How should I deal with a mean agent from the collection agency

In My Humble Opinion
1

I recently posted a couple of GQ questions about my recent situation. Here and here While the GQ answers are all great, there is still a gray area. I figure I’d be getting a big benefit from opening this up as an opinion question as well.

So, in your opinion, how should I deal with a mean-spirited person from a collection agency?
My goals:

  1. to get them to leave me alone and stop calling
  2. no more harassment.
  3. To take care of this as quickly and painlessly as possible
  4. To use my legal rights in my favor, not to retaliate against the company for their demeanor
2

[QUOTE=SweetHomeColorado]
I recently posted a couple of GQ questions about my recent situation. Here and here While the GQ answers are all great, there is still a gray area. I figure I’d be getting a big benefit from opening this up as an opinion question as well.

So, in your opinion, how should I deal with a mean-spirited person from a collection agency?
My goals:

  1. to get them to leave me alone and stop calling
  2. no more harassment.
  3. To take care of this as quickly and painlessly as possible
  4. To use my legal rights in my favor, not to retaliate against the company for their demeanor
    [/QUOTE]

From what I remember, they’re not allowed to harrass you at work. And I don’t think they’re allowed to be nasty or mean either.

If he/she can’t behave in a professional manner, you need to speak to his/her boss. But you do need to start taking care of it, if it’s legitimate, it’s not going to go away.

Most collection agencies will work with you, even if you can only pay a little bit. I recently managed to pay off some overdue debts that had gone to collections. Sometimes you have to be VERY firm and no-nonsense with them.

Even when they’re not being mean they’ll press you to pay more than you really can. Make a monthly (or weekly) payment amount and stick to your guns.

They’ll do things like say (all astonished as if you’re the scum of the earth), “you can’t pay more than $XX.xx!!!”

Be calm and firm, YOU make the rules.

Having made a mistake doesn’t entitle them to treat you as less then a person, nor does it entitle them to try and bully you into more than you can handle. Be fair, but be firm.

3

Do you have or can you get a lawyer? Even one from Legal aid? Ifso just tell them to contact you onlt through your lawyer.

Or you can just send him a certified letter stating that you wish no further contact or you refuse to pay the alleged debt.

Prohibited conduct

The Act prohibits certain types of “abusive and deceptive” conduct when attempting to collect debts, including the following:

* contacting consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time
* contacting consumers in any way (other than litigation) after receiving WRITTEN notice that said consumer wishes no further contact or refuses to pay the alleged debt (unless it is to say that collection efforts are being terminated or that the collector intends to file a lawsuit)
* contacting consumers at their place of employment (after having been told verbally or in writing that this is not acceptable)
* continuation of collection efforts after receiving WRITTEN request from consumer for validation of debt, unless/until validation is provided
* misrepresenting the debt or using deception to collect the debt
* publishing the consumers name or address on a "bad debt" list
* adding extraneous "fees" or "charges" to the original balance (unless allowed by law)
* threatening consumers with arrest or legal action that is not actually contemplated or even possible
* using abusive or profane language in the course of communication related to the debt
* revealing or discussing the nature of debts with third parties (other than the consumer's spouse or attorney)
* reporting false information on a consumer's credit report or threatening to do so in the process of collection
* filing lawsuits in places other than where the consumer lives or signed the contract

Required conduct

Further, the FDCPA requires debt collectors to:

* identify themselves and notify the consumer, in every communication, that the communication is from a debt collector
* give the name and address of the original creditor (company to which the debt was originally payable) upon the consumers request.
* provide verification of the debt to the consumer upon request (though what constitutes verification is not spelled out by the Act)
* notify the consumer of their right to dispute the debt, in part or in full, with the debt collector. Such a dispute must also be reported by the creditor to any credit bureau that reports it.

(If a written dispute or request for verification is sent within 30 days after receiving the first written notice concerning the consumer's rights, then the debt collector must either provide the requested validation information or cease their collection efforts altogether. The so called 30-day "g" validation notice is required to be sent by debt collectors in the first written communication to the consumer. The consumer's receipt of this notice starts the clock running on the 30-day right to demand validation of the debt from the debt collector. Consumers may still dispute a debt later, but they lose the right to compel the debt collector to produce verification of the debt if they dispute it after the 30-day period has elapsed. A consumer may also verbally dispute a debt--though the consumer does not preserve all of his/her rights by doing so. )
4

Incidentally in your first thread/link, Mr. Slant gave you some excellent advice “In any case, respond to the first letter you get from this debt collector by sending certified return receipt requested mail “Demanding validation of this debt” per their letter.
They will send a letter when they first take your case, they have to. It is likely mailed the same day they begin calling you, give or take. By demanding validation, you preserve certain important legal rights. Never talk to a debt collector on the phone. Do everything in writing. You can extend the period of time they have to collect by acknowledging the debt over the phone, which would be unfortunate for you.”

5

Perfect advice. I’m taking detailed notes.
A few questions/concerns
I did not acknowledge the debt. I’ve moved but the creditor has my new address I would assume the collector would too.
Never received a written letter (what im waiting on)
I was never told of the company they’re working for
Every phone message is the same “Name, phone number, call me back” the first time he called he said “this is regarding an important legal issue” and that was it.

So, if I find these faults, who can I turn to? What is the branch of gov’t that deals with grievances?

Frankly I’m really trying not to make this punishment for them… I don’t even know if the claim is fully valid. I just want to find out though.

6

[QUOTE=SweetHomeColorado]
So, if I find these faults, who can I turn to? What is the branch of gov’t that deals with grievances?
[/QUOTE]

The provided Wikipedia link gave it - the FTC.

7

[QUOTE=SweetHomeColorado]
Perfect advice. I’m taking detailed notes.
A few questions/concerns
I did not acknowledge the debt. I’ve moved but the creditor has my new address I would assume the collector would too.
Never received a written letter (what im waiting on)
I was never told of the company they’re working for
Every phone message is the same “Name, phone number, call me back” the first time he called he said “this is regarding an important legal issue” and that was it.

So, if I find these faults, who can I turn to? What is the branch of gov’t that deals with grievances?

Frankly I’m really trying not to make this punishment for them… I don’t even know if the claim is fully valid. I just want to find out though.
[/QUOTE]

First Rule: NEVER TALK TO A DEBT COLLECTOR ON THE PHONE.

To keep them from calling you again, send them a limited cease and desist letter, sent via certified mail, return receipt requested. If you are willing and able to work on your debt, don’t tell them to not contact you at all unless you want to pretty much guarantee that you’ll get hit with a lawsuit.

Unless you are considering filing for bankruptcy, you don’t need a lawyer. You CAN do much of this work yourself, if you have the time and inclination. NEVER hire one of those law firms that promises to fix your credit, because at best they’ll charge you through the nose for things you can do yourself. At worst, you’ll end up more screwed than you were to start with.

If your original creditor will accept payments from you (and many will, even after your account has been sent to collections), deal only with them and skip the debt collector altogether.

By law, the collection agency is not allowed to let on that they are calling for debt collection purposes when they cannot reach you directly. That’s why your phone messages are so vague.

If you run into serious problems with a debt collector harrassing you, etc., your State Attorney General’s office is the place to go.

I strongly encourage you to go to this FAQ and start reading. Then visit this page and start reading some more. And if after reading you have specific questions about your own situation (and you probably will), post them here. Heck, just read those forums to see how others dealing with your same original creditor/debt collector have handled things. Read about the shenanigans that debt collectors pull, in violation of consumer rights. And then don’t worry about making things hard for the debt collector. :slight_smile: It’s the right thing to pay off your debts, but you don’t have to do it on the collector’s terms and to your ultimate detriment.

Not a slight to anyone on these boards, but the people over at CreditBoards live, breathe and eat credit issues like no one else. They really saved my bacon when I was totally lost and in need of help. While links to legislation are useful, they barely get you started on the nitty gritty of dealing with debt payment and credit repair (the two are inextricably intertwined). Good luck!

8

[QUOTE=Ferret Herder]
The provided Wikipedia link gave it - the FTC.
[/QUOTE]

But the FTC tends to wait quite a while before they take action on complaints filed. A consumer’s State Attorney General tends to move much more quickly, and in a way that specifically helps the consumer.

9

I agree with the advice not to deal with any collector over the phone. The only thing I would do if they call again and you speak with someone is to get a mailing address for their company, and verify your account number.

‘Cease and Desist’ letters are quite handy, but should be used only by well-educated consumers. Never tell the collector to piss off completely if the debt is valid, cause the next thing you receive will be a summons. You are well within your rights to demand that all contact be through the mail, and to demand validation of your debt.

Here’s a letter I used for an apartment complex. It has all the basics, feel free to modify and use it if it may be of help. Send all communication through certified mail with a return receipt, and make copies of any correspondence you send.

"To Whom it may concern:

I have been contacted by your company about a debt you allege I owe. I am instructing you not to contact me further in connection with this debt until your office is able to provide me with documentation detailing the charges I am said to be responsible for. This will include an itemized list of all charges, a certified copy of the lease agreement with the apartment complex showing myself as a primary leaseholder, and the date the account was acquired by your company along with the price for which it was acquired.

It has not been established to my satisfaction that I owe any amount to the apartment complex, despite numerous requests to that effect. Until documentation is provided to me with proof positive that I am responsible for any monies owed, I hereby dispute any and all parts of this alleged debt. This debt has been reported to consumer credit reporting agencies, however if I am not satisfied as to its validity, I am prepared to pursue my rights under the Fair Credit Reporting Act to their fullest extent.

Again, this communication is to inform your office that no further contact will be tolerated until and unless the above provisions have been met. Under the Fair Debt Collection Practices Act, a federal law, you may not contact me further once I have notified you not to do so. If your office wishes to have any further dealings with me on this matter, all subsequent communication will take place by United States Mail.
Sincerely,

timeliketears"

10

Sorry double post, I ran out of edit time.

You would be amazed at how much more polite phone collectors can suddenly become if you simply utter the sentence “I believe your company has violated provisions of the FDCPA, and I am prepared to retain counsel if my request for information is not met.” You’d also be amazed at how many collectors have NO FRICKIN’ CLUE about the laws that govern their business, and truly don’t realise that they’re breaking them by being a jerk and making threats.

11

[QUOTE=Time Like Tears]
Sorry double post, I ran out of edit time.

You would be amazed at how much more polite phone collectors can suddenly become if you simply utter the sentence “I believe your company has violated provisions of the FDCPA, and I am prepared to retain counsel if my request for information is not met.” You’d also be amazed at how many collectors have NO FRICKIN’ CLUE about the laws that govern their business, and truly don’t realise that they’re breaking them by being a jerk and making threats.
[/QUOTE]

Absolutely. And frankly, there are those collectors that know and still don’t care, because they assume (rightly, unfortunately) that most consumers will not know their own rights under the law.

By the way, if you send a limited cease and desist letter telling the collector to only contact you in writing, and they continue to call, remind them that they incur a $1,000 fine every time they call you. That tends to shut them up pretty quickly as well.

12

I’m not sure how it works in the US so you may want to check.

Phone up and make an preliminary appointment with a bankruptcy court official[in Canada they are called a referee]. (Not a lawyer.) This is the first step in going bankrupt, they will advise you Yay or Nay, tell you about the process etc. You will not be committed to pursuing this course simply because you meet with the referee.

In Canada, as soon as you go to that meeting, for a full six months your creditors are forbidden to contact you or pursue you in any way shape or form.

When I was younger I was being hounded by creditors at a time when I was powerless to make a payment. I was unable to sleep at night, they were making my life a living hell.

So I did look into bankruptcy. The referee sort of laughed with me, I was very young, and it was only a small amount of money! Once I was working again, within a few short months, it all righted itself and I got it paid off in full in no time.

But she welcomed me to make another appointment and come back in when the six months was up, just to keep them from bugging me and keeping me up at night.

Call up, make an appointment, attend the meeting, ask questions, and be sure to tell them that you can’t sleep at night and that these people are driving you crazy. You don’t have to proceed to bankruptcy, in fact, they don’t want you to, they want to work it out for you.

13

Don’t take this as snarky, but. . .

Can I ask what your goals are here?

Do you dispute the debt?

If you find out that the collections agencies overstepped their bounds (legally and ethically) then what? Do you want your debt gone, or do you just want to make them stop calling?

Not that this was asked, but it SEEMS to me that the least stressful thing here would be to start paying down the debt as much as you can as fast as you can. It would be nice if you could do that on your own time schedule without being harassed, but it would be nice to poop gumdrops too.

You’re going to outlay a lot of energy, and stress, nit picking this common behavior (yes, this is how they treat EVERYONE) while interest accrues on your debt and you’re STILL going to have to pay it.

14

[QUOTE=Trunk]
Don’t take this as snarky, but. . .

Can I ask what your goals are here?

Do you dispute the debt?

If you find out that the collections agencies overstepped their bounds (legally and ethically) then what? Do you want your debt gone, or do you just want to make them stop calling?

Not that this was asked, but it SEEMS to me that the least stressful thing here would be to start paying down the debt as much as you can as fast as you can. It would be nice if you could do that on your own time schedule without being harassed, but it would be nice to poop gumdrops too.

You’re going to outlay a lot of energy, and stress, nit picking this common behavior (yes, this is how they treat EVERYONE) while interest accrues on your debt and you’re STILL going to have to pay it.
[/QUOTE]

Well aside from my above listed goals, my main one would be
To make my life peaceful as I look into and take care of this situation.

I do not want it to be more difficult… I do want the debt to be paid off and to put this behind me. It’s already been an embarassing hassle trying to find out information regarding my account and the calls which keep coming in.

ALL this advice is great, simply amazing. I think I am going to have to make the initial call today to get his address (since I don’t have it yet) after stating some of the amazing things listed above, I plan on respectfully terminating the call and drafting my first letter. Prior to the termination of the call I will certainly state the caveat that I have not received any written notification, confirm my correct address is on file and the companies’ name.

Now a couple quickies:
Would the letter go to the collector specifically or the company in general?
I’ve moved and I want to make sure they have my accurate address on their file. Should I be proactive in giving it to them or wait until I write my first letter?

Any other thoughts going into the first call?

15

I would address your limited C&D to the collection company, since they are the ones calling you (correct?).

Do NOT confirm that the account belongs to you. Say that they allege the account belongs to you. If you confirm the account number, you are essentially validating the debt for them.

Go ahead and put your current address on the letter. However, don’t sign your name; just type it out at the bottom. Less scrupulous collectors have been known to “transfer” signatures onto other documents, which you will then have a hard time proving you didn’t sign.

Trunk, she clearly wants to pay her debt, but she does have rights under the law, and she should exercise them to the fullest. The minor delay of a month or two while she gets everything sorted out to her satisfaction is worth it.

16

I have one calling me. Problem is it was paid 2 years ago. I explain it to them and they say I have to prove it. My wife went through the trouble and got check numbers and told them when it was paid. They say not good enough ,send them check copies. I tell them blow it out their ass ,I do not work for them, they have used up enough of my time. They are still calling. It is what they are paid to do.
\ Ps .Wife faxed check copies ,they still call.

17

I had a client who was being chased by an exceptionally rude collections agency in New Orleans over an entirely bogus alleged debt.

I sent the collections agency a sabre rattling letter, reported it to our province’s department that prosecutes such agencies, and put a hex on the agency. The next week, Katrina removed the collections agency from the face of the earth. Problem solved.

That’s when I first started to realize that lawyers are a lot more powerful than one would think, and I have been very careful since then to not have another entire city blown away.

18

[QUOTE=elbows]
In Canada, as soon as you go to that meeting, for a full six months your creditors are forbidden to contact you or pursue you in any way shape or form.
[/QUOTE]
In Canada, the protection only begins once the filing is made. The period prior to discharge is usually nine months for a first time bankrupt, during which the bankrupt’s assets (but for some basics) are distributed to the creditors and the bankrupt’s income (but for an allowance) is distributed to the creditors. Once discharged, the bankrupt is free of the creditors, but will still have one heck of a credit rating problem. An option short of bankruptcy is a creditor’s agreement, which is useful for people who can eventually work off part but not all of their debts. YMMV – this is only for Canada.

19

Well, based on the above. . .

[QUOTE=SweetHomeColorado]

So, in your opinion, how should I deal with a mean-spirited person from a collection agency?
My goals:

  1. to get them to leave me alone and stop calling

  2. no more harassment.

  3. To take care of this as quickly and painlessly as possible

  4. To use my legal rights in my favor, not to retaliate against the company for their demeanor
    [/QUOTE]

  5. Pay off your debt

  6. Pay off your debt

  7. Pay off your debt

  8. In your favor for what? It sounds like you just want to make life more difficult for people who are doing their jobs.

When I read this, I don’t know what to think. . .

Do you or do you not owe people money? Crap like that isn’t “using legal rights in your favor”. It’s ducking your obligations.

Are you asking for advice on how to give collection agencies the run-around?

Are you looking for a way to shut up the collectors for a period of time that you don’t want to pay your debts?

20

[QUOTE=Trunk]
Well, based on the above. . .

  1. Pay off your debt

  2. Pay off your debt

  3. Pay off your debt

  4. In your favor for what? It sounds like you just want to make life more difficult for people who are doing their jobs.

When I read this, I don’t know what to think. . .

Do you or do you not owe people money? Crap like that isn’t “using legal rights in your favor”. It’s ducking your obligations.

Are you asking for advice on how to give collection agencies the run-around?

Are you looking for a way to shut up the collectors for a period of time that you don’t want to pay your debts?
[/QUOTE]

Trunk:

You should read the linked threads SHC referenced in the OP. In brief, SHC was feeling overwhelmed by debts, turned to a consolidation company, who said it would be no problem to consolidate all of the accounts (including one from Amex), and that the new payments would begin shortly. Well, turns out Amex did NOT agree to the consolidation, and immediately closed SHC’s acct. and instead turned it over to collection in about a 30-day period. So SHC has been blindsided and is trying to get his/her feet back under him/her.