Harassing calls Suddenly

iVillage Member
Registered: 05-26-2003
Harassing calls Suddenly
5
Mon, 06-02-2003 - 11:17am
Hello Everyone and happy monday to you!

I have a quick question about something that is happening with one of my credit cards.

Ok, as I mentioned when I joined. I have debt, fell behind and have made all the arrangements to get back on track and have stuck with them all.

Ok, One of my credit cards that I agreed to make a 35 dollar a week payment too and have for three weeks began to call me over 5 times a day in the recent days. They are making demands for more money and in faster sequences. When I told them of my arrangements and how I have stuck with them the CSR just said " look, when you are behind and owe us then we can call you as many times as we want and demand what ever we want."

I am pretty outraged at this since it seems totally unfair. I could understand if I was not paying them but this just seems like they are trying to use scare tactics on me.

Anyone had something like this happen? What can I do?

iVillage Member
Registered: 03-31-2003
Mon, 06-02-2003 - 12:14pm
I would just keep asking for supervisor after supervisor until you get to someone with some clout who can put an end to the calls since you've already made arrangements. Also, getting names and keeping notes of who you spoke with, on what date, at what time (since the calls are coming in fast and furious), and the main points of conversation could help.

Good luck!

Lee Ann

www.werenotafraid.com

iVillage Member
Registered: 06-02-2003
Mon, 06-02-2003 - 1:03pm
Hi, this is vague because I don't know all the specifics but I know there are rules

about collecting debt. They are by law (I believe) only allowed to do certain things.

I would first check out the laws in your particular state and you can go to your

state's homepage or its attorney general's page where there is help for different issues

and check under this issue. There are rules and laws and they are not allowed to just

do anything they want. You can also report them to the attorney general's office of

the state involved or the better business bureau or some such place if they do not

cooperate.

You would be surprised at the number of people who are not aware of the laws concerning

and limiting them, for example, landlords, and it helps to be informed of your legal

rights.

Oh yes, it often helps to call and ask for the manager or supervisor of the company

which you own money....instead of trying to deal with whatever employee is giving you

a hard time. Normally managers and supervisors are better to deal with and also

you can hopefully get somewhere, if not, try remedies above.

Best wishes, Joyfillsme

Also check out the legal web pages....usually law pages have coverage of this issue

and it needs to be state specific. You can use a general search engine, for example,

googles.com, and type in "laws regarding credit collections in PA" or whatever the

state.

iVillage Member
Registered: 02-14-2003
Mon, 06-02-2003 - 1:17pm
These are good suggestions, but only apply to third-party collectors. The original creditor can do almost anything short of threats of violence to collect what is due them. Making repayment arrangements when you fall behind is the absolute best thing to do. But, the creditor can still call as often as it deems necessary until the account is current with the terms of the original contract. :o)

Ms Joe

Ms Joe
CM Ms Joe Cool
Senior Community Moderator
moneylifecm@mail

iVillage Member
Registered: 05-09-2003
Wed, 06-04-2003 - 2:19pm
You should go to the FTC Website and find out your rights. I believe it's www.ftc.gov, but for now here is a passage from there on harassment.

§ 806. Harassment or abuse

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) 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.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

Also, my wife works for a payday advance location. She received a letter from someone who was deliquent on a debt with her store stating that there was to be no contact between the business and the debtor again whatsoever. She called a lawyer and the court to see what her next course of action was. She was adviced that there wasn't anything she could do, no contact meant no contact. She said, fine, she would proceed with legal measures, the court again told her, no contact included legal measures as well. She asked why if that was true, did people file bankruptcy, and she was told to re-establish credit. Just some info for you, good luck.

Avatar for cl_phocid
iVillage Member
Registered: 03-26-2003
Wed, 06-04-2003 - 7:21pm
I'm pretty sure the FTC guidelines are for 3rd party collectors. Since she is being called by the original creditor, the FTC guidelines do not apply.

Danni

All my best,
Danni