CRS - Is it harrassment?
Date: Wed, 06/28/2006 - 13:58
That is harrassment and you should should send a cease and desis
That is harrassment and you should should send a cease and desist letter certified and keep a copy for records. You should also save any messages they leave and next time they call you should tell them the call is being recorded and that you are getting ready to report them.
Know your rights. A debt collection agency is allowed to make th
Know your rights. A debt collection agency is allowed to make three calls in a day and six times in a week. That's it! It is very clear from the activities of CRS that they are violating the federal laws. Don't let them intimidate you. Send a cease and desist letter giving it the most legal attention. Send your letter through certified mail with return receipt requested.
Use this template for writing the letter in the proper way.
http://www.debtconsolidationcare.com/template-cdletter.html
No offense, but where do you get CA's can call three times a day
No offense, but where do you get CA's can call three times a day / Six times per week?? That certainly isn't in the fdcpa, furthermore once a CA is advised to stop calling a person at work they must stop. This the FDCPA is Crystal clear on.
Frequency of calls in most states is regulated by State law.
Clay, you are right. The number of calls is not mentioned in the
Clay, you are right. The number of calls is not mentioned in the fdcpa. But the collection agency will make phone calls to collect the debt. We know it as a fact. Once we notify them about not to make further calls, they are bound by laws to honor our request. The collectors follow the guidelines prepared under the supervision of the attorney general of each state. I was given this information by someone who does collections and he is known to me also. Just thought of adding it here.
The collectors not following the laws will come like the way it has been made in the first post. They just seem to go above the law. They know they are violating the laws by making repeated calls. It hardly matters to them if they add one more violation in their list. They won't put control on their activities unless some legal surveillance happens.
stop calling me letter. Remember you have all the rights, con
stop calling me letter.
Remember you have all the rights, consumer is protected against this abusive collection practices. get their addresses and and mail them a letter,certified. that is the only language they understand.
Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
Mr./Ms. Collector,
I am writing in response to your constant phone calls!
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location!
In accordance with the federal fdcpa, now that you have received this "stop calling" letter, you may only contact me to inform me that you:
are terminating further collection efforts;
invoking specified remedies which are ordinarily invoked by you or your company; or
intend to invoke a specified remedy.
Be advised that I am well well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.
Signature
Your Printed Name
IMPORTANT: Always send stop calling letters by "official mail - return receipt requested" and keep a copy for your records.
You are correct there. What these collectors rely upon is the fe
You are correct there. What these collectors rely upon is the fear factor. That the vast majority of consumers they come in contact with will panic and cave in to just get them to go away.
This is a driving reason why so many collectors have turned to buying old out of statute debt and trying to collect on it.. If they can pay a quarter for a old $10,000 debt and recover even 5 percent of that debt they have made a huge profit. anything in excess of that 5% is just gravy. fortunately that greed has pushed too far, and now consumers are slowly starting to realize what these collection agencies are doing, and beginning to stand up and assert their rights. Its a slow process, and the American people are slow to rise up when they need to. This forum, this community are the beginnings of that tide.
Vikas has started a political action forum, which my self and Lessismore will moderate. This can be a valuable tool in getting a grass roots effort moving forward. I encourage all to visit that forum, open the lines of communication between our selves, and discuss ways to make our message heard loud and clear in Washington and state capital across this land. Yes, big corporations may finance the campaigns, but it is up to the people to actually vote for these people, and it is up to the people to make it known what they want and need from the government. This was a founding principle and it is still an important part of or responsibility as citizens.
Thanks for the heads up Clay. I joined this community a while ba
Thanks for the heads up Clay. I joined this community a while back and was inspired by all posting from the community. I will like to stay here and offer my piece of suggestions. Hope it helps someone in need.