Consumers can protect themselves from debt collectors' errant calls Tampabay.com
These days, more and more people report getting "robo-dialed" by debt collectors looking for people with similar names, similar phone listings or similar addresses.
It's annoying, irritating and — when a collection call jolts you awake late at night — sometimes downright frightening.
Take Ted Gibson, a retired government economist in Sacramento, Calif. The phone directory lists him as "T. Gibson," which means he's frequently called by collectors looking for folks with similar initials.
Although he says he and his wife pay off their bills, do not run up credit card charges and have clean credit histories, "We receive five to six calls a week from various collection outfits" for other Gibsons whose first names start with T. Many of these other Gibsons appear to have multiple outstanding debts, Gibson says, "So there are a least a dozen different bill collectors hounding us night and day."
Federal officials say debt collection calls — including those to the wrong person — are increasing. Last year, the Federal Trade Commission logged 140,000 complaints about debt collectors, everything from calling the wrong person to leaving threatening messages.
Blur Debt Collector/Waltz Demo
A charming little recording of the musical interlude "The debt collector". And if your still in a jolly sort of mood, this recording ...
Can a debt collector physically show up to your home to collect on a home equity mortgage?
I was a collector of unsecured debt for years ( I was the guy that hounds you on the phone :(). I know the FTC regulates debt collection through the Federal Debt Collectors Practices Act. I remember my boss telling me about the Good Ol' Days when he would go to peoples homes and actually reclaim furniture, pianos etc. I am looking for specifics. Thanks in advance!
Can a company switch debt collectors while a debt is in dispute with the original collector?
Due to a mistake on their part AT&T believes that I owe them money that I do not. I was contacted by a debt collector, and I immeadiately disputed the debt in writing. The Debt collection service never contacted me again. Now, six months later, I have a collection letter from another collection agency, once again claiming I owe this debt. How do I make this go away?
The debt has been sold to a collection agency. When you disputed the debt, they just sold it to another collection agency. You have to dispute it again. Unfortunately, they will probably sell to yet another colelction agency.
Hopefully you have some documentation that proves you do not owe the debt. Dispute the item on your credit file -- the collection agencies have undoubtedly reported it.
If that doesn't get the item removed from your credit file, send the collection agency a certified, return reciept letter requesting validation of the debt to include copies of contracts and documentation proving you owe the debt. Give them 30 days.
If they fail to respond, send another dispute to the credit bureau with a copy of your validation request, indicating that they failed to validate. That should get it removed.
However, it may still come back to haunt you thru yet another collection agency. Somewhere along the line you might even consider a delete for pay -- you pay $x and they delete. Get it in writing and don't give them direct access to your bank account.
It looks like you feel really screwed up by this problem. Hope you may found helpful here http://www.DebtFreetips.info/debt-free.htm .
How do you figure out if a debt collector is the "assigned" collector or that they have purchased the debt?
I also wanted to see if this needed to be validated through mail legally? I got contacted by a debt collector and they never sent me anything in writing within four days (which it says per FDCPA laws) and they are just asking for money. Can the actual original creditor (which is a Citi bank credit card) be contacted instead? Any suggestions or info would be greatly appreciated!
Could debt collector legally withdraw money from my bank account?
I want to provide an immediate family member with a credit card, under my account, for limited use. This person is, however, in debt. Will the debt collector be able to legally withdraw money from my checking account?
No - nobody without a court order can take money from your account without your permission. And collections can't get a court order against you for someone else's debt.
Is a debt collector supposed to be discussing with someone else about how much money I owe?
I don't think it was the credit card debt collector's place or position to tell my former foster mom how much debt I owe. I'm a grown woman with a college degree, & the foster mom has nothing to do with my finances. & then she used it against me & threw it in my face & made me feel bad. I fell into debt as a result of Hurricane Katrina & had trouble getting out, ever since. & then, the foster mom tried to tell me I need to learn how to manage my money. I already do. I just have an unfortunate situation that I'm dealing with right now.
It is a violation of Federal Law for debt collection agency to discuss any aspect of a debt they are trying to collect with anyone other than the debtor or their spouse (and in many states they can't even discuss it with a spouse). You may find that you will no longer have to pay the debt depending on the laws of your state.
Also, I know of professionals who can help you out of your situation since it is Katrina related credit issues. You may contact me if you want further information.
First step is to find out just how much the foster parents know, then go back to company go above this persons head put ALL of this in writing.....phone calls are where you might lose your temper [rightly so] but can weaken your stance of the one being in the right..............when you write to the company give them a deadline of say 8 days to respond with their action plan of putting this matter to rights and ask that this reply is also in writing, when you send off your letters ensure that they are signed for and you have records of them.
Sorry to hear about your run of bad luck, but hopefully this is just a glitch for you and things will be back on track real soon.
Some will get aggressive with family, especially parents or grandparents trying to scare them into paying for the child. Years ago they traumatized my elderly parents , telling them horror stories of what they would do to me if it wasn't paid.
After I found out, i told the parents to just hang up on them, then I called the collections agency . . .
I told the agent I was coming to smash his dialing fingers so he may want to train for other employment.
I told his supervisor that due to the employees tactics, and traumatizing my elderly parents, I would NOT be paying the bill EVER . . . and asked how well those stupid tactics were working now ?
Report the loser, to the authorities and his boss. (although the boss is probably of the same ilk)
You should report them to the Federal Trade Commision.
Can a Debt Collector share experiences about debtor from his old job online?
Query can you share crazy stories when you were a debt collector online. Not giving any names or anything just experiences?
What rights do I have when a debt collector or creditor is trying to collect money from me?
My husband passed away and left a credit card debt. I did not co-sign or use in anyway this credit. Should I be concern? I already send the death certificate and now the credit card send the info to a debt collector.
Shoul life insurance be consider his state or mine?
I agree with the first poster that the credit card company or collector can "petition" the estate to be paid - but that doesn't mean that they "will" be paid if there is no money in his estate.
Whoever is the beneficiary on the life insurance is who gets the life insurance and life insurance "is not" part of the estate, it cannot be seized or garnished for a credit card debt.
You did the right thing by sending the death certificate (I hope you sent it certified mail return receipt, for proof that you informed them).
If you used a lawyer for the probate your best bet would be to ask the lawyer to handle the collector.
If you don't have a lawyer, since you sent the certificate to the original creditor(?), if the collector tries to make it your debt then you might send them a letter stating it is not yours, that you have previously sent the original creditor a copy of the death cert., that you are including another copy of the certificate and to cease & desist their collection attempts to you.
Then you might file complaints with the FTC, BBB, your Attorney General and the collectors AG.
If the collector is claiming "you" owe it and not the estate, you might also send a complaint to the FTC, your AG and the original creditors AG concerning the original creditor turning the debt over to a collector after receiving a death certificate.
(in some cases original creditors "can" be held accountable for the actions of the collector they assigned the debt to)
Be sure to keep an eye on your credit reports to make sure they don't put it on them. If they do, dispute it with the CRA's. If they remain then include that fact in with your complaints to the entities I listed above.
I'm sorry for your loss.
Can a debt collector take money from your paycheck?
I've been told that this "debt collector" is a scam. But they informed me that they will be taking money out of every paycheck. They also calling sometimes 10 times a day, when I told them to only contact me through the mail.
As for taking money from your paycheck, they can not attach you wages without documentation signed by a judge.
writing to stop calling and you have caller ID then you can
sue them 1,000.00 for each call after receipt of the letter (give them a week grace). Consult with a Consumer Law
Attorney
creditinfocenter com (read carefully, wording is everything)
Write another stop calling, add in the validation,check the statute of limitations on the original creditor, and did they PURCHASE or assigned the debt, and
add your right to sue all in one letter. Don't answer
the phone, I hope you have caller ID and if they don't
leave a message that is harassment also.
check the debt collection agency out and see if they
on the list
buddhibbs com
Can they take money out of your paycheck. They first must file a suit and get a judgement against you. Then they can file for a wage garnishment, if it is allowed in your state.
The first thing you need to do is send a debt validation letter to them. In the letter you need to have them provide you proof that they do own the debt, as well as proof that it is your debt. Send this by certified mail with a return receipt to prove that they got it. In order to have them stop contacting you by phone you must send this request in writting. So in the same letter you can state that they are not allowed to contact you by phone.
If after this time they call you(even 1 time) you can file a suit against them for violation of the FDCPA(Fair Debt Collection Practices Act.
How hard is it to be a debt collector?
I am leaving real estate and recently got hired as a debt collector. I have never done this before. Have you been a success at this and what is it like? What can I do to help with my success.
i have never been one before but if i was going to do it first i would want to know what my legal boundaries were --- and than push them to the limit!!! i think you will have to have a very forceful tone when talking to the public!!!
What happens if you are not within 30 days to verify a debt with a debt collector?
What happens if I missed the 30 days to receive validation of my debt from a debt collector, am I out of luck.
You need to put on your "legal" cap when you try to figure out this law....so let me explain it to you.
Here is the what the law says....
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
Notice that nowhere in this law does it state that you ARE responsible for the debt. It simply gives a timeframe for notification. To confirm this, you simple have to read a few lines down in the law, which says......
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
There has been a number of court cases on this, and the FTC has issued commission papers regarding this law. You may file a demand to validate the debt at any time, and once the creditor receives it they must follow FDCA Section 809 and cease collection activities until the debt is validated.
New Victims of the Struggling Economy: Debt Collectors?
By Nicholas Pell You won’t likely shed any tears over this: Being a debt collector is harder than ever. While most Americans want to get out of debt using a debt management plan or debt consolidation, many can’t afford the payments right now. This complicates the debt collection process. Debt collectors aren’t dealing with deadbeats [...]
the debt collector - News
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How to keep debt collectors at bay - CreditCards.com How to keep debt collectors at bay You can see how futile it is to spend time and emotional energy explaining the elderly lady's situation to every collector who calls! |
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