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If you're being called incessantly by debt collectors, you can always use the "cease and desist letters", but in the short term, a great tool that we have found effective is to simply ask the collector if they mind if you record the call.
This does several things, including, but not limited to....
1) Let's them know you are aware of your rights.
2) Typically keeps them from being "too" rude or argumentative.
3) Generally keeps them from calling again...
This industry is based on "numbers"... The more calls they make, the more commissions they make. They have little interest in wasting much time on someone that they know they can't bully or scam...![/i]
Some are on autimatic dialers so it doesn't keep them from calling you back. They would actually have to remove your number from the system. I have been going through this for almost a year now and have tried the above tip and a few of my own. Getting calls on someone elses debt is never any fun. Even when you tell them that you just moved to the area and were given this phone number. Most do not believe you and you have to threaten to get them to stop. I have found they just sell the couples debt and then a new set of collectors start calling...approx..every three months.
You should never send a cease and desist letter to the creditor at the first stage because if you send such letter, the creditor will move the account to legal status and there is a chance for you to get sued. So you should never send C and D letter before you are sure that you do not owe the debt to the creditor. For this, you can first send a debt validation letter to the creditor by certified mail and wait for 30 days for their response. If they can validate the debt within this time period, then try to repay off the debt else you can send a Cease and Desist letter.
Also...
You can include in your validation letter, a request that they no longer call you, but instead limit communication with you to mail.
It really doesn't matter what I do they still call for the couple who had the number. When I do finally get one to stop calling they just sell it and like I said it starts all over...I am too stubborn to change my number..It would have to be changed at soo many places I could only imagine forgetting to inform someone of importance that I had to change my number..and I sure do not want to say it was because of collectors for someone elses debts..that would not sound good. I also agree with Justin. I would never send a cease and desist before the SOL on a debt was up. I haven't been down that road but it would make sense that by doing this it may prompt them to begin legal action.
Hi Doc
As far as I know, there is not use sending letters with the debt validation letter asking them not to disturb you over phone. Instead if you find that they did not validate the debt within 30 days of receipt of your debt validation letter, you can directly send them the cease and desist letter which will stop them from calling you. You can find a sample cease and desist letter in this forum itself if you visit the link: letters of credit
We send THOUSANDS of validation letters out each month, and EVERY SINGLE ONE contains a request that there be no calls... There are a handful of rogue companies that will still call once in a while, but that's when we turn them over to consumer law attorney friends of ours that will sue them for a few thousand dollars for violating that request...
In terms of the effectiveness of our letters... Have a look for yourself...
http://www.omegacreditrepair.com/ocracsexamples.html
How successsful are these consumer law atty friends in getting the companies to pay thousands of dollars for violating the fair debt collection law? Who sees the money fro what they pay. I would imagine the atty who filed the suit would but does the person who's rights were violated see anything from the law suit?
They are very successful... The cases are taken on a 50/50 contingency, meaning that the client and the atty split the proceeds down the middle. Cases typically settle, as the expense associated with defending the cases is too great to make it worthwhile for the collection agency. The only up-front fee is the filing fee, which is usually about $200... Proceeds vary widely, depending on the nature of the infraction/violation.
I am really glad to hear this. I think if more people would file suit against these junk debt collectors maybe they would use better tatics in collecting a debt. People or collectors tend to think that people do not want to pay. If they would sit down and talk with the debtor instead of harassing them and asking for payments the person couldn't afford to make then they may get somewhere. I think the filing fee and the atty getting half is a fair deal. It would take someone with lots of knowhow to sue a creditor or junk collector.
C and D letter - what now?
Back in April I asked NARS, a CA, to see me a letter about the bill they say I owe. They said sending a letter costs money, and that they already sent one, but they would send one. I never got it. I am pretty sure I owe the debt. I don't have the money to pay the bill right now. I told them this. They keep calling my parents and bothering them so I sent a C and D letter. I am not sure what this is going to do to me. But I have asked them several times not to call my parents house yet they continue to do so. What can I expect now?
debt validation
Hi Kafi,
Can I know whether or not you send a debt validation letter to the collection agency? If not, you should immediately send them one through certified mail, requesting a return receipt. The colection agency will not be able to continue with their collection process until they validates the debt. You are not supposed to send any cease and desist letter to the agency as you owe the debt.
However, they can't call your parents for debt incurred by you. This is violation of Fair Debt Collections Practices Act. You can file a complaint with the Federal Trade Commission about this.
Thanks,
Aaron
credit
I've known people (who really 'keep up' on their Credit, etc) and have called the FTC and filed complaints. However..(from what I hear) the FTC has done anything (as of yet) to solve the problem. The complaints were made a few months ago. Do you have to give the FTC a certain amount of time to respond?
FTC
The Federal Trade Commission takes at least 45 days to investigate a complaint but it may vary according to the complaint in question.:(
credit
Thanks for the reply. That seems like such a long time, to investigate a complaint!!
debt validation
Aaron,
It's Kafi, I forgot to login when I postd last. No I didn't send a DV letter. I called and asked for one, though. My intend was to get them to stop bothering my parents. They can call me all day long.