How to stop harassment by collection agency

Have you seen their website? Says they are ethical, courteous and professional.
Since when did calling someone a belligerent **** become courteous and professional?
Acadamy says I owe them $2200 so I made a payment arrangement with them, now they say that is not enough. I told the guy, its the best i can do, I will get my taxes back soon and I will consider settling this. He said nasty things, so I told him, why don't you just F*** off and hung up. He called me right back and called me a belligerent ****.. Needless to say I will do everything in my power to make sure they see no more of my money. They can sue me.. These people will call your house without mercy, they call my cell phone, my work, my home.. Accused my fiance's son of being my husband.. Another employee said "liar liar pants on fire to me" then hung up.. NOw how is that for professional??? LOL

[color=Red]****Adult term removed - Jason[/color]

Do collectors really succeed in getting money after insulting and abusing the people with such profane language? If that's the way out, all the laws made by the federal authorities should be thrown in trash!!!!!!!!

But, the fact is that the laws are still there and that is the reason we hear about agencies heavily penalized because of their illegal activities.

Gargamel

You don't need to take the profane language used by the people from Academy Collection Services as a matter of fate. Fight back with whatever you can do from your side. Hire an attorney and collect all the proofs for suing this company. If the recording of the debt collection phone calls is permissible in your state, do it secretly and have a legal evidence of harassment on you. In some states, you have to inform the other party about your actions before recording the call. If the laws in your state insist on taking permission from the other party, leave a very clear message proving your taking permission from the other party. If the conversation continues after you have notified him, it means that the permission is granted by the other party.

Send a cease and desist letter to the company's mailing address if you have not sent till now. After receiving your letter, they should not call you further unless you specify to be contacted by mail. They have the rights to call back only if they intend to take any legal actions against you. Otherwise, it will result a violation of the federal law and the legal charges against them will get added.

Remember, all your correspondences with ACS should be in writing. Send your letters through certified mail with return receipt requested. Keep everything documented in a file so that you have all your proof in hand.

I am feeling sorry about what you have gone through. Be strong and put your complaints against them at the local AG's office as well as the BBB and the FTC. They must involve themselves in taking actions against ACS. Keep in touch often.

I am hoping these p[eopel persist with me after my initial call witht his loudmouthed idiot from their firm, whom I got the better of, caused to lose her cool and hang up on me. I have sent them a cease and desist order and am hoping they violate it as I have letters of compalint ready to go to the state attorney general where I live, to their state, to the Federal trade Commission and to the phone company, especially if they decide to play phone tag with me. If people knew the laws, knew they were not obligated to deal with a colelciton aganecy and even if uch things go to court, getting a judgement and colelcting on it are two seperate things. As for this company, people need to start shoving back, threatening them back, colling them back, filing complaints, and taking the battle back to them. Go tot he original debtor (in fact due to circumstances, i see a possible lawsuit against them and the company they sold the debt to for pennies on the dollar and even if I am not able to win I will drag this out for so long they will regret ever hearing my name. Instead of being intimidated by them, challenge them, tape them, be rude right back at them, laugh at them when they make threats you and they know cannot be acted upon. Knowledge is power and these people know for whatever person will laugh at themn, challenge them, refuse to cooerate with them and fire back on them, there are ten who will panic and get scammed because they believe whatever they are told. Even with revisions in the bankruptcy laws, there are ways to use this as a trump card if you are with it. Don;t pay these scumbuckets anything, ever. I told them i would deal witht he original debtor direct and this debtor might not like my way of dealing any more than Academy does. These people are a laughign stock, not even good at what they do. Inan era of electronic communication 9see how much negative is on them on the net alone) it is amazing they cans till scam people like they do. Again, knowledge is power. Get smart and get with it. Fight back, punch back and hit as ruthlessly as they do.

DP, you have chosen the right way of dealing with the collection agencies. Those violating the laws do not care about anyone or anything. They choose those who fear them and are not aware of their legal powers. Fear is even more dangerous than dealing with collection agencies. Do not get intimidated. It is one wrong move that can begin the problems with no ends. Be aware of your legal rights mentioned in the fdcpa and fight them back. It is they who are violating the laws and you are working within the laws. So, you have more power than the bad ones. Visit the FTC website and get the knowledge of your powers.

how can i stop ctc from calling my work place i am not i the office i am out in the field and do not get my messages until a wekk or two later i want them to stop calling me

Cash Transfer center is a loan company. The cease and desist letter template rule will not apply on them. Call them and see what they are calling for. You need to get it sorted before it goes out of control.

Guys we need contact tv networks like msnbc and so they can investigate and shut this company down.

I got a call from them. Called them back and spoke with a guy. He said he needed to transfer to me to his Supervisor which was a very rude lady. She started going in to specifics. I told her I needed to call her back when I wasn't on my cell phone driving so that I could write information down, look at a calendar (she was wanting payment comitments). She told me that it was against the law in the state that I am in to hang the call up, it had to be resolved then. I told her the law for the state I am in states that it's illegal for me to be on the phone and driving as well. She started screaming at me, threatining to sue, wage garnishment, and non stop calls (which is funny because if they can't talk to me after the phone is hung up, why keep calling me?). She would not stop yelling so I hung up on her. Funny enough, I am still getting multiple calls a day.

Wow, how professional huh? This is so outta control with these CA's!! Something has to be done soon! I think they're getting ticked off cuz consumers are finally finding out they have rights too!!
Abby, send a cease and desist letter to them! Only have contact with them thru USPS!
Good Luck,
ANg

LMAO! It is illegal to hang up on a collector in the middle of a negotiation? I'm sorry......still LMAO! What an idiotic BIATCH! The site has a self help section try going through that, I think there maybe a template letter for cease and desist calls with a collection agency....still LMAO!

How do I obtain proof that a debt is beyond the statute of limitation if I should have to go to court?This debt is not on my credit report.

Original creditor or older credit reports. If not then you would use the discovery process in court to get their paperwork and verify it.

here is a better cease and desist letter template that people should use. It does not confirm nor deny the debt. (be sure to check your State Statues as they will be different than Idaho's).
[Debt Collector's Name & Address]
Example The Best Service Company
10780 Santa Monica Blvd Ste 140
Los Angeles CA 90025-7613
RE: [Bank] [account number as it appears in the letter they sent you]
I am writing in regard to your request for an alleged debt collection. I am informed that you must validate the alleged debt. Please be advised that I am not requesting a verification that you have my mailing address, or any other contact information. I am however requesting that you please forward within the customary period to provide verification of all data regarding the establishment of this trade line including the applicable signed origination papers that contain my signature, certification of your company's right to continued debt collection in the State of Idaho (Idaho Statute 26-2223. COLLECTION AGENCY, DEBT COUNSELOR, OR CREDIT COUNSELOR PERMITS &. 26-2232. BONDS.), documentation establishing your continued right to collect as well as any supporting contracts related to any debt transferal, a line-item debt and credit summary of the account's history, or any other clear substantiation of its origin, legal assignation that bears my signature.
Cease Contact
I also herby request in writing to refrain any phone contact at my place of work, home, or personal mobile phone. Messages from your office are kept on the my Office's messaging system. My employer does not allow any type of personal matters to be handled via telephone. I hereby request that all communications pertaining to this debt or any other matter be sent via postal mail, as is my right under Federal and State statutes.
Failure to provide such validation or failure to disregard my request for Postal Mail contact only, will abridge my civil rights.
Thank you for your cooperation regarding this matter and for protecting my legal rights in accordance with Federal and State consumer protection statutes
(your name-typed not signed)

I've been contacted by AMO at work, and she offered me two solutions. Either I pay the $202 a month (for three months) that she decided I could pay, based only on what I pay for rent and car payment, when I pay so many bills, it's ridiculous. The other solution was that my wages will be garnished. She said 25%.

When I told them I'd mail it, because I get paid on the 1st, and they told me that I have to Western Union it, because they have to close it by the end of the month, despite that western union charges $27 for a transaction, and I also wasn't able to make the decision to pay them until the end of the month.

If I mail it in anyways, and they get it in three days, can they still threaten to garnish my wages? I know it takes a court order to do that, so that's why I think I could mail it in and be fine.

Thank you!

Unless im mistaken they are required to take whatever payment you offer them(check, MO, cashiers check, a couple chickens, a tv etc) and whatever amount you send, they cant deny or hold it. and how ever you want to send it.

Well I think you are correct Kamby. if you send a smaller payment than they want and they cash it, they have accepted it. If they file a lawsuit against you then you have a good reason to get the case dismissed with prejudice. You never had an agreement with the debt collector and it is not an installment account. If you could get it dismissed with prejudice for filing a false lawsuit then you don't have to pay anything.

I just got a call from AI today. It is for a debt that is in dispute with Directv. I am going to call my State Rep. tomorrow cuz. this has been going on since May 08.
Vicki

I've been reading up on how to stop the harassing phone calls from a collection agency. I have spoken with them and requested that they only contact us via mail and that they remove all work numbers from their systems. They are very argumentative to say the least. When I ask them for the address to mail a cease and desist letter, they give me the address for the original creditor....NOT for the collection agency. Am I supposed to send the letter to the original creditor? I was under the impression that the laws that apply to collection agencies do not apply to the original creditor and that this may be a pointless endeavor. Since they're obviously not going to give me THEIR address, should I snoop until I find it and then send the certified letter to them (the collection agency)?

You are correct in that the OC is not bound by the cease comm rules like a CA under the fdcpa. Who is the CA(s)? Remember, there is no basis for a "limited C&D" in the FDCPA. It is an all or nothing. I always add "Calls to my employer place my employment in jeopardy" and "ALL calls to my home and cell are recorded" to my DV letters.

Rec'd a nasty phone call on a phone that is not mine but belongs to another person in the same house from Asset Acceptance LLC. I do not have a phone of any kind. I answered the call because the person was sick and had gone to bed early, has a phone by the bed, and didn't want her to be disturbed. She is an old lady.

The debt collector stated that the alleged debt was from 1988. I said in twenty years this is the first time I have ever been contacted about said debt. It must be a mistake. The abusive yelling, screaming assault began to where communication was impossible. I finally got a word in edgewise to say that if she did not change her attitude I would not talk to her. She went on screaming, raging that there was nothing wrong with her attitude, that she did not have an attitude, this as loud and as demonic sounding as could be. I hung up. It has been said on this forum that it is illegal to hang up, however I would argue that under that kind of abusive situation it could not possibly be illegal, however I do not know how the law reads. At the time of the call I did not know it was illegal to hang up.

I did earlier on in the phone conversation say "prove it." I think that was what started the yelling. A few days later I received in the mail two sheets of their letterhead with little information. It sited Chase Manhattan as the creditor and an account # I didn't recognize at all. I've never had a loan, only used credit cards which are 16 digit numbers. This acct. # has 9 digits. Besides that info, the letter shows the last 4 digits of my ss#, the balance, my address and where to send payment.

The other paper is supposedly validation which only includes the name of the original creditor and the alleged original account #.

Nowhere is there any information regarding disputing the claim, or legal rights, time periods, etc.

On the phone the screaming lady said that she had documentation from Chase Manhattan directly. That seemed like a fraudulent statement, as I know creditors do not wait 20 years to write off a debt and send it to a collection agency. Nor did she send a copy of this alleged document.

In my case, My personal info is the right person but the alleged debt acct.# seems to me to be a mistake or made up fraudulently.

How does the fact that this is 20 years old affect what I should do in response, and that I think this is fraud or a mistake? How should I go about this? What should I do? Also note that the date of origin does not appear anywhere on either of the two pages sent to me. It was only told to me verbally over the phone, (which is not my phone.)

Thanks for your great website! Good job!

You can also get a prepaid debit card and it will cost you a lot less. Some check cashing places offer them for free as long as you put the required minimum amount on them at the time of purchase.

Just make sure you do not give them any bank account information.

Quote:

Thanks for the quick reply. I am about to try and locate what an FOAD is. If its not too much trouble, please fill me in on that. Am looking around to try and find out what it is.

It seems that Asset Acceptance, certainly among others as well, consistently violates FDCPA rules and regs and should loose their licence. Yet BBB gives them a high rating. Crazy.

FOAD letter means "F*** off and die". You are basically telling the CA to pound sand as the debt is way beyond SOL. Tell them never to contact you again by any means.

i talked with a lady who said i should be thankful i had a job and i Could afford the fifty i promised to pay til i paid it off i told her things came up and she continued to call my work when i told her not to very rude to me

ok im from florida and i have a home havent paid they say-homecommings fin -collection agency- have a mortgage they say i havent paid since 2002 well i have paid coll-agencies difrent ones well they keep selling my loan -so far now about 7 times this one well i used one of ur letters on here and no phone calls havent heard by phone they stopped---the letter i wrote was the one ----validation well havent heard back yet -if they validate- what would it look like so i will know---and is there a statute of lematations on this? can they sue me? I dont know if im supose to pay collection agencies or not right now im just sick they sold my loan again----I do know about 3mths ago they told me i could settle out 4,000 then a month later it was 3,000 well i dont have the money up front well now they sold my loan again --now they send me a letter 35,000 well here we go back to square one again-this time it scares me because i am trying to fight back on my own--thinking well i may loose my home any insights at all --frightned in florida

Can a cease and desist letter be sent to an original creditor? Unfortunately I purchased an automobile with a finance company that I did not know at the time was less than reputable. With my husband lossing his job 18 months after the purchase there collection tactics have gotten out of control. Let me point out we have only missed 2 payments this is with only one income a mortagage and regular living expenses. I just want them to stop calling my job 4-6 times a day. We have had to change our home # because they were literally calling at all hours of the night and day. I now work 2 jobs and they are coming to my second job threating me and embarassing me in front of co-workers and customers. Will this letter let us have a little peace of mind until we can get current?

Unfortunately the fdcpa does not apply to the original creditor. More than likely if you dont get current, they will repo the vehicle. Talk to them every morning and work with them.

can a company sue you if they are in bankruptcy?

actually,if a company is in bankruptcy.they will make a stronger effort to collect outstanding debts.that does include suing if needed.

I AM BEING SUED BY CHRYSLER FINANCIAL FOR A LEASE VEHICLE THAT I VOLUNTARILY TURNED IN. CHRYSLER IS CURRENTLY IN BANKRUPTCY, CAN THEY STILL SUE WHILE UNDER BANKRUPTCY REORGANIZATION?

I believe they are still entitled to collect money owed to them by any legal means.

would that be because you still have the "debt collector " mentality in your bone or is this still your profession? They are entitled if they do it legally without harrasmement and can provide validation...and if this is done the courst can provide a judgement which will eventually go away if the person can not pay within the sol..this is the risk that credit cards take..why they make sooooo much money and charge such huge interest rates...double billing tactics etc...because they can and they do and they also include their projected losses into every future purchase you make with a credit card....if you can't pay DONT...it will go away and your credit score will be bad for a few years..but this all goes away with time sorry j.m.o.
[samebox:ddc5f8349b="paulmergel"]i also said that before FYI did.that's the fact.a company can still collect in BK.besides nobody subscribes to your point of view.later.[/samebox:ddc5f8349b]

Umm, that first sentence was uncalled for, especially considering that you said what she said in the next sentence. She said "BY ANY LEGAL MEANS". ***LEGAL***.

Suggesting that someone ignore their legal obligations (and since a debtor signs a contract, they are legally obligated to pay back exactly as the contract states) is highly unethical, and in the case of debts, can be downright destructive.

We are for the truth here, the facts of the law, and of due process. We are not here just to play cheerleaders for the "I hate all creditors" crowd.

There is no law stating that a company that is filing Chapter 11 cannot sue a debtor. That is the facts. If you do not like the answer, petition your Congressperson and Representative to introduce a Bill in the Legislature to make it illegal.

And just because a person voluntarily returns the car does not absolve them from the debt. A lease is different than purchasing it, this person violated their lease contract by ending the lease early. Those policies for early cancellation would be on the Lease Agreement if you need to be sure exactly what they are.

I understand the mods here are here to help the site who "consolidates debts" If no one consolidates..no one here has a voice or a reason and the site downt make money it makes a lot of sense that you try to help with bad "creditors" but that you get people to try and pay their debts because the site makes money with "debt consolidation consultations" you are right everyone should pay their debts but I thinks if they end up here on this site most arent going to pay and looking for more "laws" on their side to get out of the situation
[samebox:990b730f4b="paulmergel"]spoken like a true humanoid.[/samebox:990b730f4b]

No, I disagree. While there are a few dishonest collection agencies and a few dishonest debtors, most that come here are being treated illegally by collection agencies and being told all kinds of false threats that place them in genuine distress.

People should try to pay their debts because it is the right thing, the ethical thing to do.

There are no ways to get out of paying your legal debts, except for getting a cell phone, and constantly moving and changing jobs (a consultant or a temp is a handy way to avoid garnishments) and hiding out for 7 1/2 years. That's a loooong time these days.

I get daily calls from Allied Interstate, and I owe them nothing. I have excellent credit and owe no creditors. How do I get them to stop calling me. I called the number back that comes accross caller ID and it is a number not in service.

They are probably useing a # that can not receive incoming calls, personally I think that is dumb.. but hey.. it's not my company. Look them up online.. call them.. tell them to stop. easy pie.

Mail them a Cease & Desist letter via Certified Mail, Return Receipt Requested. Put on the letter specifically that this is not your debt and they are to leave you alone or you will file complaints with the FTC, the FCC, and your State's Attorney General.

you will have to file all those complaints because I believe once the debt has been re-sold...these second feeders down to the bottom feeders will ignore the fact that you can prove they received your cease and desist...I would add to Chrys above...pay more than the certified return receipt requested...I got a few "nixie" letters returned after a month or so that these bad debt collectors simply would not sign for the mail I sent...it has been quite a while since that happened but you need to when you go to the post office and they ask what you want...it is more than certified, return receipt requested..that you need to purchase...because I had several of those returned undeiliverable but when I resent and spent more money...I think it is Express Certified? sorry I don't remember...all I know is I was then provided with tracking and the employees name who HAD to sign for the delivery..simple certified and return receipt requested? These bottom feeders know every angle how to ignore those and chrys...I am verysurprised you didn't acknowledge that info here?

CMRRR or Priority work just fine. Another "Humanoid" post.

If you mailed it to them and they did not accept it, then that is their fault and will be taken into evidence against them in court if they should decide to sue. If you want extra protection against that, I would also send a dispute to the CRAs with copies of the the C&D and the returned (& unsigned) green card and the returned envelope - copies, of course. The CA is legally required to comply and can no more get away from it than you can from a parking ticket on your windshield that you casually toss to the ground without looking at. ESPECIALLY if you back that up by telling them to Cease & Desist over the phone.

Certified mail has a tracking #, so your information is inaccurate.
("http://www.usps.com/send/waystosendmail/extraservices/certifiedmailservice.htm")

okay so if you send a certified and get it returned to you as "undeliverable" and it somehow gets returned after the "time frame" you were allowed to dispute the debt and demand validation..and the company says..we never got any correspondence from you..because they would not accept your simple certified attempt and you got that green card and later your letter returned as "undeliverable" don't you have an even harder process because they will not admit you responded with a debt validation within the time frame allowed for disputing...do not contact me further until you provide validation etc.etc.....certified mail does have tracking BUT if person on the other end refuses to accept the simple certified letters...they are indeed returned....I know because it happened to me and I used to work at the post office more than 30 years ago and was very surprised this happened! Maybe you guys are talking about reputable debt collectors..I was referring to what a nightmare I had to deal with getting these bottom feeders to leave me alone and it took paying I think it was almost $18 a letter in order to get the info of "attempted delivery to "name" time etc. I don't care if ya wanna call me a liar just tried to help someone here and I guarantee that there are other people who have sent a "green card" certified letter and the collection company has refused them and the debtor was wondering how in the hell did that happen?

p.s. Chrys if you do not believe me I still have the green card simple certified letters I got returned in my safe..I am saving for seven years after the fact...I could scan those and e-mail them to you?

What I am saying is that if you follow the proper process, then you should be ok. If you do *not* follow proper process, then you will *not* be ok. And "you" means everyone involved in the situation.

All I'm saying is that is they don't accept it it is THEIR fault. You have the evidence to show in court that you are being responsible. Period. CYA....

where can i find the information or state/federal laws that gives the consumer the right to request debt colletion be ceased by creditors and allowing that individual to deal only with the original collector to pay off any debt.

Sec 805 of teh FDCPA covers cease comms:

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

Your rights against Debt Collectors are here.

I just started getting phone calls from NWA and I gotta tell you, they think they can be so intimidating, sounding all "legal" and stating they will have to make a "recommendation" to the creditor. I'm not sure what all that means and I have told them to prove it and send me terms and agreements in writing in the mail and they refuse. I've read a lot of things in the internet about them and I'm not sending them any money.... at all. Thank you everyone for contributing what you have to help me stand stronger.
denise, pensacola, fl

Send them a Debt Validation letter by Certified Mail, return Receipt Requested. They are trying to pretend that they are there to help you avoid the creditor suing you. It may be true, though. Hard to tell, so send that DV letter immediately.