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.
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How serious will debt collectors become?
I have a couple credit cards $2000 and $600 debts, that im paying through a consolidation company.
Debt collectors are calling several times a day now.
How much more serious can this get? I don't have to worry about someone knocking on my door do I?
Are you sure the debt consolidation company is actually paying your credit cards? The norm is for the debt consolidation company to not pay any of your debts till they are 3 months past due. Then they negotiate lowball settlements under threat that you will file bankruptcy.
Some credit card companies refuse to play that game and it doesn't sound like your credit cards want to deal with this company. It is likely they will file lawsuit, get a judgment, then attach your bank account, garnish your wages, and lien your property.
I suggest you call this consolidation company and ask why they aren't paying your creditors. You would be much better off using the money to actually pay these debts off yourself instead of paying fees to this consoliation company to completely trash your credit.
Can debt collectors charge interest on purchased credit card debt?
I would like to know if interest can be charged. It wasn't supposed to be in the past but with the increase of purchased debt it seems debt collectors are making their own rules as they go.
I am completely up to speed with everything except laws surrounding credit cards. Can anyone help out?
Links are very much appreciated also.
(and no, it's not for me so no personal opinions on being in debt as I don't require that advice - Serious answers to the question only please)
This is a NSW matter.
What is the process to sue debt collectors?
A relative who have never lived in my household, not even a day, apparently have outstanding debts. Now the debt collectors have been calling my phone and leaving messages. A couple of times, they were told to stop calling my number as I don't know the whereabouts of the individual they want to collect from. However, they never stop. I reported them to the FTC but not action taken. Now, I am surely mad that I want to sue them. Any info highly appreciated. I am located in MD.
I have to disagree with the first poster on several points.
The FTC is not slow (well, they are but...). The FTC does not step in and do anything on an individual case by case basis. They generally take the complaints and act after there is numerous complaints against a company.
Even though the FTC does not intercede on an individual basis, it is still a good idea to have the FTC complaint filed.
You should also file complaints with the BBB, your AG and the collectors AG.
A collector does not have to cease calling "unless" the request is made in writing. After a collector receives a cease & desist letter they are allowed one more phone call. That call cannot be for collection purposes but to tell the alleged debtor what their plans are for the alleged account - and in your case, if they call one more time it cannot be for the purpose of locating that person but to tell you they will no longer be calling.
The letter that was posted does not fit your situation in any way and I would not recommend sending it.
That letter tells them to cease collecting on the debt. They are not calling you in the attempt to collect the debt from "you" but rather to find the alleged debtor. Asking them to cease collections on a debt they are not even trying to collect from you will not get you very far with the court if you sue.
Your letter should be more along the lines of:
This letter is in regards to your telephone calls to locate [Jane/John Doe]. You have called numerous times in your attempt to locate [J/J Doe]. My responses to you included the facts that [J/J Doe] does not now, nor has ever, lived at this address, that I do not know of this persons whereabouts and requests for you to cease calling me concerning this person.
I am requesting, in writing, that you cease further communications with me concerning [J/J Doe] as I find your telephone calls harrassing and inconvenient to me.
Sincerely
[you] (type your name or print your initials, never sign your signature to a letter that goes to a collector)
Send it certified mail return receipt
(the letter I posted is just a sample, if you use it then make it your own)
If they continue to call, file your complaints with the BBB and the AG's. If they continue to call, learn your states rules of civil procedures for small claims courts and file a suit against them. You should also read the FDCPA.
Never embellish or lie - on the phone, in your letters to the collector, in your filed complaints. If you do end up suing and it is found that you have embellished or lied then not only will the judge toss your case and you would be liable for all court costs, but you may end up finding yourself in contempt of court (which, depending on your state, could mean a stiff fine and/or jail time)
You have to build a solid paper trail that proves to the judge that you have done everything in your power to resolve this before you finally decided to file suit.
As for the air horn comment by the first poster, while it would be great to blast them with it, you could very well find yourself sued by the collector for physical or emotional damages (yes it has happened) Your best bet, and what would look best to a judge, is if you handled the calls in a civil manner if they continue to call before and/or after you send the C&D. (if you file against them and you had made verbal threats or did something that could possibly be harmful to a person - an air horn blast in the ear, etc, the collector more than likely records the calls and they may not hesitate to use it against you)
If you have caller ID, take photos of it every time they call. You might also purchase a recorder and tape their calls. If you tape the calls you need to learn your states taping laws - or - if you do not know your states taping laws you should inform the collector that you will be taping the call.
Can the economic stimulus rebate be garnished by debt collectors?
Employment income and tax refunds can be garnished by debt collectors - can the economic stimulus rebate be garnished as well?
nope that can only be done by the federal or state offsets
What should you do when you come to a settlement agreement with debt collectors?
I have come to an agreement to pay a discounted rate with debt collectors over a bill with an ER visit to the hospital. What is it I need to do to make sure they don't try to come after me and hurt my credit any more with the balance I didn't pay?
Get everything in writing before you pay them anything.
Can a California resident protect his paycheck from debt collectors for spouses debts from before marriage?
My wife has $XX,XXX outstanding student loans that she took out before we married. Can debt collectors garnish my wages or seize my possessions?
yes that is why they have that statement "for better or worse"' the worse is about to hit the fan!!!
debt before you married her, they can't.
www.creditinfocenter.com
buddhibbs.com
Make them proof you owe the money and if they garnish
your wages or try to seize anything before proofing YOU
owe THEM, then sue them back !!!!
I would contact an attorney or legal services for your area. It should be a simple question for any lawyer to answer.
Debt collectors have overcharged me can i claim compensation?
Two debt collectors have chasing the same council tax only one has be authorised.The other debt collector which is not authorised by the council tax has been taking monies from me.
There are 2 possible routes you could take. One is against the Council and the other is against the debt collectors themselves.
Firstly, if the Council have appointed an independent contractor (debt collector) they can incur liability in negligence for failing to appoint one who is fit and proper for the job. Liability for the actions of independent contractors does not usually incur liability for the person who appoints them but it can.
Therefore if the debt collector were not responsible and the Council were aware of ought to have been aware of this then they can be made liable in the tort of negligence.
The debt collectors also owe you what is known as a "duty of care". This is to act properly when undertaking their activities. If you are reasonable injured or suffer loss, economic or otherwise, by their acts then they can be sued for damages. A "reasonable debt collector" should know that if he takes more than he should from a debtor it is reasonable they will suffer loss as a consequence.
As the original debt is owed to the Council - known as "privity of contract" then if you suffer loss or the Council recover more than they should if they do not refund the money then you can sue them directly. I also believe the actions of local Councils can be looked into my the Ombudsman (don't quote me on that bit!).
I hope this helps you.
its a crime to mislead you to gain money in this way.
I'd also talk to your local council as well, put in a complaint with them and see how well they do at sorting it out, someone messed up somewhere if 2 companies were given ur council tax debt details, even if only one was allowed to collect the money from you
I'd talk to someone for legal advice as soon as poss tho, i should think u'd be entitled to compensation, this is a real mess up!
good luck
Do nothing!
This is actually one of the option alot of people try doing and finally put themself into deeper problem. You will eventually start getting calls from collection agencies and they will offer you settlement of around 50 to 70% meaning you will have to pay around 60% back in 1 payment which is not easy...
Debt Consolidation
Debt consolidation loan will help you to consolidation all your debts into 1 and you will start making 1 payment every month and they will start paying your creditor. This is something which will lower your interest rate but you need to understand debt consolidation will not do anything good to the principle amount.
Bankruptcy
Filing for a bankruptcy is another option but i am sure you understand you don't want this because this will stay on your credit report forever. This takes control out of your hands for more than 7 years and you still make monthly payments, so lets forget about this for now
CCCS - Credit counseling program
CCC organizations are usually designated as non-profits by the IRS, although many of these firms recently lost that status because the IRS felt that had "for profit" motives. These organizations combine your payments to one monthly payment, where you pay back all of the principal, some interest and some fees. Many CCC organizations receive funding from creditors as well as payment from their clients.
Many times these programs are generally drawn out over four to six years and less than one out of four actually complete the program. Many times these payments are higher than the original credit card payments and this program can have a non flattering affect on your credit.
So here is what you need!
Debt Settlement
Debt settlement or debt arbitration is a legal process used by both people in debt and their creditors to negotiate a settlement of an existing legal debt. This proactive approach is the most cost-effective option to pay off your current debt while avoiding the negative effects of bankruptcy. Any person owing credit card debt, or any other debt, has the legal right to contact and negotiate with the creditors. This practice however, takes time to master and certain skills to get the maximum benefits. The Debt Settlement Company works diligently and professionally with your creditors on your behalf to reduce your current unsecured debt balances down 40-60% by arbitrating an agreed settlement amount with your creditors.
Me & wife were in the same problem around a year back and we went with this debt settlement company. They reduced our debts down to 48% and obviously that was a big Relief... I like talking good about this company! Debt Care USA 866-534-0754
What should I do if I paid some debt off to one of the debt collectors I owe to a few years ago?
What if i've got debt from a few different companies from the year 2000 and i've had debt collectors chasing me since. Some I've ignored completely and as it's over 6 years I understand I can send a cease letter to them...but some others i have had contact and paid some debt off. What do i do now?? Do i have to pay the ones I owe to? and do a cease letter to the others? Help!
Every state has a "statute of limitations" law. This law required a creditor to take legal action before the time period runs out, or they lose the right to sue you.
The SOL begins on the date of the last transaction. If you make a payment, you reset the SOL and it starts all over again. So those debts you made a payment on can still cause you problems.
The other debts....just send them a letter informing them you are aware of the SOL laws, and you know they can not legally sue you for the debt. Instruct them to "cease and desist" all communications with you, and that deprives them of their last tool of calling and harassing you.
As for the debts you paid on....either negotiate a settlement or stop paying them...and hope they forget for another 6 years.
Note that in regards to credit reporting...they can only list those debts for 7 years, beginning from the date of the first delinquency. Even though the SOL may still be running, they can NOT continue to report these debts on your credit reports.
What does the fair credit law say about debt collectors making phone calls to a private residency?
I'm sick of rude debt collectors calling me on the phone. Until I can pay them off, what can I do to make them stop calling me?
the FDCPA allows a collection agency to call you once per day but no more.... Also, you can stop them from calling you by ordering a cease call.... The collector can be fined if they do not obey your wishes.. You simply ask for the name of the company that is calling you and for what bill.. Then ask the name of the person and state they are in or their collector ID number. Tell the collector under the FDCPA law that you are ordering and cease call and you don't want them to ever call you or write to you again. If they do then you will hold that collector responsible. They can be sued also and they know it because its on the collectors FDCPA test they have to take in order to get the job. Tell the collector if that company ever calls you again then you will hold that collector responsible and that you are taping the call. They have to do it or you could take the tape to a lawyer and they would be more then willing to sue. In many cases debts have been erased due to collectors not obeying the FDCPA rules and laws. Ask any collection lawyer who deals in this field. I know all of this because I use to work for a collection agency for 5 years
Who do I get a hold of if I am getting letters from debt collectors of debt that is not mine?
I keep getting letters from debt collectors with an outrageous amount due of acounts that I have never had. Who can I contact to clear this up? The collectors don't listen.
get your credit report first, do NOT ever talk to these people on the phone.
www.truecredit.com is about $15/mo put it allows you to pull your credit report daily.
next, go read up at www.creditboards.com forum about how to get all that debt validated and start the process of getting it removed.
NEVER pay a debt unless they have put it in writing that they will removed the listing from your credit report withing 10 business days of cashing your check for the debt.
Oh, and never trust a debt collector. NEVER.
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