Ring. Ring.”Hello?” “Hi, Mr. or Mrs. Such and Such, this is Mr. ABCD from the 123 Collection Agency. We’re calling because you owe a company money, and we now have the account in our possession, so you owe us too! We intend to call you daily and send you letters and drive you nuts with our empty threats until you pay up!”
Sound familiar? There’s nothing like finding yourself in over your head, trying to swim out of the financial cesspool and having to deal with these guys too. You’re trying to pay off your debts to the best of your ability, but they want more, more, and even more. Every time the telephone rings, you dread answering it. Do you resort to sarcasm and hanging up on them? Do you toss their letters aside or in the trash, just to get away from dealing with them, at least temporarily? Unfortunately, these tactics won’t stop these unscrupulous people. Don’t blame the guy or gal on the other end of the line, though. He or she has a job to do. Sadly, that job often calls for them to say rude things and try to scare you into paying them. Even asking them over the phone to stop calling does not work.
Did you know you can put a stop to harassment from bill collectors?
Yes, it can be done. It is simply a matter of knowing your rights and asserting those rights to the agency. Now, this rule does not apply directly to the company that you owe. However, it does apply to the agent they have turned your account over to for collection. The actual creditor is not going to harass you near as much. Sure, they have lost some money, but they have other customers helping them to reap their profits. Collection agencies need every account they can get to help make their money.
Your Rights
The Fair Debt Collection Practices Act, or FDCPA, has strict regulations for collection agencies. These people can not call you before 8 am or after 9 pm. They do not have the right to call you at work if the employer does not allow you to take personal phone calls. Frankly, this means they should not call anyone at their place of employment. They do have to limit how often they call, although some have broken the rules and called many times in one day, typically blaming it on some auto-dialer the company uses. The worst ones will use threats, intimidation and even insinuations that you have commuted some criminal offense by not paying your debt. None of that is legal, nor is the criminal element true.
How to Put Those Debt Collectors on Ice
The answer is very simple. These companies count on the naive consumer who does not know their rights to tolerate the harassment or give in to their horrid tactics. The next time someone calls you for an outstanding debt, be kind and explain that you are in no position to pay the debt in full but are, in fact, making all the effort that you can. Tell them you are sorry that it is not good enough for the collection agency, and then ask for the name and mailing address of the person in charge. Sit down and write a cease and desist letter. Be sure to include your name and the contact information they have been using, as well as the details of the account they have been calling about, so that there is no confusion as to who you are.
In your letter, demand that they cease all communication by telephone, mail and even e-mail, should they have resorted to that. There is no exact form for the letter, however be sure to let them know that you are fully aware of your rights under the FDCPA. This will show them that you mean business. While it is not required, it is a good idea to get this letter notarized before you send it. Always make a copy for yourself and be sure to send it by certified mail with delivery confirmation required. This will provide evidence for your claim should the debt collector ignore you and continue their harassment.
Once the letter is received, the agency has the right to send one last letter, outlining their intent of action. If they fail to cease communication after this, you need to report them to the FTC and your state’s attorney general’s office. There is a 1 year statute of limitations on such complaints, so don’t wait.
While it is best to pay your bills on time, every month, difficult situations do arise. Hopefully knowing your rights will get the monkey off your back and lessen the stress as you try to get back on your feet, minus all the harassment.
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