One of the biggest violations debt collectors commit during their aggressive debt collections is to lie over the phone. There are many lies that the debt collectors speak over the phone. They do not disclose their names while trying to collect from you. Sometimes they give you a false identities.
Under the Fair Debt Collection Practices Act (FDCPA), a debt collector must identify his name and the collection agency he is working for. The FDCPA is a federal act enforced by the Federal Trade Commission (FTC) to protect consumers against illegal and unethical debt collection practices by debt collectors.
http://www.yourcollectionrights.com/
Third party debt collectors buy debt from original creditors for a very small price and have nothing to lose money wise.
The FDCPA has clear guidelines to be followed by third party debt collectors engaged by debt collection agencies. They are:
Calling you at a convenient time
Informing you of his identity
Speaking in proper language
Disclosing debt details
Giving the original creditor's details
Listening to consumers if they have a payment suggestion
Not calling on numbers that have not been mentioned with the original creditor
One of the most frequent violations and one that a debt collector compromises on his integrity is giving a wrong identity. Debt collectors call from unknown or blank numbers or restricted lines and leave voice mails in threatening tones. This is not welcome because if there is a legitimate debt to be collected then there is no reason why a debt collector should resort to such methods.
Giving misleading and ambiguous information also is not a right method because it leads to unnecessary fear and displeasure among the consumers. Often debt collectors lie about calling your office or garnishing your wages. Unless there is a court ruling or they are original creditors, debt collectors do not have the right to garnish your wages. Lying about taking legal action or posing as an attorney are again punishable wrongs of debt collectors.
Lying about the amount of debt owed is again a violation by debt collectors. Debt collectors are required to mention the right amount that you owe. He should not implicate an amount more than you owe to extract more money from you.
Calling for someone else and harassing you for that person, alleging you to be someone else and trying to collect from you is another big lie debt collectors resort to. If it is a case of mistaken identity, collectors are expected to stop once you request them to stop on that pretext. However, if they still continue they are resorting to lies and are violating the FDCPA.
Debtors are protected by the FDCPA for a fair collection of debts. A clear understanding of your rights under the FDCPA is essential to stay away from debt collectors harassment. A little preparation and knowledge of the FDCPA can assure you of a hassle free life.
Third-party Debt collector or junk debt buyer is a bane from hell for anybody who got onto his hit list. We often read the horror stories dealt on innocent victims by the debt collectors, all over the web. Debt Validation, Debt Verification and Cease & Desist Letters are very effective in putting a third-party debt collector or junk debt buyers at bay. Mailing a Cease & Desist Letter along with filing your Notice of Appearance, Answer-Affirmative Defenses, and Certificate of Service, would especially be helpful in getting the debt collector back off, if you are engaged in a credit card debt lawsuit. Have you ever dreamt of the debt collector disappearing into the thin air?
Things you need to do to realize your dream:
Maintain a file for all the correspondence and the communication with the debt collector such as the Validation, Verification and Cease & Desist order
Make photocopies of all the communication with the debt collector like the Validation, Verification and the Cease & Desist orders
Send a photocopy each of all the communication with the debt collector like, the Validation, Verification, Cease & Desist orders via Certified, Return Receipt Priority Mail with a USPS Tracking Number to him
CC to the Attorney General in your state and to the one in the state of the debt collector
Include the USPS Tracking Number for all parties in the letter so the debt collector would know that you are not lying
CC to the Bar Association for your state and to the one for the state of debt collector
CC to the local TV consumer investigative reporter for your state and to the one for the state of the debt collector
Include the C C in bold letters on all documents sent to the debt collector with the USPS Tracking Numbers
Follow through with his threats to contact the Bar Association
Be pro-active and let the debt collector on notice, know that you know your rights and that you refuse to be bluffed by him. The debt collector very soon will be intimidated by your knowledge and would disappear into the thin air.
This way, you have nothing to lose except the debt collector.
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