Harrassement from NCO

The bank isn't going to sue within "the next few days". If this is a recent debt, it would be best to work out some payment plan. But, due to your financial situation, pay everything else first (rent, food, etc.). Get everything in writing, and if legal in your state, record the calls.

My apologies, I left a few minor details out of the scenario.

I live in the state of Michigan.

I'm preparing the DV letter as we speak. Should I also write a C&D letter? Also I never received a account number from them, so should I include the last four digits of my card? Like so XXXX-XXXX-XXXX-1234 ?????

Also I read that after(If I do) receive a validated claim, should I still keep everything(Our communications to each other) in writing only, and give them my income demands that's showing my willing nous to actually make payment(in writing)?

Like I previously stated, I want to remove the debt that I do owe, but a big lump sum's NOT going to happen, and I noticed that they tried to pressure me to give in.... Thanks to the support of forums like this one I didn't give in.

hi--

Welcome to the forums! First, you should not put any portion of your SSN into any communication with them. They should not need you to verify such information--they already have your contact info which they received when they were assigned this account to collect.

Your best bet right now is to read and understand the FDCPA--federal law that regulates how a CA can and cannot act. They have already violated it with you when they told you that the bank is going to sue you in a few days. CA's are not allowed to threaten actions that cannot legally take place, and no one can sue you "in a few days"--it takes time to put all the documentation together and file it.

Me personally, I would include in a DV letter a clause requesting that they only contact you via US Mail. Inform them that under federal law, they are required to honor this request. Once you get their response to the DV letter, let us know what they have provided, and we can go from there. Once they receive your validation letter, they must immediately stop all collection efforts, which includes filing a lawsuit against you, calling you, sending letters demanding full payment, etc etc.

You should phone up your original creditor and clarify your position to them. Try your best to come to a compromise with them. And if you really feel being harassed by these people then send them a Cease and desist letter. Cease and desist letter is definitely the best way to stop the collection agency from calling you. Write a letter to the agency asking them to stop contacting you. Under the Fair Debt Collection Practices Act (fdcpa), debt collection agencies and attorneys must comply with this request. After you send this letter, collectors can only contact you once to notify two options
??????? Putting an end to the collection efforts
??????? Taking legal action against you

Here's a unique idea to stop the harrassment.

Pay your damn bills!

Hey Nimrod! You the "guest" collector, if you bothered to read the post, well maybe you did but your cognitive abilities are lacking. Anyways the OP said he wants to pay the debt back in installments because its obvious he can't pay back in full right now.

Unfortunately the wonderful CA's are trying to harass and intimidate them into paying in full without validating the debt. So here is an unique idea guet, go back to work and abide by the fdcpa and actually try and work with the debtor.

I say pay your creditor, by all means. But they sent your account to the collections agency. So, if your account is in collections.. why would they then work out payments? either way, the validation of debt comes from your creditor not the collection agency.

what you are talking about is called a "stall tactic". you are just stalling the collection of the debt. the real purpose of getting validation is get an updated account balance in writing. You probably already have that with the statements they sent. If not, then ask for validation.

or if you don't think you owe it, ask them to validate.

see, if you opened up an account and used wrong info: then validating the debt might mean you won't have to pay.

another collection trick for people experienced in owing debts:: they record the conversation. I would record every conversation and tell the collector you are recording it. that way they follow the fdcpa and hopefully they follow their own company's policies.

if you can catch them violating the FDCPA- usually it will result in the debt being zeroed out. and if it's egregious [sp?] then maybe money back to you.

if the debt is something they will sue over, then you shouldn't take the cease and desist route. all it does is speed the process up for legal action. if they can't call you they won't try and they'll just move your account along to the next step.

so if your debt is something that companies don't sue over, then by all means use the cease and desist route.

I guess all companies are different as far as how far they take it.

my concern with small payments would be what if something happens and you stop paying. fees increase and all those small payments you made just get absorbed into some new fees and charges.

heck, send a check every month. if they send it back to you.. keep the money in an account and each month send another check. if they keep returning your payments.. I think then you could have a case for refusing payments. [another reason to record the conversations].