In debt management, credit cards still demanding payments??
Date: Sat, 02/18/2006 - 08:09
In fact, they called 20 minutes apart today and when I told the first person I was with T and C and would not be making a payment, they hung up on me. The second person was very aggressive and persistent, telling me they if I don't pay, the harassing calls will continue, they will charge me $70 a day. They want my bank info to post date a check. They told me they wouldn't accept the proposal from T and C until I paid them, first it was $40 and then it was $20. They said they noted my account that I won't pay and they will continue the harassing phone calls at all hours. Can they do this? Would it help to send them a cease and desist letter? Since they are the original creditor are they still bound by the Fair Debt Practices laws? Thanks!
Sorry for the long post, but I've told these people about 10 times that I'm with debt management. I don't appreciate the blackmail either. I can't call T and C until Monday.
Most of the people go through similar situations while dealing w
Most of the people go through similar situations while dealing with the creditor calls asking for payment especially after getting enrolled in the management program. These calls usually continue for 2 - 3 months before they stop completely. The only way out is to keep them informing that you are making regular payments through the consolidation company and they can prove that money is being sent to the creditors.
You can't force a cease and desist letter on them as they are not bounded by the fdcpa laws. It is applicable on collection agencies only. But if your state laws allow recording of the phone calls secretly, you can do it for gathering some legal proof of harassment on you. Consult your attorney and file charges on them. The court will issue them legal notice. In some states, you require taking permission from the other party before recording the calls. If this rule is forced in your state, make sure that you have notified the other party before recording, otherwise things will take a reverse turn.
Do not send any money to the creditor if your consolidation company is sending them money. Ask for the contract signed with them. Also, you must keep a copy of the monthly statements showing the payments made to them. All these details will prove your part and keep you in the safe side.
Thanks for the advice. Didn't think C&D would work. I plan on
Thanks for the advice. Didn't think C&D would work. I plan on calling T&C first thing Monday.
I have their statements showing the payments they are getting. They are telling every kind of lie and put down to wear me down and get me to pay.
I have 4 payday loans consolidated too and haven't heard a peep from them and they were the ones I was worried about.
T&C will handle the creditors. They are very good at what they
T&C will handle the creditors. They are very good at what they do.
Scooter, In which state do you live? Some states allow recor
Scooter,
In which state do you live? Some states allow recording of the phone calls either secretly or after taking the other party's permission. Check the laws in your state before doing this action. This recording might help you in building up some legal proof.
Document all conversations. Get names, time and date of call an
Document all conversations. Get names, time and date of call and like curlycarl stated above record all conversations, but make sure of your laws regarding taping conversations.