Help! They called my MIL

iVillage Member
Registered: 07-21-2003
Help! They called my MIL
6
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

iVillage Member
Registered: 05-30-2003
Wed, 11-17-2004 - 12:20am

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

iVillage Member
Registered: 03-16-1999
Wed, 11-17-2004 - 5:49am
I would call the company. Explain that you do not live with the person they have been calling and that you want you account noted with that fact as well as the instruction to cease calling family members. Take the person's name and indicate that you are holding them responsible for the entry of the information. I would also ask for the number that you may call to confirm that the system has been updated. I would then ask for the supervisor. I would go through the same routine with that person except you can step up the heat a little on it. I do not believe in beating up customer service operators since in many cases they have no control over anything and even less leaway in their actions. With the supervisor... take the name, impress upon them that you have not only counting on them to clear the thing up, but you are holding them responsible. Get the name of their supervisor and explain that you are confident that the person you are talking to will handle the situation but... if they do not you must know who it is you will need to contact since this is a very important matter. They probably will not give you that bit or information but it will show you are serious and you will have their information for the next call should it need to be made. I have found that it is important ti then sort of journel the thing. I used a blank sheet of paper where I wrote all of the company info and began noting the date and time of the call, who I spoke to, what I said (fairly detailed) and what the person/people said. That way if I am calling to follow up or I need to call again I have my facts straight. Many times companies will have the information on the computer but will not let on. Your ability to recall the details of any conversation will increase you ad advantage in the situation. You must be able to recall those facts acuratly which is the reason the journel is invaluable. Good luck
iVillage Member
Registered: 11-01-2004
Wed, 11-17-2004 - 7:53am
Oh that is tough I had someone call my neighbor once as well as my MIL..now that is embarressing!
iVillage Member
Registered: 02-19-2004
Wed, 11-17-2004 - 10:02am
Instruct your MIL to tell them (if they call again) that you do not live there and she will not take messages for you. I assume they left there number. Call and get their address. Write them a letter that they may only contact you by mail, not by phone and provide your address, and send it to them certified mail. Make an offer in writing that is only what you can pay... say $xx per month... but do not leave yourself with zero cushion in your account.

Photobucket

iVillage Member
Registered: 06-17-2003
Wed, 11-17-2004 - 2:25pm

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

iVillage Member
Registered: 11-01-2004
Wed, 11-17-2004 - 2:44pm
Just an FYI I had a company actually call my neighbor leaving a message to give to me to call them - "critical mattter"....they probably looked up my address and found someone on the same street. Good thing it was a mother of a good friend of mine!
Some companies have no cooth!