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How to stop harassment by collection agency

Submitted by roxette on Thu, 11/10/2005 - 14:23
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Hi

You can legally stop all the harassing phone calls from the collection agencies. You can send a cease and desist letter via certified mail to a collection agency and request them to stop contacting you.

However, make sure you have a copy of this letter for future reference. Once the collection agency receives this letter, they are required to stop communicating with you under the FDCPA law. They can only inform you about the actions that will be taken against you.


Once you are making payments of any kind, even very small ones, remember to review your statements and ask or politely demand that any 'finance charges' or other fees be removed as well.

Sometimes these fees and other charges can be more than your regular payment. This happened to me and I was able to get these charges removed every time I called (3 or 4 times).

When you agree to a payment schedule be sure to get your interest rate stated clearly (always demand a low rate) and try to get language preventing additional fees as long as you are making a regular payment even if it is very small.


Submitted by on Mon, 03/01/2010 - 15:13

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The best way is not to answer anything letters, phones, etc. Whether valid or not, the minute you answer they will continue to harrass and the debt starts anew from that moment. Just make sure your phone contact list is always accurate so you do not answer unwanted calls. Never give anyone but your immediate family and friends your landline. For anything else use a cell phone which has many capabilities to block or verify unwanted calls. In other words keep ahead of their game.


Submitted by on Mon, 03/01/2010 - 16:53

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Oh and one important thing, do not have credit cards with the same bank you have your checking account or other accounts. A friend of mine lost his job and was not able to pay his credit card and the bank withdrew all his funds from the checking account to subsidise the debt. Funds that were loaned by a friend to pay his rent. That's illegal but apparently not if both accounts are in the same institution. Be careful.


Submitted by on Mon, 03/01/2010 - 16:58

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last year i borrowed money from a car title loan company and this month i havent been able to pay on the loan they are harrassing me with phone calls to my job family etc wht shud i do ?


Submitted by on Tue, 03/02/2010 - 15:16

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OMFG! this lady just called me saying that she was with allied and i said who is allied and she said can i have your social and i said no you may not, who are you with. this lady replied with i have your social your loss and hung up on me!


Submitted by on Thu, 03/18/2010 - 13:22

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Can a collection agency continue to call when you've asked them repeatedly to stop and you are making monthly payments to the original creditor? The collection agency has this on record.


Submitted by on Wed, 03/24/2010 - 07:53

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Quote:

Originally Posted by Anonymous
Can a collection agency continue to call when you've asked them repeatedly to stop and you are making monthly payments to the original creditor which the collection agency has on roecord?

The collection agency cannot harass you once you have informed them that you are working with the original creditor to pay off the debt. But if you've merely asked them to not call you, it won't work. You need to inform them in writing. Send them a Cease and Desist letter via certified mail with return receipt requested so you can have proof of it. If the CA still contact you, they will be in violation of the FDCPA laws.


Submitted by Good Nelly on Sat, 06/05/2010 - 00:53

Good Nelly

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Quote:

Originally Posted by Anonymous
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



If I recall the Fair debt Collection Practices Act PROHIBITS them form Contacting your Employer or Calling you at work


Submitted by on Wed, 06/09/2010 - 06:32

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Quote:

Originally Posted by SOAPLADY
As a first party, the original lender or bank is not bound by any cease and desist unless state law supercedes.



Ill do you 1 Better If the Original Creditor Actually Sold the Debt to a Collections Agency the Debt is No longer Valid As the original Creditor Received their Money, and the Collections Agency Relies on the Debtors "Stupidity" to make their Money, You are only responsible to the original Creditor as that is who your Contract was with, NOT the collections agency.

You are not Responsible to Pay a Debt collections Agency for any Reason, EXCEPT If you Make a Verbal Contract with them over the phone, this is why they record Phone calls, it is admissible in court.


Submitted by on Wed, 06/09/2010 - 06:37

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Quote:

Originally Posted by Anonymous
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


The best way to deal with collection agencies is to give them what is called a cease and desist letter. The one posted above should work quite well and there are literally dozens of examples on the net. ALWAYS send those type of letters via certified mil with return receipt since you will need that as proof of receipt if it ever goes to court (and YOU will be the one taking them to court should you do this right!) Afterwards, keep a diary notating date/time of any other calls and/or what is said by them. Profanity on their part or threats is against the Fair Debt Collection Practices Act. Violations are $1000.00 per incident.

As far as taping the conversation, double check your state's statutes. Many states require that you get permission from the other party. You can do this by stating immediately that you tape all business calls and that continuing to speak with you constitutes permission to taping. If this isnt acceptable, tell them to hang up immediately! This is why they say all calls are monitored for "quality control" purposes. You keep talking, and they can use the recording in court because you were given proper legal notice. USE THEIR OWN TACTICS AGAINST THEM!!!!

Once you get your documentations of their violations of law, speak with a consumer advocate lawyer. More and more of these lawyers are taking these sort of cases on contingency basis (you only pay if you win!) because these sort of cases are pretty much a slam dunk win for them. is an example. I dont work for or represent them in any way, its only an example of a law firm doing this sort of work, you can of course represent yourself if you feel comfortable with that! As a matter of fact, my information isnt to be considered as legal advice because Im not an attorney, merely one that has dealt with this stuff before and only wishing to help you.


Submitted by on Sun, 06/27/2010 - 07:35

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In my state (Wisconsin), collection agencies cannot sue you. Only the original creditor can sue. The collection agency can only recommend to the original creditor that they sue someone. This isn't going to happen because the original creditor sold the account to the collection agency! Wage garnishment from a collection agency would require them to appear in court (which they don't do because they are staffed by a bunch of poorly educated, low-paid staff). To threaten you with lawsuits and wage garnishment when they don't have the authority to do so is yet another violation of the laws. Send a cease and desist letter and, if they call you again, document the date/time and contact your state Attorney General's office.

If you have caller ID on your home phone, I recommend getting a call blocker. There is a company out there called Digitone and they sell a unit (about $100) that you attach to your phone. As soon as someone calls that you don't want to communicate with, you just push a block button. From that time on, your phone won't even ring if they call you again. The system just picks up the call, waits several seconds, and then hangs up on them.


Submitted by on Thu, 07/22/2010 - 06:58

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hi,im in Texas. We currently retained an attorney to go after our finance company. We purchased a vehicle,and made the 60 payments. We even have a letter from this finance company stating all 60 payments have been made. After sometime,i called them to ask for our title. They informed us we still owed 3,000 something. I asked for what????? She said she didnt know and would transfer my call. I spoke with another lady and said she would send me out something. I asked her to send me exact dates,and amounts and what each amount is for. They sent me a copy of our payment history(WTh???)...I called atleast another 5 times and went round and round. I have approx 5 copies of the computer printed payment history they sent. They started sending out repo men. Thankfully we were never here. They have been thru approx 5 repo companies. We have sent out dispute letters to this company,nothing in return,no replies,nothing. We sent letters to their legal dept,nothing. We have had numerous calls,stating they are INVESTIGATORS. Calling family members,and their family members whom we dont even know(unsure were or how they got the corollation there??) They threatened my son,telling him he was going to be arressted for withholding FEDERAL INFORMATION....etc. They have called my house at 12 at nite,threating to come kick our asses,and have us arrested. It goes on and on. I have kept all my voicemails from there,threats and all. My question is,the ceist and desist letter. We have one going out tomorrow,to the original creditor,and all repos that have come to our door. Its this current repo man we cant locate. I have seen his truck,and got name and address(which truck is from another city 2 hours away),he never leaves a buisness card,but a hot pink piece of paper with a case number, his name and cell on it,hand written. I dont know how to get this letter to them,via certified to stop his coming everyday. He comes at 8am and bangs and bangs on door on front windows,etc. We are not hiding the car,but it is not here in this state as its being used for work out of town.
I am wondering,should i just tape this letter addressed to them for the next time they arrive? And how effect is this ceist and desist letter? If they were served with one and still come to your home,can anything be done?Also,if i do come face to face with this repo man and i ask him to leave my property,but refuses,what legal grounds do i have??? We are working to sue this finance company,and as it looks,can sue for damamges on some repo companies for breach of peace..
Any help would be appreciated!!!


Submitted by on Tue, 09/28/2010 - 16:27

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A collection agency - Portfolio Recovery Associates- called me today and told me that I owe for a telephone bill from '97. I told them I know nothing about that and I wasn't even living in that state at the time. The adress they had to reference to doesn't even exixt. I googled mapped it. They asked me if I was disputing and then they asked for my adress. Of course, I gave them nothing as I am very careful about who I give info to. They provided me with an email adress. and a physical adress of their company in Virginia. I live in Louisiana, The bill was in Texas. My question is... can they affect my credit at all? I know the SOL ran out some time ago... but since I talked to them, can they start it up again?(I let them know it wasn't mine and basically was finding out info on them to investigate how they have my name) Or can I just send a C&D and be done with them.


Submitted by on Tue, 10/12/2010 - 17:46

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They keep calling me asking for someone with my last name that doesn???t live here, and they wont stop. I???ve called them several times and all I get is some rude person who says they don???t believe me and then hangs up on me. Yesterday I???d had enough, I called them and when they started being rude I walked outside with the cordless phone (I live in the country) and started speaking softly so they???d turn up the volume on their headset or phone. I then placed my .45 handgun right next to the speaker and fired 2 rounds into the ground. I placed the phone back to my ear and the person on the other end was screaming to high heavens. I yelled at her (probably couldn???t hear me anyway) ???that???s what your going to get every time you call me from now on???. They haven???t called back again today, so maybe they got the picture.


Submitted by on Mon, 11/15/2010 - 05:32

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Hello if anyone on this forum is intersted in putting a end to collection agency's calling ur house shoot me a email i have a solution a product that is like having a lawyer in your pocket this product will scare them away for good and it also has a recording every time they call that states that they are bothering you and it states for them to send letters instead of annoying phone calls once the telemarketer calls you all u do is press 9 or assigned number on your phone and it boots them for good and plays a recording that a lawyer has made they are being monitored thr deivce will state a number for them to call which is a lawyers office. Great product to get collaction aggency's of your tail ;-) email me if u need any advice or if u are intersted in the product i guarntee you that your phone will stop ringing for good. If u decide to email me i will give you all the info about the product this product is not expensive and will put the calls at a end for good thank you.! Email: personal info removed as per ToS - Jason


Submitted by on Wed, 01/12/2011 - 23:12

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Just ignore them they will go away and a new CA will buy it from them, wait for the statue of limitations to run out, they cannot do anything to you, only the original owner of the debt can take you to court. You should be able to look on your credit report and see where the original owner of the debt wrote it off. The CA bought your bad loan in a bundle with other bad loans for pennies on the dollar or they found out it got wrote off and decided they would try and scam you for a quick buck. They are only trying to scare you into paying something.


Submitted by on Fri, 01/14/2011 - 21:37

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@ND - they may have bought the debt but that does not mean they can prove the debt. It does mean if the alleged debtor doesn't show up there is a likelihood they will get a default judgment, I hate when that happens. Make them work for it and PROVE IT.

Since this thread is about harassment by collections operators, this seems relevant and I am glad to see more and more than New York is really cracking down on the abuse, wish my state was like that:

https://www.youtube.com/watch?v=t0PRL7elc00


Submitted by Gretchen VonDerhoff on Wed, 01/26/2011 - 22:47

Gretchen VonDerhoff

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I too have had to deal with Academy Services when they were trying to reach someone with the same last name as my elderly mother.
I told them politely that I had never heard of this person and that they do not live here. The calls continued on a daily basis until I sent the certified Ceas and Desist letter. After that I never heard anything from them.
I am now being contacted by Norstar who has even worse tactics than academy. They are also looking for someone else but got my name. It looks like it will be time to send another letter and hope that it works as well as the first one.


Submitted by on Sat, 03/12/2011 - 09:08

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I keep receiving phone calls from Allied Interstate for my husbands ex wife and now JUST TODAY for my ex mother in law. I have had it. This has been going on for over a year now. I have written repeated cease and desist letters, had my lawyer send letters and asked them verbally over the phone to quit calling. They are now calling our family business and some how gotten my cell#!!!! I have had it!!!!! This is war now!!!! My husband has been divorced for over 13 years and I have been divorced for over 11 years!!!!


Submitted by on Mon, 03/21/2011 - 07:47

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I was told that Pinnacle Credit Services were [COLOR=black]fraudulent and i checked with the company that they said i had an account with and they said that they don't have anything. So you might want to check in to it and I cannot say that any reputable company would treat people that way.[/COLOR]


Submitted by on Tue, 03/22/2011 - 14:46

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In some states the collection agency may not take any legal action against you as long as you make an attempt to pay...that means send them a dollar a month. That is all you can pay then that is what you send. They then can not take legal action against you, as you ARE paying off the debt. Abet slowly! Any one having problems with Oxford Management, note that they have been sued by the government for illegal collection actions.


Submitted by on Wed, 03/23/2011 - 08:46

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425-562-3214 is calling me constantly on my Tracphone. I have tried to answer and tell them to stop it but I just get sent round and round, operaters are busy, mail box is full etc., and as much as 30 units are deducted from my time.

I am a Cash Only person and have NO DEBTS of any kind and am tired of their harrassment.

How Can I stop them.


Submitted by on Thu, 03/24/2011 - 07:45

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I have received numerous debt collection calls from this company for a Mr Black who must have once had my new phone number. People these days change their phone numbers like they change their shoes! The automated calls state that if I am not that person, to press a number 2 and I will not receive any further calls. Unfortunately this does not work, as I have done this repeatedly and I am still getting calls. In received one at 8am on Saturday morning when I was sound asleep and then again on the following Wednesday at PM. I have received these calls at various times of the day and night as well as when I am at work. I use this line for business and have already had new cards made and annual advertising paid for.
This last time, instead of pressing 2, I pressed one and let the person on the other end of the phone know my feelings ( I am putting this politely) no cussing or anything vulgar, but in no uncertain terms.
I am going to document each of these phone calls, time, date and who I am speaking to and then I am going after this agency for damages. I have been assured on several occasions the calls would stop, but they do not. I am sending a certified cease and desist letter out tomorrow. Would anyone like to be involved in a class action suit against them, please contact me through my local craigslist, Hampton roads, VA and search for "first national collection agency" in order to contact me. If there is an attorney interested in this class action please also contact me so we can determine the extent of the damages and amount of people involved. This kind of harassment has to stop!


Submitted by on Wed, 03/30/2011 - 17:26

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:mad::mad::rolleyes::confused: I've had several collection agencies call me, threaten me and just completely harrass me... One collection company called my job everyday this was so annoying and embarrassing, she spoke with my co worker and gave her all of my information which i thought was illegal she told her that I wrote a bad check and I was going to be arreseted and she was my friend she'll help me... WTF.... She was convincing my co worker that I was going to jail and wanted my job address.. when I finally spoke with this BAD WORD she had pissed me off so bad that I said Ohh My God this Hefa had the nerve to say God, God didnt write this check you did... I said BAD WORD you crazy ... Another company kept calling my job and asking for my supervisor I'm like what do you want my supervisor for he's yelling and screaming let me speak to your supervisor I said you know what I am going to report your BAD WORD to the Better Business Bureau for harrassment and I did and I havent heard from his BAD WORD since.... The guy at the top is write you have to threaten them right back so theyll leave you the hell alone they always asking for money but will never send me information about their company who I owe? when? How? and all of the information you want... So to the Credit Collection Agencies they can Piss offff.......


Submitted by on Thu, 10/25/2012 - 08:56

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