~*EmJaY*~
|
FDCPA (Fair Debt Collection Practices Act)
§ 805. Communication in connection with debt collection [15 USC 1692c]
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is AFTER 8 o'clock antimeridian and BEFORE 9 o'clock postmeridian, local time at the consumer's location;
(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...
Now with that it is important that you read the FDCPA and understand the law as well as any law your state may have regarding debt collection.
Simply telling them on the phone not to call you will not cease the calls you need to put it in writing and mail it certified mail return receipt requested.
If they are calling before 8 am they are violating the law. You need to keep documentation of their phone calls and especially if they coninue to call after the receive your letter. Note: They are permitted to call you 1 time (after they receive the letter) to tell you what their intentions are regarding the account.
If they continue to violate the law you are entitled to seek civil liabilty against them for the violations.
FDCPA § 813. Civil liability [15 USC 1692k] states:
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000;
This is why it's important to document everything. You want to be able to establish willful noncompliance by the collector. |
|
Jersey Girl
 |
Pay your debts or turn off your phone |
|
from me to you
|
Pay your bills
don't file harrassment charges on the people that you have used their money for free. that's what is wrong with america-what's your freaking credit score. That's why intrest rates and everything else are so high is because of people like you and your ideas of getting something for nothing.
I mean obviously you can afford that phone can't you? |
|
quickrecall2005
|
if they call over three times a day most states will consider that harassment. write down every time they call. if you have informed them you are unable to pay the bill then they countue to call, then that is harassment and you may have a ligitement case against them. JUST BE SURE TO WRITE IT DOWN EVERYTIME THEY CALL. Also if you say "stop calling me at this hour" they can call you, but at a diffrent time. |
|
hollowmanbilbo
|
answering machine. Leave the default voice on the machine and screen your calls. Don't answer if you don't know who it is or if they don't leave a number. I haven't picked up my phone in 2 years, I just wait until a recognize the caller. |
|
krystal_leighton
 |
Tell them you moved. |
|
donsabe
 |
Check your rights with the Federal Trade Commission
Also local office supply stores offer credit repair kits that have the form letters you need and simple to follow instructions. |
|
marchand198
|
Debt Consulation Groups can help you reduce your payments, reduce your interest and will stop the creditors.
it's really a relief!! |
|
Big Jay 7
|
You can get there info and write them a letter.
A certified letter, go on line check out
http://www.cccsswva.org/AskSusan/Harassment.asp |
|
woodwinman
 |
Try consulting a debt consolidation service. You will be glad you did. |
|
larry6482003
 |
answer with "butchers mortuary, you stab em, we'll slab em |
|
ft3535
|
tell them it is against the law to call more than once a month..ask them to slowly SPELL out their full name so you can write it down..and ask them to slowly spell out the full name of the company that he is calling from or he is representing and their telephone number...and write it down..and put the time and date of the call along with the full name of the caller...
and now inform him or her that you have recorded this information and you do not want a call for at least one month or your going to make a complaint to the Federal government...
Good Luck |
|
startwinkle05
 |
Tell them if they call again you will get a lawyer and file harassment charges on them. There are only certain hours of the day when they can call you. There is also only a certain number of times they can contact you within a time period. |
|
shadowalfalfa
|
Well if true, you can tell them that you dispute the bill and have retained legal counsel Once you tell them that they cannot call you ... but if you do that, the credit collector will tell the company and you will soon be in a court being sued If you do not dispute the amount and it is just that you cannot pay it, then your best bet is to call the company and arrange for an installmet payment plan |
|
simon_srwp
|
Speak to them and try and work out a new payment plan - you will have to pay up but if you speak to them they might try and work out something you can do. Read all you loan contracts really well. If a creditor does anything that is even slighly against the contract no matter how small, you can cancel the entire agreement and pay nothing and keep all the money or goods they gave you - speak to a solicitor! |
|
rkz234
|
Pay your debt! |
|
blu_drgn25
|
Other than paying your bills you can just ignore the phone. |
|
maryjane
|
one- they will never stop calling...even if you change your number. you need to make a payment arrangement so that you can get this off your back and your credit. you need to learn how to live within your means. i know i had to file bk before and it suxd. don't get yourself in the same predictament. |
|
justinargue10
|
Pay your debt. I'm a collector for a Credit Union! You Trash! |
|
ManFromMumbai
|
quit living above your means, champagne dreams on a beer budget. that is one of the biggest curses of americans. living way above what they can afford. keep this up and they will stop calling because you wont be able to afford the phone bill and then the phone will be turned off. |
|
Mycroft
|
Call the phone company and change your phone number, and make sure the new number is unpublished. It works. |
|
tragicangel33
|
If you want creditors to stop calling you I don't think you can do so without filing bankruptcy. Once you take your case to a lawyer, you then informed to let the creditors know you are filing bankruptcy and that they should contact your lawyer. At which time you would give the name, and address of your lawyer. I was always under the impression that if you owed a creditor they are allowed to contact you based on the delinquent account. I am not sure where that borders on harassment.
Maybe someone else has a better suggestion or more knowledge. |
|
JC
|
tell them they have the wrong number
or you could pay the debt |
|
mnvikes
|
yeah lol dont get into debt.... you OWE THEM MONEY. would you be pissed and calling someone all the time if they owed you money? |
|
wm21_mpa
|
pay up or pull the cord out of the freakin' wall |
|
luxy2
|
Contact Consumer Credit Counseling. They will help you get your bills on track and help you reduce your debt.
Not paying isn't an option. Your credit score will go down, and when you need a loan for a car or house, or even want to get a credit card you stand a greater chance of being rejected.
Most of the time debt collectors just want to settle the account. If you work with them, they'll likely be more receptive to a payment schedule. |
|
DebtDirector
|
You have rights under the Federal Fair Debt and Collections Practices Act. These is a clearly described method for stopping creditor calls at home and/or work. Your state may also have collections practices rules that protect you. 8AM seems particularly early to be permitted.
In any case, your first step is to confirm who is calling you, and get a mailing address. Any effective communication that will have any legal power is going to have to be by mail. Read the Federal and State statutes that apply to you for more details.
My company has a custom 24 month program to resolve large debts, and we use these rules (and others) to stop the phone calls to our clients and put the ball back in your court. Our program isn't the perfect solution for everyone, but if we can help you I'll be glad to let you know. Call 888-221-2711 and ask for the Director. If I can't help you, I will help you find someone who can, and point you in the right direction.
Good luck, and remember collectors can't charge you extra for hanging up the phone. |
|
stampcrazed7
|
If they are calling that early, then report them to your state's consumer affairs bureau. Also, if you ask them to stop calling you in WRITING, then they have to adhere to that. Research the Fair Debt Collections Practices Act to see what your rights are... Otherwise, you need to get together with a credit counseling agency and make some sort of arrangements to repay, but on your terms with lower interest that may be more affordable for you. |
|
| |
|
Homepage 
Financial
Forum 
Credit 
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
