What does this mean
Date: Wed, 06/15/2011 - 18:19
Have you asked them who they are collecting for? Have you sent
Have you asked them who they are collecting for? Have you sent a DV?
It is just harrasement
Hey there,
I just joined this forum, but I'm not unfamiliar with crap like this. It's actually a growing problem. I've read a few articles about people that were victims of this junk and a few ended up taking the collector to court... and then a different company started the same contact all over again. They were folks that were mis-identified as owing something. Why? Credit collectors are dumb scum. If they had a brain they could think of an actual business model.
So, provided that no one has stolen your identity and charged up a bunch of stuff, they have no legitimate right to threaten legal action or continue calling unless the debt can be proven or they intend to follow through with said litigation threat.
My answer will be two-fold.
First get the following information:
[LIST=1]
If they cannot provide that or refuse to, kindly make them aware that the
THE FAIR DEBT COLLECTION PRACTICES ACT( 15 U.S.C. ???? 1692-1692p ) forces them to. If they refuse they can be subject to federal litigation which is never cheap, and in the least a nice FTC fine. If they provide you with that and you can verify that someone has charged the debt to your name contact your bank and an attorney. However this is most likely some idiotic agency that has the wrong guy / girl...
So, don't panic. If the debt is not yours then there is nothing they can do. If they continue to harass you then point them to the same FTC document this time section ( 15 USC 1692d - ?? 806. Harassment or abuse) . Specifically this line:
"(5) Causing a telephone to ring or engaging any person
in telephone conversation repeatedly or continuously
with intent to annoy, abuse, or harass any person at the
called number."
So they can call multiple times in one day, but not again and again and again. They also have to stop calling you if you notify them in writing.
Next this line offers protection against the threat. They have actually violated this act because they have threatened you without the actual intent to follow through with the legal action. How do I know this? Because they haven't verified you're the actual person that owes the debt... provided someone hasn't acquired it for you. Although if this was the first contact they definitely broke the law. So here is what I'm talking about :
( 15 USC 1692e - ?? 807. False or misleading representations )
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application
of the foregoing, the following conduct is a violation of this
section:
...
(5) The threat to take any action that cannot legally be
taken or that is not intended to be take
...
This means they cannot threaten legal action unless that is actually intended. If this was their first contact, they cannot take legal action against you. Therefore they broke the law.
Here is the document I'm talking about. Read this... it will be your friend when dealing with these vultures:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
Note: I am not an attorney nor am I offering legal advice. I am simply more informed than the average person. If this harassment continues consider seeing an attorney with the specific intent to sue for legal fees.
If you did not take out a payday loan, then no one can take you
If you did not take out a payday loan, then no one can take you to court for the same. Did you inform the person calling you that you haven't taken out the loan? If yes, then it's high time that you contact an attorney and take legal actions against the person calling you.
