Letter Stops Debt Collectors Calls

Letter Stops Debt Collector Calls

The Debt Collector (Photo credit: Wikipedia)

Stopping Debt Collector‘s Calls

Do you need to make harassing calls from debt collectors stop?  Are constant interruptions from a debt collector causing stress in your life?

  • What to say to debt collector’s calls:
  1. Do not admit to the debt or express your desire to pay the debt.  Until the debt has been validated with proper paper work from the original creditor it is merely an alleged debt.
  2. Do not let them bait you into a conversation.
  3. Do tell them that you are invoking your rights under the Fair Debt Collection Practices Act.
  4. Do ask them their correct legal corporate name for verification at the Secretary of States office.
  5. Do ask them for proof that they are currently registered as a debt collector with your State’s Department of Business Regulation, Banking Division.
  • Follow up with a written letter, certified mail, return receipt requested as follows:

“By my rights under the Fair Debt Collection Practices Act I am requesting that all communication regarding this or any other alleged debt be made through the United States Postal Service only.  Any attempt to contact me via telephone at my home, work (Beyond the one to verify employment), a relatives, on my cellphone, or any other location that you may have on file will result in me filing a complaint with the Attorney General”s office and the Federal Trade Commission for harassment.  Civil and criminal claims will be pursued.  You will be formally charged for your violation of 15 USC 1692c(c). If insulting language was used you will also be cited for Horkey v. JVDB &  Associates violations under 806(2) of the FDCPA.”

You know you should send this certified mail, return receipt requested, but, realistically, if it’s impractical to do that or you don’t want to spend the $5.00 extra, then just send it regular mail. This has the same legal effect but the extra proof is always nice to have.

Proposed New Debt Collecting Rules

At the urging of Attorneys General from more than half the States the Consumer Financial Protection Agency is considering implementing new rules to govern their conduct.  The CFPB  says it is looking “to better protect consumers and military service members.”  Consideration is being given to:

  • Giving States co-enforcement authority to address violations.
  • Apply collection laws to original creditors as well as to debt collectors.
  • Require sellers of debts to transfer data and detailed original information from the original account.
  • Require collectors to extend traditional collection protections to new modes of communication such as cell phones and texts.
  • Ensure collectors possess credible supporting evidence before starting collections or legal activity.
  • Better protect military service members especially if they are in combat zones.

A survey has been sent to consumers regarding dealing with their preferences about how they are contacted and their knowledge of their legal rights.

 

 

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After practicing law for 37 years Edward F. St. Onge, Sr. now devotes all his time to helping consumers achieve a high credit score with amazing speed. Learn the counter-intuitive secrets to credit scoring through his down to earth instructions backed by extensive knowledge of the laws and trends. All of the latest tricks and techniques that they don't want you to know now at your disposal. At last a level playing field for the consumer!

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