Harassing calls from a debt collector? Here is what you need to know

If you are in finantial distress you can arrange to have your salli mae loans put on hold for a time. Work with them, they will help you.

Hawaii,
 After 15 years it is highly unlikely that this debt is collectable. Check your states statutes. The collector would have an extremely hard time proving the debt. Tell them to get lost (in writing if possable certified mail return receipt). If you do talk to them they must by law identify themselves or they are breaking the law and when caught can be heavely fined. Don't put up with their crap. A little education about debt collection can go a long way. Good luck.

www.funtimenow.com/5571

Some of this is not true.  Maybe it is SUPPOSED to be true and the law, but that didn't protect me.

Asset Acceptance, LLC purchased an old debt of mine from Providian, which was beyond the Statute of Limitations to collect.  I disputed the debt in writing.  They added the debt to my credit report and illegally redated it so that it would not expire for another 7 years.

After protesting with the credit agency several times, they finally removed the Providian debt and left the illegally redated debt on my report!!!

I found out that Asset Acceptance did not report any date as the original delinquency date, and apparently they are allowed to get away with that.

On top of that, I filed several complaints with the FTC.  The first one replied that there was nothing they could do about this violation of the Fair Debt Collections Act (even though they are the ones that are supposed to do something about it).

After my last complaint, I was notified by the FTC that Asset Acceptance, LLC was reported and entered into the database of offenders and should legal action be taken against them, this information will be used for that purpose.

In the meantime, all I can do is take them to court and sue them in a civil manner for their violations.

Once again, the government makes laws, the government doesn't stand behind the laws they make, and does nothing to protect the consumer from this illegal activity.

My mother died recently (6 wks.ago) and I have been receiving calls from
a debt collector regarding a credit card that she had.  I have made it
known to them that I am not trying to avoid any debt owed but am not in
a position to do anything at this moment.  They are now becoming very
arrogant and harassing.  I called the credit card company and attempted
to speak with someone about this matter, but they are unavailable today.
What should I do in the meantime?  This collection company continues to
call several times each day.

I have been in the collection business for over twenty years. I abide by the Fair Debt Collection Act and all state laws. It never ceases to amaze me how people will create debt & then not step up to the plate to take care of their responsibilities.  Communication is key. If you know you owe the debt contact the agency & try to work out a reasonable payment arrangement. Most collectors are willing to work with you. Companies have to charge other consumers more money for their products when people fail to pay their bills. I am aware that there are some really good reasons why someone may not be able to pay a bill (sickness,unemployment,divorce) but you should still contact the collection agency & see if you can negotiate a small payment arrangement until you get yourself back on track.

"If we call you and looking [sic] for someone else then just tell us" - collection agent

I have actually had a collection agent, when I informed him that he had the wrong number and that no such person lived here, ask me, "Well, do you know how to get in touch with her?"    
I have also had collection agents phone repeatedly asking for people who I've very politely (the first time) told the same thing.

JDinFL - it's probably time for you to seek legal counsel.  The Credit Laws are ridiculously complex as it is.  But thanks to that paradigm of magnanimity, George W Bush, Collectors have far more leeway than ever.

To collection agent, maybe where YOU are you can only call 3 times a week, but I have recieved 22(actual number not exagerating) in a 3 day period. Not even for me and I have explained they have wrong number. An added problem is this is on my cell-phone

lots of help and letter templates at creditboards.

You should never acknowledge a debt over the phone. Always ask for something in writing before debt acknowledgement.  The statute of limitations has a catch of redating a debt, please be well versed on this before you acknowledge your old debts.  They may call...but can they truly collect or just hassle you.  A debt from say 1992 may not be collectable unless a judgement was filed and won regardless of what a collector may tell you.  Know your rights before throwing good money after bad.

Are you not reading these posts???!!!  People are getting called for debts that are not theirs!  Would you pay something that you DO NOT owe!  I'm on my second round of harassing phone calls for a debt that is not mine.  I don't deserve this.  My financials are impeccible.

i keep getting calles from them and it not even calling for anyone how lives in our home. they call severla times a day. THey wont stop. They have been calling for months now

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

The Fair Debt Collection Practices Act spells out harassment or abuse as
[quote]
§ 806. 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
603(f) or 604(3) of this Act.
(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 804, the placement of
telephone calls without meaningful disclosure of the
caller’s identity.
[/quote]

Some collection agencies seem to have resorted to calling from toll free numbers where the number comes up unavailable on the Caller ID.  This could be considered harassment under section 806 as the collection agency is not identifying themselves meaningfully on the Caller ID.  If they call multiple times during the day everyday, it could be considered harassment even if the intent wasn't to harass.  The multiple calls have the same effect (affect?) has harassment.  I am not a lawyer, so please contact an attorney concerning these theories on harassment.  You may have legal recourse against the collection agency, but only a qualified lawyer can tell you.

I had a debt collector contact me once to say I owed a debt, which I disputed.  They wouldn't take no for an answer, and tried to get me on some sort of payment schedule.  I felt the collection agency was rude and using high pressure tactics.  After I hung up, I contacted the company who I supposedly owed the debt.  Turned out that it was the company who made the mistake in their billing.  They had two different companies handling their billing.  One of the companies didn't bill my insurance company within the alloted time.  So the company that I supposedly owed the money ended up eating the bill as it was their mistake.  If the debt collector had taken the time to confirm there was actually a debt, all of this could have been avoided.  Instead, they took the it at face value that their was a debt owed, and tried to use high pressure tactics to get a non-existent debt paid.  The debt collector I spoke too wasn't willing to communicate has he just assumed there was a debt.

[quote]
I have actually had a collection agent, when I informed him that he had the wrong number and that no such person lived here, ask me, "Well, do you know how to get in touch with her?"    
I have also had collection agents phone repeatedly asking for people who I've very politely (the first time) told the same thing.
[/quote]
I have had debt collectors ask me the same thing.  They are not used to taking no for an answer, and like to continue engaging in a conversation by asking you questions.  It is an old trick they like to use in order to keep the conversation going.  Most of them are also using a computer.  They are instructed by their supervisors to keep asking questions rather than take no for an answer.

Don't expect much sympathy by calling people on these boards "you debtors."  Most of the people here are reporting calls on debts they DO NOT OWE.  I am getting calls now because we moved and apparently some "deadbeat" before us had our number.  And yet your colleagues have repeatedly phoned, refused to believe that we are not the debtor in question, and had generally crappy attitudes.  They are hiding behind "800# service" phone numbers.  We're getting calls more than 3x a week, and FYI there is no way possible that I am giving out our address to strangers who are already on the verge of exhibiting threatening behavior for the purpose of their verification.

We've already received tons of junk mail at our new address -- you're telling me that there's no other way for your industry to verify name and number you're calling is correct?  The fact is, your industry doesn't want to spend the dollars to ensure it has up-to-date mailing and phone lists.  Much better to make it everyone else's problem.

You claim you treat the people you call with respect and that you abide by the rules.  If so, congratulations -- you're the minority in your profession.