Thursday, August 21, 2008

How to Stop Credit Card Collection Phone Calls

Struggling to pay your credit-card debt is difficult enough without being harassed by companies trying to collect money. Fortunately, the Fair Debt Collection Practices Act (FDCPA) protects consumers from collection companies. Arm yourself with knowledge of your rights to stop those annoying phone calls.

Instructions

    1

    Know the law. The Fair Debt Collection Practices Act (FDCPA) governs the ways in which collection companies can contact you, as well as your rights in dealing with collection companies. For example, collection companies cannot call you before 8 a.m. or after 9 p.m. in your time zone. They cannot continuously call you, nor can they call third parties to find you if they already have your contact information. Further, they cannot threaten or harass you or misrepresent themselves, and they cannot call you if you send a letter telling them to stop.

    2

    Start a call log. Whenever you get a call, get the person's name, the company's name, and phone number. If the person on the line refuses to give you information, let him know that you won't talk to him (you are not required to talk to collection companies). If the caller harasses or threatens you, he is violating FDCPA. Keeping good records is paramount to protecting yourself; a call log is proof of what transpired.

    3

    Request proof of the debt. By law, companies seeking to collect money must send you a debt-validation letter within 5 days of contacting you. Request this letter in writing from the collector. Send your request by certified mail with a return receipt. File a copy of the letter and return receipt for your records.

    4

    Verify the debt. The company's validation letter must show proof that it owns the debt, which includes a copy of the contract you signed with the creditor and documentation from the original creditor (if the debt was transferred). If the company fails to show proof, write back (by certified mail) indicating that the company hasn't given proof per FDCPA . Inform the company you will file a lawsuit if it does not cease collection efforts. The collection company cannot legally contact credit bureaus either, if it has not shown you proof of the debt. If the company proved the debt, but you wish to dispute all or part of the amount, you can do so in writing within 30 days. Failure to respond in 30 days will result in the company assuming that the debt is valid.

    5

    Ask for collection requests in writing. If you know you owe the debt, you can still stop calls simply by telling the company to send what it needs in writing. Follow up with a letter telling the company to stop calling (on all phones including those at work). Let the collector know that you know your rights and will take action if the provisions of FDCPA are violated. Communicate by sending a certified letter requesting a return receipt. Keep proof of your request in case the company ignores it.

    6

    Talk to a lawyer. If you have hired a lawyer to help you with your credit issues, refer the credit-card agency to him. At that point, the credit agency must contact the lawyer instead of you. Again, it helps to send the information in writing so you have a record if the agency fails to comply.

0 comments:

Post a Comment