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  1. #1

    Exclamation Harassment by Debt Collection Agency

    My question involves collection proceedings in the State of: MA

    My boyfriend received a phone call from a company called Nelson Watson and Associates demanding payment for a Capitol One debt of $1200. We advised them that we do want to take care of the debt, but due to financial constraints and the fact that I am pregnant and completely dependent on my boyfriend for financial support, we could only afford to pay $50.00 a month until we got his tax return back, and then we would repay the balance in full. They refused, and countered with three other options - all of which were impossible in our situation, a concern we relayed to the representative. They told us that to avoid "legal action" they needed a payment by that Friday. We were scared and felt cornered, so I gave them my bank account number and routing number so they could take money out that Friday. I then decided to research them and found out they have a shady reputation and a C- rating with the BBB. After finding this out and reading incidents that happened to other people, I closed the account before they could take out the funds - fearing that they would overdraw my account, incurring overdraft fees for me. Is there anything we can do to settle this in a way that won't force us to file for bankruptcy? Is the harassment we received to solicit the post-dated check legal? Am I liable for NSF charges by them?

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Harassment by Debt Collection Agency

    No, that is not legal. What you need to do is get their address and send a dispute immediately. by certiofied mail with delivery confirmation (preferably return receipt requested). They have already broken Federal Law by soliciting a post dated check, and probably by threatening legal action they cannot or will not take. The applicable laws:

    § 807. False or misleading representations [15 USC 1962e]

    A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

    <snip>

    (2) The false representation of --

    (A) the character, amount, or legal status of any debt; or


    <snip>

    (5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

    <snip>

    (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

    <snip>

    § 808. Unfair practices [15 USC 1692f]

    A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

    <snip>

    (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

    (4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

    <snip>

    § 809. Validation of debts [15 USC 1692g]

    (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

    (1) the amount of the debt;

    (2) the name of the creditor to whom the debt is owed;

    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

    (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

    (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

    (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

  3. #3
    Join Date
    Aug 2009
    Posts
    9

    Default Re: Harassment by Debt Collection Agency

    Prohibited conduct

    The Act prohibits certain types of "abusive and deceptive" conduct when attempting to collect debts, including the following:
    Hours for phone contact: contacting consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time[2]
    Failure to cease communication upon request: communicating with consumers in any way (other than litigation) after receiving written notice that said consumer wishes no further communication or refuses to pay the alleged debt, with certain exceptions, including advising that collection efforts are being terminated or that the collector intends to file a lawsuit or pursue other remedies where permitted[3]
    Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously: with intent to annoy, abuse, or harass any person at the called number.[4]
    Communicating with consumers at their place of employment after having been advised that this is unacceptable or prohibited by the employer[5]
    Contacting consumer known to be represented by an attorney[6]
    Communicating with consumer after request for validation: communicating with the consumer or the pursuing collection efforts by the debt collector after receipt of a consumer's written request for verification of a debt (or for the name and address of the original creditor on a debt) and before the debt collector mails the consumer the requested verification or original creditor's name and address[7]
    Misrepresentation or deceit: misrepresenting the debt or using deception to collect the debt, including a debt collector's misrepresentation that he or she is an attorney or law enforcement officer[8]
    Publishing the consumer's name or address on a "bad debt" list[9]
    Seeking unjustified amounts, which would include demanding any amounts not permitted under an applicable contract or as provided under applicable law[10]
    Threatening arrest or legal action that is either not permitted or not actually contemplated[11]
    Abusive or profane language used in the course of communication related to the debt[12]
    Communication with third parties: revealing or discussing the nature of debts with third parties (other than the consumer's spouse or attorney) or threatening such action[13]
    Contact by embarrassing media, such as communicating with a consumer regarding a debt by post card, or using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business [14][15]
    Reporting false information on a consumer's credit report or threatening to do so in the process of collection[16]


    http://en.wikipedia.org/wiki/Fair_De...ibited_conduct

    check out this site, (wiki - FDCPA - Prohibited Conduct) if they violate them, then report them to the Federal Trade Commision, you could end up getting the company fined or getting some/all of that debt relieved.

  4. #4
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Harassment by Debt Collection Agency

    The FTC almost never does anything.

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