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the smitten kitten | Being harrased by creditors??? please help??? |
long story short, i got a credit card through a store several years ago and it went to collections
about a week ago, they started contacting me after years of not even using the card. i keep telling them i have no money to pay it, and they still call at least 2 times a day... i told them i understood i owe money and they started to demand other info which i refused to give them
i did some research online, and found a websie about fair debt collection on the ftc's website.
anyway, they called again last night, and i told them i have rights and if i request them to leave me alone, they need to and if they didnt stop contacting me, i would report them to the FTC and they pretty much said theyd like to see me try that.
i am sending them a letter(the creditors) today requesting they leave me alone, and under FTC rules and regulations they do so.
my question is this, after i send them a letter what if they keep harrasing me?? what can i do to protect myself??
Additional Details
i know i still will owe money, but as i mentioned they harrass me on a daily
basis.... i would appreciate any nice answers, advice and info. no rude comments please and thanks in advance for help |
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Bassetlover
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You owe money, pay it. You can work out a payment plan with the creditor, or go to credit school where they will do this for you. You spent the money so you have to pay it back. If you knew you couldn't pay for the merchandise why did you buy it? You've gotten yourself into this mess as well as your credit rating is probably ruined. Sorry but that is life
You say you plan on paying it back, why did you wait until the collection agency started calling? You made no attempt over serveral years to make any payments so really you had no intentions of paying it back you just assumed they forgot? |
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topdawgco97
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Remember Bill Collectors are not bad people they have a job to do like everyone else, Don't shout, yell, holler, or make a butt out of yourself. Send the letter, certified, return receipt (from the post office) and that is all that is really needed, if they do call again note it, remind them that they have received a no contact request as of (X date) and you will now be reporting it to the Attorney General (and actually do it).
Another option is to work with them. It is a valid debt (you said so yourself) under the FDCPA if you offer payments they have to be accepted, so if you can do 20 - 25 dollars a month offer it, and you will be surprised how friendly they can be when your making payments |
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jojonjesse
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you should send them something just so you can prove you would like to try to pay this debt even if it is only $1.00 a month, you agreed to pay them when you charged something on their card. You should at least let them know you'll do something even if it is very little. They can send the sherriff to your door to serve you then make you go to court and be responsible for more than you bargained for. |
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Raymond K OFFICIAL
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Buy a caller identification device or change your phone number. |
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javy
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So what your saying is that even though you owe the money, you shouldn't have to pay it back?? |
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en tu cabeza
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I'm not an expert on this, but here are a few key things: Don't ever give them electronic access to a bank account. Tell them the next time they call that your employer forbids you to get personal calls at work and they need to stop calling you there. If they don't, tell them you will sue them. (There is a FTC rule about that) Do try to pay them back. Find out how much you owe and try to set up a plan with them. Get caller ID at home and don't answer the call. You can also hang up if they are rude. Good luck! |
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NONAME
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Make sure to send your letter by certified mail with return receipt. You do this at the post office.
Otherwise, you'll have no evidence they've received your letter (keep a copy of it for your own records).
If they continue to call you after they get the letter, document each and every time, who you spoke with, etc... and file your complaint.
Every state licenses collectors, usually through the state Commerce dept. That's the first place to complain. FTC is next.
Be sure your letter clearly states that they must cease any attempt to contact you by phone, and that you will correspond through mail only. NEVER acknowledge the validity of the debt in your letter or otherwise. |
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swimmyfishy
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I had this problem but it wasnt my debt and they were calling for someone else, but wouldnt accept that they had the wrong number, so I contacted the FTC and they took care of them calling, I also specifically several times told them I was taping the converstation and that I was requestiong them not to call back. I sent the tape to Dateline,(these people called me .. every name and said i was lazy and just did not want to pay.. ) and also contacted my local news station. I called the BBB and reported them. These people got a fine of 10,000 of course not payable to me. But there are laws and you should pay back the money you used. YOU will be followed by this debt for more than 20 years as it is passed around and sent to other bill collectors because one company stops calling doesnt mean another one can not buy it and start calling. |
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Matt M
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By law they are not allowed to call you daily after you tell them not to call. Also, they can't call you at work or call at odd times. Once you get a lawyer, if they call you then you need to direct them to your lawyer (just say"I have a lawyer for this matter, they are...their number is ...." whatever they ask from there on just keep giving the lawyer's name and contact info. If you do get a lawyer and sue them you have to right to compensatory damages in addition to lawyer's fees and court costs, etc.
Even if you can't pay now, it will be much better if you negotiate some sort of realistic payment plan with them(like you would agree to pay $50/month if they will stop accruing interest and they will leave you alone) By realistic I mean something that you know you will be able to pay. They will obviously try to up the amount so that they gte paid earlier. |
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Wurm™
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It's an OUTRAGE! How dare they demand money for stuff you bought and possess! |
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Sal
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How long ago did you default on your account? Do you know if the statute of limitations has run?
As far as your question goes, once you have sent the letter the collector cannot contact you except to tell you that they are either dropping the case or taking further action like suing you.
If they continue to harass you, you have a cause of action against them for damages, plus as much a $1000 per event and attorney's fees.
Legal aide or other consumer advocates would be happy to take on the case for you.
Finally you can complain to the FTC and your state's attorney general. Many collection agencies have already plead guilty to violations to the FCRA and paid huge penalties. |
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TheGeneral
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Its against the law to call you and harass you, consult a lawyer and maybe you will get out of the debt because they harrased you. Tape conversations and save messages. |
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Jen
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they have every right to call you, they want their money. try to work out a solution with them instead of avoiding them. it's not like they are telemarketers who have to stop soliciting, they already have a business relationship with you. |
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hunter2
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When they call, answer and say if you EVER call me again. I am prosecuting. Don't you EVER call me again!
Then Crash the phone down very hard to hurt their ears. They won't keep calling after a few times of this.
Repeat that loudly (shout) every time they call. It is against the law for them to continue to call.
It works!! They really don't get paid well enough to take much of that |
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Lady L
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Consumers have rights about the irritating phone calls and you did the right thing. However, when I was trying to run from collections, what I did was I yelled at them when they called me. I didn't hang up. I had fun. I outwitted them, I made fun of them, I carried on crazy conversations with them. When they were rude to me, I was even more rude back to them. Not only is it fun, but it really pisses them off to where most likely they WON'T call again.
OR, you can pay off your bill and do the right thing. ;-) |
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