Harassing Debt Collector- Please HELP

Hi Kobekay,

Welcome to debt consolidation care forum.

You do have rights to ask for your account details. According to the fdcpa, it is necessary for CAs to provide you with a debt validation certificate. CAs generally apply the means of frequent calls and threat to forked out money from people and is a violation of the FCDPA, it is time you know your rights, contact your local FTC office for a copy of the law and also your local attorney for advice .

If they still do not respond to your request and continue with the harassment calls, send them a Cease-Comm letter via certified mail, wait for them to respond and if they still harass you and failed to comply with your request, you may drag them to court.

Thank you for visiting us, a free counseling and advice would do you good but you need to be a registered member with us.

All the best,
Simon

The situation is almost scam-like if you ask me. I would have insisted on getting the name and address of the original creditor and have insisted that the collection agency cease and desist any further attempts at collection as I do not recognize or work with collection agencies. Most reputable collection agencies will comply. Most will tell you that you can only work with them but that is not true. You can deal with the original company and most if not all will be more than happy to receive the money direct rather than wait for the collection agency to remit payment. Never let anyone harass you for any reason...life is too short for that kind of aggravation.

Hi ApostleDave,

Thank you for the posting that we really appreciate, looking forward to more of them as your suggestion, views etc will add more knowledge and understanding to everyone in this company including our members and quest.

With regards,
Simon

Hi Kobekay:

I had similar situation with a creditor/collection agency who was in clear violation of the FTC rules and threatening me with criminal prosecution for theft, wouldn't work with payments etc. It wasn' even my account. It was my mothers account for whom I had a power of attorney.

I went online to the FTC and filed an online complaint (they make it pretty easy)for both the collection agency and the original creditor and printed it out. Then I sent a certified letter to the original creditor explaining that they or their assigns were not to contact me again and informed them that a formal complaint had been filed with the FTC with a copy attached.I also informed them that if they did contact me or my mother again,
I would followup on this complaint and file suit against them in small claims court.

Must have worked, because I haven't heard a word since.

The best advice I can give, through my personal experience, is to know your rights regarding how they can collect a debt. It will give you peace of mind knowing they are only blowing hot air and can't do the things they are threatening you with.

I also strongly suggest that you get the agencies name and address before asserting your rights to them. What I have found in the past is when you assert you rights and they realize you know what you're talking about they'll hang up and try another day. Keep a log of who called, when they called and what was discussed. So if you have to sue them you have documentation, names and events.

Good Luck !!

Liz

Kobekay,

First of all, DO NOT send them any more money. In your post you mention that you don't know what the debt is for or who incurred it, and you don't have to give anyone money just because they say you should. It's up to them to prove you owe.

If the collector told you that he could simply call your job and have money taken from your paycheck, that was a lie and in direct violation of the fdcpa. No collector may make false statements to a debtor, and especially not false statements involving action against the debtor. If the collections agency were going to garnish your paycheck, they would have to take the proof of your debt in to civil court, and have a judgement against you to do so. There are waiting periods of up to 90 days involved, wherein the collector must prove that you have no intention of voluntarily paying the debt.

The collections agencies know the laws, and it's a good bet that if someone calling you claiming to be a collector is consistantly rude and hateful, they're running a scam. If they refuse to send you your account information or tell you details about the alleged debt, it's probably a scam. It's required by federal law for collectors to provide you with any and all information concerning your debt that you request.

If you have the name and address of any collections company, look them up BEFORE you ever send them any money. Check them out, make sure they are a legitimate business. It also can't hurt to call the original creditor and ask them if they sold the debt, and to whom.

It's fully within your rights to report any collector the instant you feel you have been abused. The FTC doesn't mess around with them, and they take all complaints seriously.

I strongly urge you and anyone else who uses credit to become very familiar with your rights and responsibilities under federal law. There have been a lot of changes made in recent years, both at the federal and state levels, and the government is trying to crack down on scams and abusive collectors. No one has the right to speak to you with anything other than respect.

Quote:

I have a credit card that was charged off in 2000, now a collection agency is trying to collect and they are calling my job and I told them I cannot have calls at work and now they are going to garnish my wages. Can this happen

Loco, the collection agency can only take legal actions and garnish your wages if they get orders from the court. You might be asked to appear in the court for this legal action to put into effect.

The collection agency can force you to pay the said debt if it is within the SOL period. Check your state laws and the date of last activity of the said account. You will be able to know if it is within the legal collection period. If it is past, you won't have to face legal actions but paying off the debt is better.

I have a guy calling me at work harrasing me. The first day he called was on Monday. as soon as he told me who he was and what it was about I informed him that I was not allowed phone calls at work that didn't pertain to work. He insisted that I had no choice but to settle this matter that day. I kept telling him that I couldn't talk, and then he informed me that I had to. He got me so upset that I got his number and said I would call him back, he would not give it to me unless I promissed I would call right back within 15 minutes. I left my office and went outside to call him. At this time he informed me that I had to put what I owed on my home equity line because I had some equity. and if I didn't take care of it that I would be took to court wher it would cost me an additional $4000. dollars in fees. I have had heart problems in the past and my chest hurt all day thinking that I was going to loose my home because I can't afford to put anything on my equity. If I could I wouldn't have the problem to start with. He wouldn't get off the phone and I kept telling him I was going to be in trouble for leaving the office. I finally told him that I would see about settleing. Luckily, I don't carry a home equity checkbook with me or he would have got anything he wanted at that point. The following day, he called me at work again. I told him he couldn't call me and that he got me in trouble the day before. I received a warning about leaving my office during hours. I then ask him not to call me again at that number. He called me again today at work, and I informed him that he had been ask not to call this number and that what he was doing was illegal. He told me he could call me at work all he wanted to until I sent a letter telling him not to, but if I did he would have a warrant sent to my workplace and it would embarrass me. The first day that he called me, he told me that he had spoke with my workplace and has all the info he needs such as verification of employment and wages. This was a lie to start with since that is what I handle at work. And besides that if he had my wages (joke) he would pay my bill for me, what I make is $4 less than what I was making 3 years ago. What can I do to get rid of this rude one. He has my personal phone number but he won't leave any messages.

Send the collection agency a letter stating that you will only communicate by mail, and make sure you send it return receipt. This guy's full of it, but the letter should do it. He can't have you arrested for having a debt.

Any chance you could record these calls?

Wanda,

What collection agency is calling you? You will want to send them a cease and desist letter as soon as possible. They should have stopped calling you at work as soon as you told them not to.

The company that is calling me is Leading Edge recovery Systems. As of this day I have yet to have anything from them in the mail. The guys name is Alonzo and he is very rude. i sent al letter yesterday stating that I choose not to deal with them and anymore communication he would be reported to various agencies. It is not right for someone to pressure a person for something they can't do at this time. I am currently trying to find other ways of finance, be it a second job or a better paying one so I can get back on track. My problems started when I had to have spine surgery (no insurance). after that, the place where i was working for $4. more on the hour than I am now, had to close the business due to owner having a brain tumor. I collected unemployment for 6 months with no job prospect. a few months after (with no income) I landed this job. jobs are scarce around here, because of all the textile layoffs. At this time I am working for less than my unemployment check was. If you calculate my 25 mile round trip to work 5 times a week along with cost, I am in dire shape. I have every intention of paying my debts, I am just not able to at this time. The second job is really not a n option because of my parents, Mom and Dad have demintia and I help take care of them in the evenings. My life is very stressful and I need to find a light at the end of the tunnel. As for him not calling me at work he was told and said he didn't have to quit. Now my low paying job is in jeapordy.

I can't offer you good advice as everyone else on here has, but I just want you to know don't let them make you sick. Stay strong, you will get through this. We are all here for you to help you on your way. Keep your head up, smile and have a great day.

I am not sure that there are any laws that will back up you "not wanting to deal with a CA at this time." You can request they communicate only in writing, not to call you at work, verify your debt, but nowhere have I ever seen where you can refuse to deal with a CA becasue they make you sick and it is not a good time for you. I don't mean to sound like a jerk, but the CA all make us all sick.

If you send them a letter in writing telling them not to call you at your place of employment, they are suppose to abide by that. Sorry to say that not all of them do, but do make sure you send the letter.

He just called me at work again.

Wanda, you need to get the letters sent TODAY. Send the CMRRR. One to communicate with you in writing and one to validate the debt. Unless you take this action, nothing is going to change for you. I am truly sorry to hear that your family is struggling right now, not to sound cruel, a CA does not give a rats a$$ about that. Look on this website for the letters you need. DO IT NOW.

Quote:

the above letter is the one I sent to the company that is harrasing me. They are a third party who bought my debt from BOA they claim. I have never seen any papers from them, so how do I know?

Requesting Debt Validation: Good

You have the right to make them prove they are entitlied to collect the debt. If they cannot provide you with validation, they cannot continue collection activities against you.


Requesting to work with original creditor: Neutral

You can attempt to work out a debt with the original creditor if they still own the account and have assigned the debt to a collection agency. Many OC's however, will not work with the debtor, as they are paying the CA to do the collections. If the debt has been sold to a CA, then the original creditor is out of the picture. As such, trying to work with them is futile (you don't owe them anything now, you owe the CA).


Requesting collection agency to cease all communications with you: Potentially bad

As soon as the validation is provided to you (which you did request in the CND), they will have proven they can collect the debt. However, since you demanded that all communications be ended, they will view a lawsuit as the only means to obtain payment. If the statute of limitations has expired and they still attempt to sue you, then you would invoke the SOL as a defense.

If you haven't yet sent your letter out, I would revise it. Remove cease all communications in favor of cease all contact via telephone.

Just my .02

I have sent the letter but I will send a revised one on Monday with your recomendations. As for now I am going home and going to enjoy my weekend. Thanks for all the advice, keep it coming please.

It may be just me, but I wouldn't delay sending that revised letter. Make sure you send it return receipt. I personally, would call the CA, ask to speak to the compliance department, and inform them of both letters. Compliance too, may attempt to collect; but keep yourself calm, and the conversation on the letters.

Hope your weekend is good.

He called me again on Saturday and stated that since I wouldn't answer his calls at home, he would be contacting me at work. I am sending another letter today.

Wanda- whats the company that is giving you a hard time? PLEASE get out those letters.......

Guest,There is a clause in FDCPA that allows you to inform ca of a cease and desist of all activities.It can be dangerous if your debt is still within sol because they may sue if they have the legal standing to do so.

A good option if debt has not been sold yet is to contact the original creditor and inform them of ca's behavior. If a ca is on assignment from them,their violations could open creditor to lawsuit. Simply inform creditor that you would rather work with them.

The name of the company is Leading Edge Recovery systems.

You really should send those letters....It will work in your favor. It will take a mountain of stress off you, trust us....

thanks Tweety, I have sent letters last week, and I am getting ready to compose another revised one to send them to stop communication. He can send me any mail he wants to, at least he won't get me upset by using threats that way.

Exactly :)

Wanda ~ just an idea, you might can talk to your boss and explain the sitation and about the CA calling you at work and even what has happened to cause your account to go to the CA. This way if a call comes in, you boss may be able to assist you in getting them to stop calling you at work. You would be surprised sometimes, at how well an employer will work with their employees in certian situations.

I know for me, my boss would not be able to say anything because I have fielded collection calls for him! 8)

Anyway, it might be worth a shot and do get your revised letters out as soon as possible.

I have told my employer about Bass and Assoc.......He said he would GLADLY talk to them if they call again...:)

I just sent a revised letter, the good news is that I have not had a call from them at work today. Well I hope that continues because he was putting my job at risk. thanks for all the info.

You could also not talk to them.......Take a message if you dont have time to talk. I've had people take messages for me, if its important enough they will leave a name and number.

All good so far today, no calls. Now I guess I will be waiting on a summons, because they refuse to take what little money I have offered. It's all or nothing.

Very good! I'm trying to help this lady in a different thread and I feel so sorry for her. I think she's getting the run around with these collection companies....

Keep up the good work....Get tough with these snakes and make them work with YOU. :)