Scale Collector
Posted in Uncategorized on 04/04/2008 07:00 pm by admin
Scale Collector
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5 Tips for Combating Bill Collectors
Dealing with bill collectors can be either a very stressful experience or, if you are avoiding them altogether, a maddening and persistent hassle of call avoidance. If you are in this situation, here are some useful tips in dealing with collection agencies.
1. Answer the Phone
Yes, collection agencies are a pain to deal with and yes, they always seem to call at the least convenient time. According to the Federal Trade Commission, creditors are not allowed to call you before 8am or after 9pm without your permission. Additionally, they may not contact you at your place of employment unless they're told either orally or in writing that they may. If you don't want them to contact you at all, according to the FTC, here is what you do:
Make a copy of your letter. Send the original by certified mail, and pay for a "return receipt" so you'll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
2. Make Sure You Actually Owe the Debt
Once you have a conversation with a debt collector or creditor, they are required to send you a "validation notice" within five days of contacting you. This document should tell you how to proceed if you think you do not owe the debt. Once the validation request is sent, you have 30 days to send a letter requesting written verification of the debt, such as a copy of the bill for the amount you owe. During that time, the collector cannot contact you until they have sent the written verification. If you think you owe none or only some of the debt, or if you request a verification of the debt, you must send them a letter stating such.
3. What Bill Collectors Can Not Do
Most things should be obvious such as cursing, repeatedly calling in a harassing way, and threats of violence or harm. But, did you know that they may not falsely claim that you have committed a crime, misrepresent the amount you owe, claim you will be arrested for not paying a debt, or send you anything that looks like an official document from a court or government agency if it isn't?
Also, they may not deposit a post-dated check early or try to collect any interest fee, or other charge on top of the amount you owe unless the contract that created your debt, or your state law, allows the charge.
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can't prove that you suffered actual damages. You also can be reimbursed for your attorney's fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector's net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
4. Always Get Everything in Writing and Never Give Out Bank Information
There are no verbal contracts when dealing with bill collectors, ever. Anything agreed upon must be affirmed in writing and you should take notes during any conversation with a bill collector. Otherwise, it's your word against theirs. If they push a payment deadline, it's likely an empty threat designed to create urgency to pay on your part.
If you are dealing with the original creditor, you may have no choice but to give them your bank information by providing a personal check or debit card. If, however, you are dealing with a third party collection agency, never, but ever, give them your banking information. Some of the more unscrupulous types may try to find ways to pull money directly out of your account. Pay the third party collectors with a money order.
5. Pay the Collectors at the End of the Month
Just like people in sales, debt collectors often work on commission. End of the month payments may present an opportunity to re-negotiate any allowable fee or perhaps even part of the original bill.
Hopefully, your phone is silent and your mailbox is empty, at least where the bill collectors are concerned. If that's not the case, arm yourself with a little knowledge. It could save you time, money, and stress.
About the Author
Christian is the author behind creditscorescale.biz. You can read more about HCG and other debt management at his site.
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