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Collection Agency Harassment
You're having your evening meal when the phone rings and on the
other end you hear "Is this Bill Davis?" You get that
gut wrenching feeling that the call is about your past due bills
and you say "no, it's not" and quickly hang up but the
calls persist. What do you do, how are you going to stop all the
calls and letters and worst yet, you can't afford to pay the bills.
That feeling is bad enough but when annoying phone calls turn into
full blown harassment then you need to take action.
Abusing or harassing you is illegal. Just because
you are past due on your bills doesn't give a debt collector the
right to abuse you. A debt collector has to follow the FDCPA,
Fair Debt Collection Practices Act. Part of that protection is not
being abused by the collector. Collectors will try many tricks to
find out where you work, your cell phone number, even call your
relatives or neighbors so it is important for you to know what rights
can stop the abuse. You also need to resolve the "alleged debts"
otherwise they will not go away. Here are some tips to follow.
What the collection agency doesn't want you
to know
Collection agencies are profitable only by collecting debts, however
in doing that, their job is difficult because of the restrictions
of the FDCPA. Collection agencies hope that you do not know about
the FDCPA because when you do, it makes collecting much harder for
them. For example, a collection agency doesn't want you to know
that you can tell them to stop calling or writing you or that you
have a right to make them prove the debt is valid. A collection
agency likes an uniformed consumer. The less you know about the
laws, the easier it is for them to collect money or intimidate you
in to paying.
Do you owe the debt?
This is the single most important thing you should check in to.
Is the debt valid. When a collection agency purchases a debt, they
may be buying debts that are several years old or debts that have
been placed with several collection agencies before they picked
it up. Most collection agencies buy debts for pennies on the dollar
and make a huge profit by collecting the entire balance. Making
sure the debt is accurate is called VOD
(validation of debt). VOD is part of the FDCPA and in a nutshell
it means the collector must prove the debt to be yours when asked.
Most people don't know this and never ask for proof. They simply
pay the debt no questions asked. VOD is powerful in that you can
literally wipe away the debt if the collector doesn't have sufficient
data to prove it is valid. Since most debts are sold over and over,
the records are often not available. If the collector cannot prove
the debt is valid then he can not force you to pay it and
he cannot report it to the credit reporting agencies. There are
provisions to follow however so be sure to read this
full article on VOD and then use a VOD
sample letter to complete the procedure.
Do they have the wrong person?
This is a common problem with collection accounts. Often the identity
is incorrect so it is very important to ask for VOD.
How old is the debt?
One of the most important facotrs in dealing with collection accounts
is the SOL- statute of limitation.
If it is expired then the debt is no longer collectable. Check
your SOL to be sure you are not paying an expired debt.
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