Debt collectors

Hi ms_im2real4u

debt collectors are bound by the laws of the fdcpa. The most important point in this law is that they should not call you before 8 in the morning and after 9 in the night. Besides they should have a prior consent of the person before making the contact. The collector must not call you repeatedly each day for recovering the debt amount.

If you know a debt collector going against the laws, you can record the phone calls for taking legal actions. Check the laws in your state first before taking this action. Most states allow recording of the phone call secretly but in some states, you will have to take the permission from both the parties before recording. If you do not inform him, the company might take actions against you.

You can also send a cease and desist letter for stopping the collection calls. Samples of this letter are available here in this forum. You can tailor it according to your needs and send it to their mailing address through certified mail with return receipt requested. Make sure that you give them the room to contact you through written correspondence only. If you do not mention this point clearly, they will assume that you are trying to avoid the debt and hence will take the matter to the court.

Read more of the debt collection laws mentioned in the FDCPA. Be well informed before dealing with a collection agency. You must not make a wrong move with them that can take the situation in the opposite way.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

Good show John! Ms_Im2real4you, I used to collect, and the basic legal calling structure is between 8am and 9pm your time, twice a week at home, and twice a month at work if in fact you allow it. Also, if you specify that you will only accept writtne correspondence, they must comply or else you can sue. Other than that, when it comes to your debt, it is your best bet to try and negotiate with the original creditor. If you have an account in third party, they will not treat you with dignity or give you any breathing room. You need your sanity to be able to take this head on.

You open an account, run up a balance(not large enough for a collection agency to waste time litigating) and then go into hiding. You do not respond to any letters that are sent by the original creditor. You will pull your credit report every month or so until the account appears. You resurface when you want to do something with your credit. Then, the certified letters begin,.. .. .. Per the fdcpa, you must show me my signature(we do not), you must prove the statute of limitations in my state has not expired(we do not) you must show me you are licensed in my state(we do not) you have 30 days to validate this debt(we do not) you have failed to validate this acct in the required 30 days ( not true) you must delete your reporting from my credit (we won't) I will sue your company ( you won't)

You have a better shot at making an entry disappear by writing a letter to the agency that is reporting the account inaccurately saying " I never had this account, please delete from my credit profile."

You have no integrity and are nothing but a fake trickster.

Hell collector you little twit! Why don't you read the fdcpa laws before you spout off. Here is what the FDCPA has to say about validtion of debt.

[quote]FDCPA Section 809. Validation of debts [15 USC 1692g]
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
[/quote]

I forgot to mention you are a liar as well.....

You admitted you break the laws.

Quote:

Please retrieve you head from your ass Hell Collector and move on. This is not a going into hiding forum, it is a debt consolidation forum. I used to collect and am fully aware of the unfortunate situations of job loss and illnesses that lead to debt problems. That is why this forum exists, because narrow minded collectors such as yourself think that every debtor is a crook and you treat innocent people as such. You really think being insulent and threatening is a good recovery tactic? Come on! I successfully collected tens of thousands of dollars of student loan debt by taking into consideration each individual debtor's situation and helping them. It is obvious to me that the reason for your frustration is that you clearly don't understadn the laws, you pay no mind to possible situations, and you have no interest in actually helping people, but in getting a bonus check. By the way, what exactly do you burn your bonus checks on? Sound systems? Video games? A car that compensates for your shortcomings? You opened this can of worms, now 'fess up!

Ask Clay about it

Wow, I had heard about this person (using that term loosely) - hell collector but had not actually read any of the posts. After reading these I'm not sure I will read more, he/she is just proving what jerks collectors can be...

very well put Sue.

Ask Clay about what?

Ari, don't respond to him/her...it's not worth our time or extra keystrokes to type the messages.

Thats the exact thing I was wondering. I have had my fill with people like hell collector that thinks they are above the laws.

chicago cub's fan on the forum, figures, white sox win and cubs do not.

What does that have to do with anything?

Hey if you want to throw stones go ahead, I won't play your game. If you had any balls at all you'd join us and reveal yourself.

(sorry ladies, I just stooped to the level of responding)

No need to apologize! Sometimes it feels better to cut loose and speak your piece.

I swore I would never respond to postings like this, put I am tired of their tactics.

Tammy - WAY CUTE DUCK!!!! I love it!!

Thanks

It is a cute ducky! As far as the collections clowns go, let the babies have their bottle, their still wrong though.

tammy,

do you read what it says in the fdcpa or do you just copy and paste your life away???

Actually Hell Collector, since I used to collect government money at an agency where the fdcpa was practically a religion, I come here to give these people advice as to what people like you can and can't say. Tammy also knows plenty about the FDCPA, because of all the rediculous things people like you say, it is reasonable to question them.

Do you ever threaten people with arrest or and removal of children? Have you ever told someone that you would have the sheriff's office serve them a summons at work? Are you an honest, harworking collector, or are you a lying, belittling charlatan?

Quid pro quo, since you seem to have so many questions for us, why don't you answer these few questions for me, then the picture will be clearer.

Listen here you big twit, I know the laws of the fdcpa and I have enforced them on more than one occassion. Why don't you quit hiding behind hell collector and reveal your true identity! I have dealt with people like you, tape recorded them and filed police reports with the tape recorded conversation and helped put people like you on the radar of the FTC, Attorney General offices.

Every time I see a new post from somebody with a name like "Hell Collector" or "settle up" or "Iwork4allied" or something that suggests another blowhard collector, I sigh and think "Give me a break! Not another one of these turds!"

Tammy, I am not worried about being reported to any of the agencies you listed. Do not let my name fool you; I happen to have a gentle and soft tone when I am in collection mode. Aggressive collecting went out with bell bottoms and big collars. They would rather hear someone who listens to what they have to say and who they can trust and come up with a FAIR settlement agreement. I am not looking to slam dunk anyone and vice-versa.

Jedi, you know that this forum wouldn't be the same without me writing to bother you.

I love when you respond to my obnoxious write-up's.

Have a nice weekend.

If agressive collecting went out with bell bottoms and big collars, and you are so gentle and soft, why did you have that "Waaaah" tantrum in the other topic thread? What was that all about if you're so gentle. I appreciate you showing yourself a bit and I apologize for calling you a turd, but what is the deal here? What are you being so obnoxious about? ciao!

I still think the "waaaah" was funny. Hey, I have a negative mark on my experian report that will not be deleted until 2007. who cares, I know it's mine, I know that per the FCRA, the 7 years reporting runs from the time the account first became delinquent which was 2000. gotta go, see ya

hell collector,

If you are gentle with a soft tone, why did you come in here posting the way you did?

That's what I'd like to know too. Granted, there were times when collecting drove me up the wall, but I didn't present myself that way when I joined.

Ari,

I will direct this question to you. I am in debt settlement and one of my creditors continues to call me at work after being told or asked not to, three times today. They continously call on my cell phone but don't leave messages. How many times can an orginal creditor call during the day? I need to keep track and relay the information onto the debt settlement company that I am working with.

Zero. You are in consolidation, now your accounts are no longer their affair.

Ari is right. After you have involved a debt settlement company for negotiation purpose, the creditors should no longer call you. They must do all the future dealings with them. Your consolidation company should update you with all the proceedings.

In case, you didn't work with a settlement company, you might have expected the calls from the creditors. But there is a limit to the number of calls in that case also. You are allowed to receive 3 calls in a week at home and 3 calls at work in a month, provided if you give them your prior consent to make the call.

Your consolidation company can send the collection agencies a power of attorney or a cease comm.

I thought the OC could refuse to work with a consolidation company if they want to...granted, it is not a smart move if they want to be paid, not to work with the company..but they do not have to.

A lot of consolidation companies will send original creditors and collection agencies a Power of Attorney so they can act as your mouthpiece as well.

The negotiations haven't started yet, remember I am dealing with debt settlement and not consolidation. I am not making monthly payments to the creditors right now. I am making payments to the debt settlement company though. After the third month, which will be the end of May, then they send the power of attorney and start dealing with the creditors. They don't want to do it too soon or they say I could get harassed more. I have updated my address to that of the debt settlement company, a po box that they can use to monitor the accounts. This way the phone calls at home might stop but HSBC continues to ignore my pleas to stop calling me at work. They need to update their files but I am keeping track of all the calls, just in case. This information is being relayed to my debt counselor. So, it's just three calls a week at home? Instead of the average five that I am getting?

That would be five per day :x

Five per day is not legal. What the hell are these bozos thinking? That the money will magically appear in your checking account within the next half hour! Five calls per day is harassment, plain and simple.

Good to know, thanks Ari :) They were quiet today. Maybe ten tomorrow then? :x

It's possible. This may give you ten opportunities to throw the book at them.

A creditor can choose not to deal with a consolidation company. It is not a requirement by law that they accept a settlement, or that they deal with a consolidation company. It is in their best interest to work with the consolidation company, because their chances of getting paid are obviously better. But, they do not have to. The consolidation company is better equipped to handle them though, and if the company refuses to work with them, they will usually just keep trying. That does not stop the OC from calling you though if they have declined any settlements, etc. That also will not stop them from suing you, they just won't have a very good case.

That's a good point, guest. It's also good that you amde it clear that what a collection agency or creditor wants does not supercede the consumer's right to consolidate.

WTF??? LOL..........

~Mary <---likes the Cubs, but mostly a Dodger's fan :)

Mary see what happens when you're gone for a few days, all hell breaks loose on here! Welcome back, good to see you around again!!

That is a good point guest so I think it's in someone's interest to find a reputable company to work with. I research the company that I am with for almost three months before I signed up with them. It has been a blessing for me to know that someone is on my side and is working for me. :)

OK, the creditor I collect for will not work with most consolidation companies. They either pay less than the mm or they pay after the cycle date and keep the debtor in debt forever. So the creditor just doesn't deal with them. People get ticked when we inform them of that, but that's just the way it is. Also, according to the creditor, we are required to call them on a daily basis even though they are working with a CCCS. We just have to advise them that collection activities will continue.

Calling on a daily basis? Do you really think that's going to get your money faster? I actually used to call the PDL companies myself daily just to call their bluff and take away that source of power over me.