to close it by the end of the month, despite that western union charges $27 for a transaction, and I also wasn't able to make the decision to pay them until the end of the month. If I mail it in anyways, and they get it in three days, can they still threaten to garnish my wages? I know it takes a court order to do that, so that's why I think I could mail it in and be fine. Thank you! |









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