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Billablonde | Credit Company harassment, My rights? |
ive had a 3rd party collections company calling me 6-10 times a day asking for me to put money on my account. I tell them i will put $100 on it on thursday. This shuts them up for the rest of the day. Then the next day they call and call and call..asking if the payment is still a go for thursday...
Isn`t this harassment! do i have any rights here |
 |
 
Sgt Big Red
|
Yes this is harrasement under the Federal Debt Collection Practices Act (FDCPA) as per the following; NOTE: take notice of papragraph #5
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER V--DEBT COLLECTION PRACTICES
Sec. 1692d. Harassment or abuse
A debt collector may not engage in any conduct the natural
consequence of which is to harass, oppress, or abuse any person in
connection with the collection of a debt. Without limiting the general
application of the foregoing, the following conduct is a violation of
this section:
(1) The use or threat of use of violence or other criminal means
to harm the physical person, reputation, or property of any person.
(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
(3) The publication of a list of consumers who allegedly refuse
to pay debts, except to a consumer reporting agency or to persons
meeting the requirements of section 1681a(f) or 1681b(3) 1 of this title.
(4) The advertisement for sale of any debt to coerce payment of
the debt.
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller's identity.
Next time they call, teach the idiot on the other end of the phone the rules, they probably don't know them.
P.S. If they continue, you can seek legal suit for up to $1000 plus court and legal fees. CITE: 15USC1692k
Hope this answer is of help to you
LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice
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Melissa
|
I read somewhere (I wish I remember where) that if you tell them to stop calling you they have to. All I have to back that up with is one company was once harassing me, refused to have a rational conversation so I told them they'll get the money when I get it and don't call me back. They never called again. |
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bdancer222
|
If you are actually speaking to the collector, they can only call you one time per day. If they are just leaving messages, they can keep calling till they actually get you on the phone.
Stop taking their phone calls. Send them a certified, return reciept letter asking them to stop calling and only contact you by mail. Most collector will comply, even tho legally they do not have to. Some folks will tell you to send a cease and desist letter -- the FDCPA does give you this right but this is for ALL contact. You don't have the right to demand mail only contact.
It would be a good time to make a settlement offer. If the debt is more than 3 years old, offer 25%; 2 or 3 years old, offer 50%; less than 2, offer 75%. Lump sum gets the best deals. Payment plans have to be short. Get any settlement agreement in writing before you pay anything. Keep the agreement, along with your payment proof, forever. Do not give the collector direct access to your bank account.
If you make a payment plan arrangement, be sure you can live up to it. More collection agencies are suing for smaller amounts. |
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jammm@sbcglobal.net
 |
no if you look at the contract for your credit account when you go to collections the rules allow them to call anytime they want It is your debit and you failed to pay on time. If you make a commitment to them you better pay on time or it wil continue. your credit is in trouble |
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Viva La Eire!
|
i think that's a bit of a grey area, there job entails a little bit of 'pressure' on the client. if you tried to bring it to court you will probably be told that if you paid your bill then it wouldn't of happened or they deserve the money that it rightfully there's and they needed to do it to get it or something of the sort. They dont take lightly to people not paying there bills (the courts or debt collection agents!) |
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N K
 |
See the following.
http://www.fair-debt-collection.com/searches/stop-collection-calls.html |
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PJ
 |
Yes, it is harassment. Call your local district attorney's office and find out the rules where you live. They can't call you like that. |
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JB
|
Once you have told them you are unable to pay, they need to leave you alone for two weeks. But the best way to get them off your back is to pay, even if it's just a little, even just $10. If they say they won't take that amount, ask, "Are you refusing to pay?" Legally they can't refuse ANY amount. |
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SmartAndHot
|
No, you have no rights. They gave you a loan and you didn't pay them back. You broke your contract with the company by not paying them back. Tell us one reason why they should respect you. Borrowing and not paying back in a timely manner is a same thing as stealing and thieves don't get any rights. |
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