I have a creditor making threats- what should I do?
Answers:
They definitely can't harrass you. Call the consumer affairs department in your state, they probably have a consumer helpline. Hold your ground until you can find somebody reasonable in the organization. I was harassed by creditors during a similar period in my life, and I was able to work out settlements with most of them once I got past the initial harrasment. Getting some money is better for them than no money.
1.Call the credit card company and let them know their creditor is harassing and bugging you or file for a harassment charges.
visit www.creditboards.com. or tell them you are going to file for bankruptcy. that should stop all collection efforts including calling relatives.
Tell them that your recording their conversations and keeping a record of every date, time, contact person who calls you and what they say exactly.
Tell them you're considering filing for bankruptcy - ch.7. That would totally screw them and they probably wouldn't be legally entitled to a penny.
tell them that you don t have a job and to give you a break untill you have found a job.
They are using illegal tactics. If your state allows you to record these threats do so- Or make them put the threats on an answering machine. I would also call your states attorney general consumer line and next call ask who they are licensed by- and file a report with the licensing agency. You also have a right to tell them to quit calling you. That all communications will need to be by mail.
You need to get information on the Fair Debt Collection Protection Act. This is overseen by the Federal Trade Commission.
FIRST - write the creditor AND the collection Aganecy and tell them you request they not call you ever again. Tell them you will ONLY correspond by mail.
Make sure to site the threats made by the agent as violations of the fair debt collection protection act - and that you have instructed your friends, family and neighbors that should anyone call - to report the call to your local police as telephone harrassment.
Go to the web and look up your particular State's Attorney General's Office Consumer Protection Division - and go ahead and file a complaint against the company who made the threats to call others and embarrass you - site the agent's name if possible. Include dates and times and the phone number they call from.
Send a $5.00 payment a month - if possible - until you get a job and can rectify the situation. It shows that you are still intent on clearing the debt while you are struggling.
Here are links to the Fair Debt Collection Act:
Government Act:
http://www.ftc.gov/os/statutes/fdcpa/fdc...
Wikipedia's definition - layman's explanation:
http://en.wikipedia.org/wiki/fair_debt_c...
This may also provide guidance:
http://www.fair-debt-collection.com/rule...
Good luck, hon. I pray you find peace.
If it is not the credit card company calling you for payment, then your debt has probably been sold. Calling the credit card company will not do any good because they can't control how the agency works, other than not sell them past due debts in the future (which is unlikely). Do not threaten bankruptcy unless you are prepared to follow through with it. Collectors hear it all the time and will most likely dismiss your claim as a bluff.
Telling you to get a bank loan to pay them is not illegal, but as you guessed, it is a bad idea. Because you are already past due on at least on bill and don't have a job, you would have to put something up for collateral (like your house or car), and then would lose that if things don't turn around for you quickly. It is illegal to threaten to tell your family, friends, or employer that you are behind in your bills. Report them to your state's attorney general's office. Every time they call, start your conversation with the disclaimer that you may be recording the conversation. Record it every time you can, and give the AG any conversations in which they threaten this illegal action.
Next time they call, tell the Collection Agency that there is a law against telephone harassment. They are bluffing about calling your relatives and friends to embarrass you. Speak in a loud and firm tone of voice and make it clear to them that, if they call your one more time, you will sue the pants off the caller and the company they represent. Then turn around and call Customer Service at the credit card company and tell them you are unemployed and just as soon as you get a job you will pay them. Also tell them they had better get the Collection Agency off your back or you will include them in your lawsuit. You will never hear from them again. Your phone company should be able to block the caller from your phone. It might be worth the effort to find out.
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