Tuesday 3 July 2012

Other Illegal Debt Collection Practices To Watch Out For


Credit debt collectors are known for their abusive and in some cases, downright illegal collection practices. In this article, we will discuss some of the other illegal debt collection practices you should watch out for.

Unpermitted Calls To Debtors’ Offices

Sometimes, when creditors or debt collectors are running out of ideas how to hound debtors, they go the extra mile to ensure the debtors will get in trouble for their unpaid debt, even going as far as calling their work office despite not having permission to call the place. Know that under the FDCPA, creditors and debt collectors cannot contact the debtor at work of the employer does not permit such calls. To stop a creditor from calling you from your office, tell your creditor to stop calling you from that number and follow up in writing. If the creditor continuously call you despite warnings, it’s best to press charges.

Divulging Confidential Debt Information To Third Parties

Under the FDCPA, debt collectors cannot contact other people and divulge sensitive information about the debtor, including the debt information, to another person. This rule covers families, friends, relatives, employers, colleagues, neighbors, etc. Debt collectors cannot discuss a person’s debt unless that person is a co-signer, spouse or the debtor’s attorney! If a creditor is found to have discussed a debt with another person other than the specified personalities, talk with a consumer debt attorney and file a complaint. Make sure to take a record or evidence of the incident.

Failure to Validate The Debt

Creditors should present documented evidence that will validate the owed money by the debtor when the latter sent a debt validation letter. Creditors are given 30 days to completely validate the debt and they should stop trying to collect the debt within this period. In addition, if the debt has been reported to major credit reporting agencies, the creditor has to report that the debt is being disputed.

Continuous Collection Efforts Despite Sending A Cease and Desist Letter

If you want to make your creditor stop contacting you, all you need to do is to send a Cease and Desist letter. This will allow your creditor to contact you through written correspondence only and when they do, it’s only to notify you of their next action, which is filing a credit card lawsuit most of the time. That said, do not send a Cease and Desist letter when you know you owe the debt and that you are only doing it just so you can continuously ignore the debt. You leave your creditor no other choice but to file a credit card lawsuit against you.

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