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  1. #1
    Join Date
    Oct 2010
    Posts
    2

    Default Harassment from Debt Collector

    My question involves a consumer law issue in the State of: S. Carolina

    I have been receiving phone calls from a debt collector on my work and cell phone. I am asked them on 4 different occasions now, not to call my work phone. Their response is, "if you do not answer your cell phone, we are going to call your work phone"

    I then received this email.

    "I have been asked to make a call to your employer and start gathering information to process your file as a refusal and move forward. You have a very limited window of opportunity to call and review your options to prevent further verification
    Your lack of communication regarding the cash advance we loaned you in good faith is forcing us to assume your intentions and take further action to enforce your contract. You could save us both a lot of time and money and contact us during banking hours to review an alternative method of repayment to maintain good relations. We are unable to offer you any other solutions to clearing your name unless you take action and call us to state your intentions. All decisions are made on a case by case basis. Please take advantage of this limited opportunity to erase your negative payment history and call me today.
    Thank you in advance for resolving your loan voluntarily"

    I have no clue who this company is or what they want. I have never received any mail from them. Any ideas on what I can do?

    Thank you for your help in advance.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Harassment from Debt Collector

    I am confused. Did you have a loan with them?

  3. #3
    Join Date
    Oct 2010
    Posts
    2

    Default Re: Harassment from Debt Collector

    Yes, 4 years ago and it was paid off. I do not have any of the paperwork from this and they are refusing to send anything in the mail.

  4. #4
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Harassment from Debt Collector

    Send them a certfied response asking for details concerning the debt they claim you owe and that witout that information you do not want any further communication (805c). Any further communication needs to be done via mail (805c). Inlude in the letter language stating the you do not wish to be contacted at work because your employer does not condone the use of business equipment to address personal business (805a). The creditor can not contact your boss concerning the debt (805b). If the creditor fails to provide the informatin and continues to call, calls your employer, or contact you via the telephone then you have a lawsuit against them for harrassment (806).

    (All sections are from the Federal Fair Debt Collections Act)

  5. #5
    Join Date
    Oct 2010
    Posts
    5

    Default Re: Harassment from Debt Collector

    Great answer...I personally went through a debt collection issue similiar to yours, and I resolved it this way:

    I sent the company a certified letter within 30 days of receiving their letter. The letter they sent stated that in order to dispute the debt, they would need a response within those 30 days. Since I sent the letter (with language stating that I will not tolerate further contact on their part without a statement of obligation) certified, I called the company and asked if they had received the letter--considering they still sent mail to my address. The company denied receiving the letter, to which I stated "Well, that's fine because I sent it certified and have a receipt saying that you did receive it."
    From the information I've read on collection agencies, I've noted quite a few things. First, most often, companies will claim an amount that is both alot higher than the actual debt and use numbers that are off-putting, like uneven numbers, including cents. This is to throw you off and allow you to assume that they have reason for this amount, but in my dealings, I've noticed that NO agency could confirm their "interest fees." In fact, when I asked the company, nobody could give me an interest rate, period. That alone caused alarm. Second, if the company cannot prove that you owe them money (and not a third party OR if they are unable to provide a Proof of Obligation stating that you owe the debt and owe it to them), you are not obligated to pay. I'm not sure about the laws per state but I'm guessing that if you ask for a Proof of Obligation and they refuse/cannot provide you with this document, you can ignore their calls. Third, the company cannot garnish your wages (which it seems they implied they would be doing by receiving your work information) without the Proof of Obligation. I'm pretty sure that any attempt to get this information from you or co-workers is illegal--if you sent the certified letter.
    Send the letter and wait for a response. If it's anything like my case, you won't get one. I received one letter after sending mine that re-stated the debt and how to pay, but I contacted the company and let them know that without response to the certified letter, any contact the company attempts to make with me is considered harrassment. In my state (Ohio), harrassment of this nature by a collection company can award up to $1000 in court.
    One more thing: check your credit report. Alot of collection companies attempt to convince you that your credit will be affected by non-payment BUT the only way that a company can include this debt on your credit report is if they have proof that you owe (which they need to give to you FIRST) and if you made no attempts to pay the debt after that. Do not be afraid if you receive letters from the company in a legal format--that is, the company threatens to take legal action and even sends a letter from what looks like an attorney. Without proof, an attorney (which I doubt the company actually has) cannot take action.
    Sorry so long! I've been frustrated with collections just as you and was so happy to have taken care of my situation this way--legally and without recourse. They no longer call or send me letters, I never paid one cent (and I didn't owe them anyway), and my credit does not reflect this incident.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Harassment from Debt Collector

    ). Any further communication needs to be done via mail (805c).
    you cannot demand a limited cease and desist communications order. It'a all or nothing with the exception of

    at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer
    .

    they are not required to provide any more detail than the original creditor, the current creditor, and the amount of the debt.

    and realize that a lawsuit win will result in the grand total of $1000, at most (and reasonable attorney's fees).

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