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Re: Harrassment by a Collection Agency


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Posted by LadynRed (199.91.33.254) on January 22, 2003 at 14:18:33:

In Reply to: Harrassment by a Collection Agency posted by MARTHA TORLUEMKE on January 22, 2003 at 13:49:57:

Yes.. your friend should send the scumbag collection agency a cease and desist letter telling the CA that they are NOT to contact them by phone ONLY by mail. By law, they must comply - if they obey the law.

Your friend needs to get REAL familiar with the Fair Debt Collections Practices Act (FDCPA), this law controls what debt collectors can and cannot do. Calling a third party repeatedly to harrass is definitely a violation of the Act.

The BS about not being able to accept payments only the full balance is bullcrap, plain and simple. They are trying to intimidate to get money - which is all they're after. They need to get a name and address to send the C&D letter certified, RRR and keep copies of everything.

When a CA violates the FDCPA, you can actually sue the CA for those violations, but they need to keep a log of ALL calls and tape any calls they take. The first thing they should do is STOP talking to the dirtballs - its pointless. If they call after they get the cease and desist, they've started racking up violations.

So, I would advise they read up on the FDCPA, print out a copy and keep it near the phone, along with a tape recorder and a log book. Send the C&D letter.

Depending on who the CC is, they may not even be close to being sued and unless the balance owed is high, its unlikely. They don't want to have to spend money to get money - unless its Discover.. they sue quickly over any amount.

Sample C&D letters can be found at WhyChat's site (read the NEWCOMERS message here for the URL) and you can find some at www.creditinfocenter.com.

A link to the FDCPA is below.



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