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PATRICIA R | Is it legal for collection agencies to call seven to ten times a day? |
A collections agency keeps calling me for a debt that got paid over a year ago to Cingular Wireless. I had closed my account, but still had a balance. I had my balance paid within a month of closing the account, but some how they didnt record it and send it to collections. I explained to the collections agency that the balance had been paid, but they keep calling. When I called Cingular Wireless, they told me they were not able to help me. What can I do??? |
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Studly
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The previous answers are not quite on track.
Remember, it's NOT your responsibility to prove you DON'T owe the debt! It's their job to prove you do!
And if you follow the previous advice, you are not fixing the problem. I'll bet this is already on your credit reports.
You need to first send the collection agence a letter (see the sample below) and demand that they validate this debt. Send it by certified mail, return receipt.
Also include a line stating that they must "cease and desist" all communications with you. That will stop the harrassing phone calls. If they call you again, they are in violation of the Fair Debt Collections Act and you can sue them for $1000 in small claims court.
Get a copy of your credit report. If they listed this debt on it, dispute it. The collection agency has 30 days after recieving your validation demand letter to remove this from your report, or prove it's accurate.
If they don't do it, you can sue them for (yup, another $1000) for posting unvalidated information to your credit report, in violation of the Fair Credit Reporting Act.
Read the links below, contact me for help. I'm not a lawyer or credit counsoler, just someone who has been down this road before. |
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mudcat_mom
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You can tell them to stop calling. Tell them it is a cessation notice. Do not call me again or it will be considered harassment. Send a certified letter if necessary. You know you can't pay. You do not need the stress and degrading of being reminded. |
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Pia
 |
Tell them that, by law, if you request that they do not call you anymore, they must comply.
And it is true |
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princesswhitepaw
 |
find your reciepts when you paid that balance off. make copies of it. they are trying to collect on an account that has already been paid. that is illeagel. do you know that you can get an attorney and make them leave you alone. find your reciepts and if by chance you do find them then SUE THEM. KEEP ALL YOUR RECIPTS FOR BILLS AT LEAST A YEAR. |
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9inches
 |
passed threw legislatuionn and in congress is this thiong called, do, not call lists, too get them too STOP! OKAY WHEN THEY CALL YOU AGAINN, SAY LOOK PUT ME ON YOUR DO NOT CALL LISTS, IF THEY KEP IT UP THEY CAN BE FINED, FOR EVERY CALL THEY MAKE, IF THEY KEEP IT UP CALL YOUR STATES ATOURNEY GENERALS OFFICES AND TURN THEM INN THEY CAN BE FINED HEAVILLY!! |
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♥ Callie ♥
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You have to send confirmation of payment to the collection agency and ask in writing to have this removed from your credit history because it was paid before it was sent to them. Also put in writing that you do not want them to contact you further about collecting the debt. To answer your question about can they call you that much a day....NO! That is blatant harassment. You need to tell them (other than sending the above for-mentioned) not to call you and harass you any more. Tell them you will have to report them to the proper authorities if they do not stop harassing you...make sure you use the word "harassment" to them. Otherwise they might not, completely, get the picture. good luck.
You also need to contact Cingular Wireless and get a supervisor...tell them they made this mistake and they should take care of it. You still need to do the other stuff above. You need to tell Cingular that you have the proof they took your money, it's not your fault that they were incompetent and didn't record your payment properly. Do not let them bully you into believing that they can't fix this or do something. Tell them that if this will cause you to pay out of pocket expenses to clear up your credit, then you will send them the bill for it if they do not step up and help clear up a problem that they caused by incompetence!!! |
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grdnoviz
 |
That is called harassment, it is illegal and you have rights. You can send them a letter and request that they stop contacting you and they have to stop. If they do not, you can report them to the FTC. Click on this website to see your rights. http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm |
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n3wjl
 |
You need to go back to Cingular and have them call the agency.
That's the only way it is going to stop. Talk to a supervisor at Cingluar then take a page from the collectors book. Call Cingular 7-10 times a day. Try to get a supervisors name and call the same person back and bug the hell out of them about it. They will clear it up just to get rid of you.
n3 |
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golferwhoworks
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Tell Cingular that they will help! Send them proof of payment. Then tell them if they don't straighten the matter out, that you will report them to the ftc under the fair credit reporting act. Do this in a certified letter with return receipt so that you have proof of delivery. It is their mess up so they have to clear it up. I will bet your credit report shows a charge off on the account as well. Obtain a copy of your credit file to see. and if in there send it along in the same mailing and demand that they fix the reporting back to date of payment. Under the Fair Credit Reporting Act --any false or erroneous reporting must be brought to their attention. They have 30 days to fix the problem. If they do not and you are denied credit based on their reporting you can sue them for up to 3 times the amount of credit lost and I would also go for punitive damages. There are a lot of companies who are quick to report bad things, but even fewer who are willing to correct their errors. Make sure you use the FCRA in your letter of proof to them. They will know you are serious.
Good luck
I am a loan officer |
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This is your father
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No |
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Gone fishin'
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Get the collection company to send you the proof of what you owe them. Then you need to send the collection company proof of payment. You might have to get a copy of the cheque from the bank. Good luck. Just send them the info and that will get them off your back. |
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kgreives
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You need to send a copy of the canceled check to the collection agency, then they will leave you alone. And no they should call you 7-10 times a day that's harassment. Good Luck KG |
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Frank
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Send a copy of the cancelled check to the Collections person. |
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