I have paid my debt. I want to take action against collector
Date: Sat, 12/10/2005 - 16:34
Hi Welcome to the forums. I understand the pain that was
Hi
Welcome to the forums.
I understand the pain that was felt by you. Perhaps, when this man was threatening you, you should also have acted strongly and let him know that you also knew him who he was and would put him in legal troubles.
It would have been best if you had this entire conversation recorded. Without any proof, I doubt if you can take any strong actions against him. Perhaps, you can forward this complaint to the supervisor of the company.
You might also be willing to place a formal complaint at the consumer protection office in your area as well as the FTC and the BBB. You can fill the online complaint form or call the Federal Trade Commission 1-877-382-4357.
Don't let this incidence affect you for a long time. Leave the past behind and think that you have learned something that has made you stronger for your future.
Regards
Roxette
You can file a complaint with the Federal Trade Commission. The
You can file a complaint with the Federal Trade Commission. You should also contact your State Attorney General.
Additionaly complains could also be filed with the Better Business Bureau. If the agency in question is a member of the Association of Credit and Collections Professionals, you may also file a complaint with them . Additionally, you have remedies available to you under Federal law for violating the Fair Debt Collection Practices act, and can sue for a statutory amount of $1000 per violation plus incurred attorneys fees. You may also want to consult an attorney to see if her may have other possible legal remedies for you to consider.]
Quote:I am aware of the federal laws but want to get some help i
Quote:
I am aware of the federal laws but want to get some help in dealing with the nasty statements made by a debt collector. He made this one very threatening saying that he knew me who I am and whom I work for. He even threatened me saying that he will make this whole issue even more troublesome and expensive unless I pay to them. I told the person that after making the payment, I will complain against him. When I reached their office the next day, the receptionist after identifying me called someone from the other cubicle came. A man came and he started mocking me. I came to know that he was the person with whom I talked last night and he shouted on me saying who I would like to make the complaint to? Things took an ugly shape and feel that this man crossed the line. I have paid my bill but still am feeling low after this incidence. Can I be able to do something on this now? |
although i don't agree with those tactics, by what you've said, this collector didn't outright violate any fdcpa laws. sorry. at the second you paid your debt, you were no longer considered a 'debtor' so most of the fdcpa laws don't even apply to you any longer. again, i'm not defending their behavior, i just feel that you don't have a case here. if they said they were going to ruin your credit and you would not be able to buy anything ever again... that is a little different. or if they used profanity, that is not allowed at all, period.
Quote: Additionally, you have remedies available to you under Fe
Quote:
Additionally, you have remedies available to you under Federal law for violating the Fair Debt Collection Practices act, and can sue for a statutory amount of $1000 per violation plus incurred attorneys fees. |
actually, if an individual sues a collection agency, they can sue the company for $10,000.00 and the collector for another $1,000.00 (yes, you can sue the collectors themselves too!!). in a class action lawsuit, you can sue for $500.00 or 1% of the companies worth, whichever is LESS.
Matt [quote=CollectorMatt]this collector didn't outright viol
Matt
[quote=CollectorMatt]this collector didn't outright violate any fdcpa laws[/quote]
[quote=insulted]He even threatened me saying that he will make this whole issue even more troublesome and expensive unless I pay to them...[/quote]
Making threats, no matter what, is illegal. Debt, or no debt, someone doesn't deserved to be harassed.
Quote:Making threats, no matter what, is illegal. not true.
Quote:
Making threats, no matter what, is illegal. |
not true. only certain types of threats are illegal. for instance, i can threaten to pour orange juice over your head. illegal? no. what if i threaten to blow up a federal building. illegal? yes. if i have a debtor who won't pay me, i most certainly CAN state i can make the situation much more worse and/or expensive if i actually have the authority to do so. if i don't, then i can state i will. once could use key words of 'might' or 'possible.' it's all in the wording.
Quote:
Debt, or no debt, someone doesn't deserved to be harassed. |
true, but the original poster was asking about taking action against a collector. by simply stating you are being 'harassed,' that doesn't mean a whole lot.
A question for Collector Matt
Ok, so while we're talking illegal and consumer rights - I recently learned that a payday loan company that I am in negotiation for repayment with (not a third party collector) sent an email to one of the Human Resource reps where I work. I have been in contact with them since I knew I wasn't going to be able to cover the debit, due to unforeseen events in my life. I have offered them to pay this off entirely within 2 months (it was a large dollar amount). The email stated that I have a serious deliquency and have been uncooperative in resolving the matter, and that adverse action may be taken. It also asked to validate my SSN and next paydate.
To my understanding, my account standing is not to be discussed with anyone other than myself. They were not sending a legal/court documentation to request garnishment(my job requres a court order for garnishment in Texas), but rather letting someone who has no business in my financial affairs in on my troubles, and misrepresenting my willingness to resolve the matter to boot. My checking account closed and they wouldn't give me an alternate method of getting the payment to them until the same day the email was sent to my employer.
Am I off base here or is it legally allowed to email a coworker with my personal information?
Thanks!
Quote:Ok, so while we're talking illegal and consumer rights - I
Quote:
Ok, so while we're talking illegal and consumer rights - I recently learned that a payday loan company that I am in negotiation for repayment with (not a third party collector) sent an email to one of the Human Resource reps where I work. I have been in contact with them since I knew I wasn't going to be able to cover the debit, due to unforeseen events in my life. I have offered them to pay this off entirely within 2 months (it was a large dollar amount). The email stated that I have a serious deliquency and have been uncooperative in resolving the matter, and that adverse action may be taken. It also asked to validate my SSN and next paydate. To my understanding, my account standing is not to be discussed with anyone other than myself. They were not sending a legal/court documentation to request garnishment(my job requres a court order for garnishment in Texas), but rather letting someone who has no business in my financial affairs in on my troubles, and misrepresenting my willingness to resolve the matter to boot. My checking account closed and they wouldn't give me an alternate method of getting the payment to them until the same day the email was sent to my employer. Am I off base here or is it legally allowed to email a coworker with my personal information? |
Who is the payday lender you are dealing with? Check your disclosures, specifically where the transaction is deemed to have been executed. If it was deemed to have been executed outside the united states, then (according to the Federal Trade Commission) you are not protected under State or Federal laws, you are subject to the laws and protections of the country where the transaction was deemed to have been executed. Hence, if it was executed in Belize, and Belize doesn't have laws prohibiting discussing your account with others, then they did not violates any laws. I know it seems wrong, but unfortunately THE US laws do not apply if the transaction was executed off shore, as many pay day loans over the Internet are.
Matt, So, does it mean that a person not able to make payment
Matt,
So, does it mean that a person not able to make payments and trying to arrange a plan should be humiliated at the same time? Especially, if the agency is not breaking the fdcpa law as differentiated by you? Is the consumer bound to accept such harassments that are considered to be legal? :cry:
In response to Clay
It is PRL Direct which in the agreement is refered to as Payroll Loans Direct (USA) LTD.
It states that this in the agreement
Quote:
British Columbia, Canada is the place of the making of this Agreement and it shall be governed by and interpreted in accordance with the laws of British Colmbia and the laws of Canada applicable therein. The courts of British Columbia shall have exclusive jurisdiction. |
I appreciate you bringing this to my attention. I have not heard back from my OCC office about if they are licensed to lend in Texas - I guess that isn't related to collection laws, right? If they are lending money in Texas, they should be licensed here and subject to interest rate caps, etc?
The fdcpa laws are meant to be followed only by collection agenc
The fdcpa laws are meant to be followed only by collection agencies. It is not compulsory for a creditor to follow each and every laws stated in the FDCPA. However, they are also bounded by other federal and state laws. Check your local consumer office and know the laws in your state. The company's licensing information will also be available from their office.
a Freeman In answer to your own questions, in that particular
a Freeman
In answer to your own questions, in that particular transaction , you are governed by any and all applicable Canadian laws. You will need to do some research to see what if any Canadian laws govern or protect consumers in these instances. I would think , being so close to the US, and with the various trade agreements, etc that Canada should have something very similar to the fdcpa, you would need to find out what it is called and what it says.
These companies are counting on consumer ignorance of laws and rights which apply to them to carry out tactics these.
That having been said you have entered into a contract, and you do have ( and have previously indicated are willing accept ) a responsibility to pay the debt, regardless of the jurisdiction which the laws falls under.
Clay - I appreciate your response. I have done research & f
Clay -
I appreciate your response. I have done research & found that Canada or British Columbia more specific, does have almost indentical laws regarding discussing collection matters with third parties.
I *do* acknowledge my responsiblity to repay the debt. I would like to come to an aggreement that is fair and beneficial for both parties and pay these off as soon as possible (and never, ever get another payday loans again!).
What I am unwilling to do is be bullied or humiliated!I had a very unexpected event that took me away from work (lost income) and my priority has been to keep my house, feed my kids, and then pay back the debt I owe to the payday lenders. My hope is that by being educated on the laws, perhaps it will help in the negotiation of repayment (ie; they're willingness to accept some payments instead of full balance immediatley). I was curious about the license for lending so that I can understand the interest rates that are legally allowable.
I get the feeling that in addition to some of these companies using threats and scare tactics because they are hoping their clients are ignorant, that perhaps the same assumption is used to charge astronomical interest rates and fees that are not legally allowed, while holding the threats and scare tactics above you, causing some people to possibly default on their mortgage and other "necessity" bills to stop the threatening by payday lenders.
I have already payed off 2 loans and I will be paying off another this payday - all with companies who were more than willing to work within a payment arrangment and I have stuck to my end of that arrangement.
Quote:I get the feeling that in addition to some of these compan
Quote:
I get the feeling that in addition to some of these companies using threats and scare tactics because they are hoping their clients are ignorant, that perhaps the same assumption is used to charge astronomical interest rates and fees that are not legally allowed, while holding the threats and scare tactics above you, causing some people to possibly default on their mortgage and other "necessity" bills to stop the threatening by payday lenders. |
Talk to the lenders and get the latest status of the account. In some cases, they can give you the necessary account information although it might have been sold to the CA.
The lenders might be able to tell you the charges tucked in it so that you know what is being paid to the CA.
Also, in some cases, the lenders authorize the collection agencies to add interests in the account. Without getting the authorization from the creditors, I don't think the CA has the right to add charges in it.
Quote:The fdcpa laws are meant to be followed only by collection
Quote:
The fdcpa laws are meant to be followed only by collection agencies. It is not compulsory for a creditor to follow each and every laws stated in the FDCPA. However, they are also bounded by other federal and state laws. Check your local consumer office and know the laws in your state. The company's licensing information will also be available from their office. |
actually, the fdcpa laws are also meant to be followed by collection agents who do not work for a collection agency. such s - collection 'departments' within a company. those are known as 'in house' collection departments. i *think* the fdcpa states it bascially must be followed by all those whose sole purpose is to collect a debt.
Quote:Matt, So, does it mean that a person not able to make p
Quote:
Matt, So, does it mean that a person not able to make payments and trying to arrange a plan should be humiliated at the same time? Especially, if the agency is not breaking the fdcpa law as differentiated by you? Is the consumer bound to accept such harassments that are considered to be legal? |
of course, nobody should be humiliated at all. but, just by looking at the text, it doesn't sound threatening or harassing at all. granted, we don't know the collector's tone during the conversation, but judging by the wording alone, it does not appear the collector violated any laws. also, keep in mind, the original question by the poster was 'can i be able to do something on this now?' so my advise is merely about that question.
has anyone looked up the definition of 'harass' in the fdcpa?
Some useful information
Quote:
a Freeman In answer to your own questions, in that particular transaction , you are governed by any and all applicable Canadian laws. You will need to do some research to see what if any Canadian laws govern or protect consumers in these instances. I would think , being so close to the US, and with the various trade agreements, etc that Canada should have something very similar to the fdcpa, you would need to find out what it is called and what it says. These companies are counting on consumer ignorance of laws and rights which apply to them to carry out tactics these. |
I contacted the Business Practices & Consumer Protection Authority for British Columbia to file a complaint about PRL disclosing my credit information to my HR rep. What I was told by the BPCPA is that even if the company is Canadian based, I would still need to contact my states Attorney General's office (Texas Attorney General - Debt Collection Laws) for consumer protection with regards to debt collection practices. They said that they their piece of legislation is for BC residents only. Each province or state has its own debt collection legislation or laws for its residents.
I am going to contact my Attorney General here in Texas, but I found it very interesting that even that the transaction was deemed to have taken place in British Columbia, Canada, that the government agency there says it is not in their jurisdiction.
Similar incidence is happening with Cash Today. No one from the
Similar incidence is happening with Cash Today. No one from the government is taking the responsibility on their part. This gives some of these companies a chance to rule over people.
Very interesting
I enclosed a copy of the email that the Canandian agency sent me in the complaint to the Texas AG, perhaps that will help.
I know Texas has recently cracked down on payday lenders. I guess I am just confused as to the language in the agreement. If it says that British Columbia is the place that the transaction is deemed to have taken place, and the company is NOT Canadian based or licensed there - is any part of my agreement valid? I'm sure it is, but what a "duck and cover" operation!!
This is the only company that has been unwilling to work with me in 3 to 4 payments once they understood the scope of the unforeseen setback, I have been under extreme stress since the beginning of November from that situation, and now to have the humilation of my coworkers knowing I fell behind is more stressful!
I guess what I have learned is, know your rights, be forthright and honest with the creditors and stick to your payment arrangements. Most of them have been very gracious about it, I can't let one bad apple ruin the bunch when I am trying to do what I can to clear my debts! Soon I will be free of the payday loan trap, and have learned a very valuable lesson!
That is the problem with many of these payday lenders that are b
That is the problem with many of these payday lenders that are based outside the US. They are hiding in the Grey area that exists between US laws and the laws of their home country. The best avenue is what you did, file complaints with both their home country regulatory authorities as well as state and federal authorities in the US.
AS you have also found out, the best method for dealing with payday loans is to not utilize them in the first place. If no other alternative, use lenders who operate store front locations in your home town so that you are governed and protected under your Local, State and Federal laws. The next best thing is to educate your self, and apply that knowledge to help yourself and others. When you learn the lesson, share it with others so they won't make the same mistakes either.
collector matt
you are NOT and I say NOT right, paying a bill not paying, NO ONE, can abuse, and do as the collector did and say its within the law, any smart collection company will tell you even if you are right, when complaints are made the cost to defend an agent is more than settleing it, you remind me of a man named Mike that bent the law to make people feel he know what he was talking about, one, just one lawsuit cured him and his company
I have paid my debt. I want to take action against collector
Sounds more like you want revenge bcz you were told that you owed something and you didnt wanna pay it. A debtor is a debtor and a liar
Ok, before we get into the "No COLLECTORS are Liars" "NO! YOU'RE
Ok, before we get into the "No COLLECTORS are Liars" "NO! YOU'RE the liar" debates that get started by comments like the two above.
NOT ALL of debtors are liars. Yes, some people lie, but not everyone.
NOT ALL of collectors are liars. But we all know that some are.
Don't lump everyone into one boat. And I don't feel like reading another argument. If you want to argue, go on Judge Judy.
"And often a collector is a collector and a liar." Thats w
"And often a collector is a collector and a liar."
Thats why I stated that often a collector is a liar. With my experience they have ALWAYS been liars, frauds, identity thieves and scam artists.
Alright, enough of this. Guest, Dorian456, whichever you want to
Alright, enough of this. Guest, Dorian456, whichever you want to call yourself, you are in the wrong place at the wrong time saying all the wrong things. This website is about money management and debt repayment, not lying and avoidance. You stepped out of line with your remark as you made it to the wrong audience. Now, if you plan to keep this nasty condescending crap up, do it elsewhere. we don't welcome it.
