 Clearing off credit cards - please help? |
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inkwipe2 | Can someone give me some suggestions on how to get a collection agency off my back? |
I have a collection agency thats bugging me on paying off my Visa credit card and at the present time, I just don't have the funds or anyway of paying it off...
They keep calling me at work, which from what I have read they cannot do if you ask them not too.
They have my home number, etc.
I'm just soo confused on what too do, cause I just don't have the money to pay them, at the present time, but as soon as I can get my head above water....I will.
Suggestions.
Does a credit card or collection agency every stop calling after a period of time when they realize that you just don't have the money?
It would seem like after a period of time, they would just write off the debt and give the customer a bad credit rating.
I could deal with that better than they keep calling me. |
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OC1999
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The answer is simple. Send them a certified letter with a signature return receipt. In the letter state that they are not to contact you about the debt. Once the receive it they are bound by the Fair Debt Collection Practices Act(FDCPA) to stop contacting you.
The only letter you will receive is a letter stating that they will stop. Other than that they are in violation and you can sue them for $1000 per violation.
Just be aware that this does not make the debt go away. It will still continue to be reported and accrue interest. They can also take it to the next step and file suit against you if you are still in the Statute of Limitations. |
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Rob
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Get proper advice from a reliable accountant or reliable agencies or community resource people that deal with bad credit or debt consolidation etc. |
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jennifer s
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I used to be a bill collector and they are brutal. They work on commission so the larger the bill the more they will call. Just because you said not to call at work doesn't mean they won't. You have no proof that you said that. First of all, you need to send them a letter "certified" telling them to stop calling you at work. Keep your copy of the signed rec. that way you have proof. Keep in mind, since you have a job, they are not going to write the debt off. They are going to garnish your wages and they are going to win. You would be better off making a reasonable payment arrangement. Offer something that you can afford. If they turn you down, send the payments anyway. That way when they take you to court (and they will) you can show the judge that you have made attempts at repaying the debt and he will probably not agree with the garnishment. You don't want that to happen. They take a lot when they win that. |
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fightingstatue
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the reason they keep calling is statistically your more likely to pay them if you are hounded and harassed they cannot call you at work but i hope the best 4 you |
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Myra
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Dont forget that if they take you to court you will also have to pay court fees. If they call you at work dont discuss anything. Just tell them that you have asked them not to call you there because you are not in a private environment. Also explain your situation to them and tell them what you CAN give them like maybe $10 a week which would be $40 a month, but make SOME kind of arrangement otherwise they will continue to cal and eventually take you to court. Also, when you DO have some money call and as for a settlement which is when you give them a certain percentage of the debt and they will take that as payment in full. But you do have to be ready to settle and pay right away. HTH and good luck. |
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Wylie Coyote
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Have you tried shaking vigorously? Going around a curve at high speeds may also help. LOL. Paying off a credit card, may start with closing the account, and informing the creditor of your situation. They will work with you, because they want the money more than anything. Send them something, so they can see that you are sincere. Something is better than nothing. Don't be afraid, they put on their pants the same way you do. |
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jodylavallee
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Yes they eventually will quit calling and unfortuneately you should pull your credit report and see if it has already ruined your credit. If it hasn't try to even pay them $10 per month, so they have to report you made payments. I have been where you are and ignored it, and now 5 years later have applied to the RCMP, and I am going to be denied employment because I ignored them until I had the money in full, wrecked my rating would have been better off paying minimally each month. To get them to stop calling you must notify them in writing to notify you only in writing. I know it is frustrating and stressful, but don't run from it try your best even if it is so minimal each dollar helps... |
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nyc033
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Dear _____________________:
This letter is being sent to you in response to a notice sent to me on ________. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.
• Prove the Statute of Limitations/UCC has not expired on this account
• Show me that you are licensed to collect in my state.
• Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that your offices make no telephone contact to me at my residence or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose |
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Crazy Train
 |
I would think that the best thing to do is budget your money so that you can pay them off. I mean I know that sounds cold but you borrowed the money and you need to pay them back. Can't get something for nothing you know. Good luck. |
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pleasehelp
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You can request for your work # to be removed out of their data base. It is against the law for them to call your work # if it jeopardizes your job.
Go to this website, it will give you the does and don't.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm |
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bloodymary24
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if you want to get rid of them you need to make a payment arrangement to pay them off.
There are also debt consolidation agencies that can help you out.
But they won't stop calling till they get the money.
Bad credit rating is not recommended since you might need credit in the future, you never know, it might be your chance in an emergency of something like that. |
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dolly blaine
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Credit card agencies when find excessive default in repayments and debt burden increasing with their client, refer the matter to a credit collection agency. This agency specializes in recovering debts. The usual process is that the credit collection agency starts calling you about the debt and its recovery. Many people simply run away from such calls. But, this is certainly not the right way to tackle the situation. Here we takes a look at simple steps that can save things from getting worse.
1. Don't avoid the credit collection agencies call. Respond to them and make sure they get the message that you intend to pay your debts.
2. Be polite in conversation with the credit collection agencies. Don't let things slip out of hands, and don't let them dominate things. If they abuse you tell them politely but in firm words that this is improper behavior and since you are co-operating with them in debt repayment rude things are not required.
3. Explain your situation clearly to the credit collection agency, what caused the debt, whether it was an emergency situation that took things out of hand or anything else. Tell them clearly and mention your existing financial situation. Ask them to lower interest rates, or provide all the help they can offer. Read more from: http://www.credit-card-gallery.com/article/253,Stressed_with_credit_card_collection_agency's_calls_Stop_things_from_getting_worse_with_these_5_surefire_tips |
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Maximus
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It depends where your Visa account "is at"
Have they served a default notice to you?, i imagine so if it has been passed to a collection agency. If they haven't served any court summons, then you could tell the collection agency that :
1) You contest the total amount claimed by them. "Why" they will ask. - Explain that you believe their client (visa card name) has broken various requirements as stated in the Consumer Credit Act. They will ask which particular claused have been broken where you can say "I am not sure, my solicitor is dealing with the exact details"
2) You will not be paying a penny to them (collection agency)
3) That you will make a counter claim for damages against their client (Visa card issuer) for wrecking your credit rating.
In order for you to make a counter claim you need the Visa company to issue a court summons to you, its at that point
you can state your counter claim.
If the collection agency believes you are going make a counter claim against their client, then they may ease off on hassling you a bit. (Note: Collection Agencies are not allowed to come in to your house, only certified Bailiffs can do that)
IMPORTANT: I am NOT a lawer and i assume you are in the UK.
Overall, I recommend you try to pay the balance, even if you offer only ÂŁ1 per month. further to this you can be "means tested" at the court which would prove that you can only afford to pay ÂŁ1 per month.
If no action has been taken to actually collect the monies owed within 6 years of the date of the default notice, then their is nothing more they can do against you. I believe the debt is legally written off after that 6 year period.
Good luck, Also get advise from your local Citizens Advice Bureau
http://www.adviceguide.org.uk/index/life/debt/help_with_debt.htm |
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Phil
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You might try a not-for-profit credit counselor. I've seen them advertised on t.v. They might be able to negotiate with this collection agency for a payment plan that would fit into your budget.
Is there anyway you can give them SOMETHING? $50? $10? $5? Maybe they would cool down a little if you did that.
They probably won't write off the debt. I know this because I keep getting calls from collection agencies looking for someone who lived in a different apartment in the same house as me. For some reason they have my phone number associated with her name and they call here looking for her. I tell them she doesn't live here and they let me alone, but then I guess they sell her debt to a different collection agency and I start getting calls again. It has been happening for about three years now. Believe me; they don't give up. |
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Punkerjim
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solution: pay your bills |
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