Help! They called my MIL
Find a Conversation
| Tue, 11-16-2004 - 7:27pm |
I'm not sure if this is where I post this or not. I'm confused about where to post what.
We have been struggling for 4 years. Since my son was born with major disabilities and then my husband was laid off... 3 times. We have finally been able to see a little bit of light at the end of the tunnel. I went back to work part time in June. We just completely paid off dh Sears at $3300 which was in major collections. We were fortunate in that we got SSI back payment. We have 4 CC's which are able to make monthly payments on, all of which are closed. And then I have a "lost" CC which basically I completely lost track of.
Well, they found my MIL. We're in a fairly small community and we're related to everybody so I suppose they just went down the list in the phone book. So how do I stop them from calling my MIL and how do I take care of this? I'm scared to talk to them b/c I know they want the whole thing which is about $2500. If we scrape the barrel dry we can come up w/ about $800. But that would put us back at almost a $0 balance. The agency is NCO.
Thank you,
Laura

Laura-
I don't know whether they can actually contact your MIL, but if she was listed as a contact on your account, maybe so.
Do you have a written budget showing where your money is going every month? Don't be afraid to talk to them-just know that they are not your friend, lol! If you can show that you are willing to pay, but that you can only afford to pay $X per month right now, that would be better than nothing. Will they yell and scream? Yep, unfortunately, they will. But, you have to take care of the basics first. If you don't, you'll end up digging a bigger hole (speaking from hard experience here).
If you can get these through your library, these books have excellent sections on what to do with the creditors, and how to work with them.
*How to Get Out of Debt, Stay Out of Debt, and Live Prosperously by Jerrold Mundis and
*Financial Peace Revisited by Dave Ramsey.
Both of these authors have been in tight situations, and the advice and wisdom they share is valuable.
Good luck to you-hang in there.
Lisa
This article from Bankrate.com talks about what collection agencies can & cannot do. NCO is a notorious down & dirty collection agency. I would conduct all my business with them strictly in writing but if you feel you must call them make them confirm any agreements in writing prior to sending payment, send no post dated checks EVER, and never let them bully you into payment arrangements you can't afford. Best of luck.
Katarina
Your rights under the Fair Debt Collection Practices Act
By Lucy Lazarony • Bankrate.com
The Fair Debt Collection Practices Act was passed in 1977 to protect consumers from abusive debt collectors. Here's a closer look at the rules a third-party debt collector must follow when collecting a debt.
Contacting a debtor. A collector may contact you in person, by mail, telephone, telegram or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.
Contacting a third party about your debt. If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people but only to find out where you live, what your phone number is and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
Giving written notice. Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe, the name of the creditor to whom you owe the money and what action to take if you believe you do not owe the money.
When a consumer doesn't owe the money. A collector may not contact you if within 30 days after you receive the written notice you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
No harassment.
Debt collectors may not harass, oppress or abuse you or any third party they contact.
Debt collectors may not:
Threaten violence or harm.
Use obscene or profane language.
Repeatedly use the telephone to annoy someone.
No lying.
Debt collectors may not use any false or misleading statements when collecting a debt.
Debt collectors may not:
Falsely imply that they are attorneys or government representatives.
Falsely imply that you have committed a crime.
Falsely represent that they operate or work for a credit bureau.
Misrepresent the amount of your debt.
Give false credit information about you to anyone, including a credit bureau.
Send you anything that looks like an official document from a court or government agency when it is not.
Use a false name.
Debt collectors may not state that:
You will be arrested if you do not pay your debt.
They will seize, garnish, attach or sell your property or wages unless the collection agency or creditor intends to do so and it is legal to do so.
Actions, such as a lawsuit, will be taken against you when such action legally may not be taken or when they do not intend to take such action.
Looking for a better credit card? Check rates in your area.
No unfair practices.
A debt collector may not engage in unfair practices when they try to collect a debt from you.
Debt collectors may not:
Collect any amount greater than your debt, unless your state law permits such a charge.
Deposit a postdated check prematurely.
Use deception to make you accept collect calls or pay for telegrams.
Take or threaten to take your property unless this can be done legally.
Source: Fair Debt Collection, a brochure for consumers from the Federal Trade Commission.
-- Updated: April 14, 2004
Some companies have no cooth!