Friday, January 7, 2011

The laws of perception and You

Ever wondered how Collection Agency laws actually affect the way in which debt collection agencies to carry out their activities? I, as I recently contacted by a collection agency regarding a debt supposedly owed. And here's the really bad - I have nothing because I was a victim of identity theft. It's funny, but I never bothered or worried about the right of recovery, since my credit card was always good, if notperfect. Come into my nightmare.

Not only do I have to do with the great process of filling reports with the state attorney general, local authorities and credit bureaus, but I had to do with this persistent collection agency. Unfortunately, as I soon discovered, there are many times when an unscrupulous debt collector try to circumvent the law to collect a debt that you may or may not do so. Fortunately for people like you and meThere are laws in place to help protect us.

In all honesty, the collection agency has just given my account of late (in fact, represent approximately bastard foreigners), and were just doing their job. I totally understand what they were doing, but even after I explained my situation to those still sending me letters and calling me all hours of the day. They informed me that I have to send some sort of proof that the account was not me and Iwas, in fact, a victim of identity fraud. What a complete hassle and time it was - and is fodder for a completely different article.

As I continued the search for Fair Debt Collection Practices Act (FDCPA), a part of the Consumer Credit Protection Act, a U.S. statute that protects consumers from unfair and abusive practices in connection with the collection of a debt, I quickly realized thatThis particular collection agency, violating many laws as determined by the above. The Fair Credit Reporting Act (FCRA) goes hand in hand with the FDCPA, and I suggest that you as a consumer to read the aforementioned law. Just go online like I did and search using keywords. You'll find lots of good articles and information on the subject.

For example, did you know that the FDCPA has issued guidelines thatdebt collectors to pursue their activities? That's right. Some of these "rules" are the hours you can be contacted, trying to reach you while you are at your workplace, misrepresentation or deception to publish your name in "bad debt" list, and so on.

Here are some examples of what this particular collection agency was doing to me, and the way they were in violation of the law:

1. They called me before and after the appointedhours defined by law. Can only during reasonable hours. Once I got a call at 6.15 am. On a Sunday!

2. Were in the habit of calling my workplace. They can not do this if you tell them to stop.

3. Individuals who represent their company were threatening me with wage garnishment and bank withdrawal. No! You can do this only if the original creditor had won a case against me. And in some states, these procedures are notpermission.

4. They said they would discuss the situation with my boss. They can not talk about the debt to the people who have nothing to do with them.

5. They called my family and did everything possible to leverage their information. You can call and try to find my physical place, but can not say they are collecting a debt.

This is not an exhaustive list by any means. As I continued searching for more, found themviolation of five of the above methods of the collection. Mi-non for legal advice if you find a debt situation as I have done, is playing hard. Be strong, but firm, document or record of everything, and informs them that are in direct violation of the right to harvest and may be prosecuted for his constant harassment.

There are plenty of hungry lawyers out there that love to sue the collection agencies whore in violation of the law. Contact aattorney or the Federal Trade Commission (which requires FDCPA), and take action against those who violate the law. Life is too short to have to endure this kind of fun.

1 comment:

  1. Debt collection , in contemporary America, is not just a need.It is also the art of debt collection restructuring, negotiation and resolution of the bad acounts.Collection agencies need to a bit more professional in debt collections, especially when they are the partenrs of what we call 'image' in the commercial market.

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