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Posts tagged ‘collection’
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Your answer to that question is likely “No”. Section 805 15 USC 1692c of the Fair Debt Collection Practices Act clearly states that if you contact the debt collector in writing and inform them that you cannot pay this debt at this time (for whatever reason) and you want them to cease any further contact, then they must cease any further communication. Make sure you make a copy of this letter, send it certified mail, return receipt. This way they can never say that they didn’t get it, and trust me, they will say exactly that.
After this, they can only contact you for two reasons: to let you know that further communication has been terminated, or to let you know that they will be taking further action available to them by law. Other than that, if they start calling you again, record the calls and tell them they are being recorded. Get the name of whoever is calling you.
They are not allowed to contact you at work if they know, or have reason to know, that your employer disapproves of such communication. Now this part baffles me. What employer is going to say, “Yeah, that would be wonderful if you had creditors calling here all day, sure go ahead.” Either way, if they do start calling, make sure you let them know it is not okay. Be sure to quote the Fair Debt Collection Practices Act.
The more knowledgeable you seem to them, the more they are not going to want to bother with you. These people are the Athlete’s Foot of America, they couldn’t care less if you were dying of a brain tumor right there on the phone with them, they would ask for the chemotherapy to be temporarily halted so you could settle that eight year old Blockbuster debt for $73.00.
I am not saying it is okay to not pay your bills, I just don’t think anyone has the right to torment you in your own home, regardless of how much money you owe them. Unless of course, the money you owe is on the home itself 
When you fail to pay a debt, after a certain amount of time it goes into “collections”. This simply means that the debtor sells the unpaid account at a discounted rate to a collection agency that specializes in collection tactics, such as calling every 10 minutes and putting a block on your bank account (yes they can do that, if a judgement is issued). Sooner or later, probably sooner, your credit report will show the collection agency and the debt amount. This is very bad for your credit. There are some options you have that you may not realize.
Erroneous Information
If the debt is not yours, then it is not legal to have it on your credit report. To handle this, just send a credit dispute letter to the credit bureaus and tell them what is going on. If the debt truly is not yours, they will find out and remove it from your credit report.
Debt Validity/Integrity
If you do have a debt with the collection agency on the report but for a different amount than reported, or if you have already paid it, then you can ask the credit bureaus to validate the debt. They will give the collection agency a set period of time, usually 30 days, to provide proof of the debt and debt amount. If they fail to do that for any reason, the debt is removed from your credit report.
Seven Years of Bad Luck Doesn’t Just Apply To Mirrors
After seven years from the date that the account went delinquent, that debt must be removed from your credit report completely, never to be reported again. Some debt collectors, being the spineless rats that they are, actually try to change the dates of the debt to make it eligible for reporting longer. This is done frequently and it is why many people see debts fifteen years old on their credit reports. They think that it can never come off, but that isn’t true. If your debt is more than seven years old, then send a dispute letter to the credit bureaus and provide proof, if you can, of the date of the delinquent account. The credit bureau will likely find out the true date and remove it.
Deletion for Sale
One option is to offer the debt collection agency a one-time payment in exchange for them deleting the record off of your credit report. They will probably say no, but keep pushing them. This is like a game to them really. They are not selling a product, they don’t create anything, they contribute absolutely nothing to society but chomping at the bit of middle class America. You must make them think that you will never, ever, make a payment on the debt. Tell them that they should take the offer now or settle for nothing. If you are persistent, they might eventually budge. They will try to get as much as they can from you. So low ball them first. Offer a ridiculously low amount, so when they come back with a counter offer it will be around the amount you truly intended on paying. Most importantly, make them send you a letter of debt dismissal and settlement. THIS IS IMPORTANT. It is your only physical proof that they agreed to remove the debt.
In the end, your only option may have to be to pay the debt. I suggest that you call them and arrange a payment plan. Even if it is ten dollars a month, it is something, and it will stop these idiots from calling your house every ten minutes.
