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How to Resolve a Complaint with a Debt Collector

A call from a debt collector can be one of the most distressing calls you’ll ever take. It can happen to almost anyone. When a job disappears, or unavoidable expenses sink the family budget, it’s easy to fall behind with your payments and end up in collections. What do you do?

This How-to offers tips for navigating the rough and unfamiliar terrain of the collection process, and shows where PeopleClaim's online dispute resolution system can help you fight back, assert your rights, expose collection abuses, and turn one-sided demands under pressure into a negotiation that may substantially reduce what you have to pay to settle the debt.

First: Understand what’s happening

If you’re called by a third-party collection agency, your original creditor may be entirely out of the picture—they’ve sold your delinquent receivable to the collection company. Or they still have you on their books but have farmed out your debt to the agency, “consignment-style.” In either case the agency’s profit depends on getting from you what the original creditor could not. They’re highly motivated. And you’re automatically at a disadvantage.

Suddenly you’re talking with a “collections professional”—someone who’s been trained to understand debtor vulnerabilities and who knows which buttons to push to get the money. He or she is on commission; for extra incentive there’s a carrot dangling in the form of a five-figure monthly bonus for top performers. These folks are going to be a lot tougher than the bank, or the store, or the hospital was—and a lot more persistent. In fact, you’re going to be squeezed every way that’s legal, and possibly some that aren’t. (A look at the provisions of the federal law on debt collection, described below, gives an idea what you can encounter.)

Next step: Know your rights.

The federal Fair Debt Collection Practices Act (FDCPA) gives you legal rights vis-a-vis unreasonable, deceptive, and abusive collection practices. It’s jointly enforced by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).

  • Law applies to: third-party collection agencies (not original creditors); other companies that purchase discounted consumer debt for further collection/recovery efforts; certain lawyers whose practice includes ongoing debt collection activities.
  • Law covers: personal debt, including credit cards, auto loans, mortgages, medical bills, student loans, and others. It does not apply to business debt.

Specifically, the FDCPA prohibits the following:

  • Phone calls before 8 AM or after 9 PM (unless you agree to receive them); phone calls to your place of work—provided you tell the collector you’re not allowed to take the call at work.
  • Contacting you against your wishes. If you’ve told them in writing not to contact you, the collector, after receipt of your demand, is prohibited from further contact—except a) to confirm there will be no further contact, or b) to advise you of a specific action against you such as a lawsuit. Important: Keep a copy of your letter requesting no contact, and always get delivery confirmation (Certified or return receipt) when sending a no-contact letter.
  • Continuing contact after you’ve told them the debt has been paid, or have asked for verification of the amount they say you owe. You must tell them in writing that the debt has been paid (or that you dispute the amount) within 30 days after you receive the collector’s validation notice, which is a written statement of how much you owe. (Again, keep a copy of your letter and get delivery confirmation.)
  • Contacting you personally if an attorney represents you.Once a debt collector has been told that you are represented by a lawyer, further attempts to reach you must stop—unless your lawyer does not respond to their communications.
  • Contacting third parties for any purpose other than obtaining your location.
  • Failing to protect your privacy if contacting third parties to obtain your location. This extends to such things as letterhead sent to a third party that would identify the sender as a debt collector, sending postcards rather than sealed correspondence, or volunteering the name of the debt collection company if speaking with a third party.
  • False representations. To you: Using a fake company name; posing as a law firm, a government agency, or a credit reporting agency (including using printed materials that resemble official documents); alleging printed materials they send you are legal documents if they are not (and vice versa); alleging that you have committed a crime; misrepresenting the amount you owe. To others: making false representations of any kind in attempting to gain information about you or collect a debt; giving false credit info to third parties, including credit reporting agencies
  • Threats. Threats of violence or harm; threats of arrest; threats to garnish wages or seize property (unless state law allows this); threats of legal action if state law prohibits it or if they don’t mean to pursue it.
  • Use of profanity. Obscene or other abusive language (including racial slurs) in attempting to collect a debt are violations of the law.
  • Unfair practices. Depositing your post-dated check ahead of schedule; adding other fees and charges to the amount due—unless allowed in your contract to the creditor or by law in your state.

That’s a very brief summary of what’s covered by the FDCPA. You’ll gain valuable knowledge and peace of mind by reading the full provisions of the Fair Debt Collection Practices Act.

Supplementing this, the Consumer Financial Protection Bureau (CFPB) is taking steps under the Dodd-Frank Act of 2010 to extend protection to include collection activities of originating creditors, not just third-party collectors. Like the FDCPA they’re taking aim at unfair, deceptive, or abusive acts or practices, which they call “UDAAPs.” Learn more here.

In addition, your state may have debt collection laws that augment the provisions of the FDCPA. State law, for example, may already extend your rights to cover collections by original creditors. State laws do not negate or reduce rights guaranteed under the Fair Debt Collection Practices Act. Contact your state attorney general’s office for specifics.

Note: Even though certain debt collection practices are illegal, don’t assume you won’t run into them. The players in this business are naturally aggressive and step over the line frequently. So if you’re involved in the collections process it’s important to know when the collector has broken the law. If you know, it gives you leverage; if you don’t, you’ll be under additional stress and at a disadvantage.

Your grounds for dispute:

There are two basic areas of dispute with a debt collector:

  • Is the amount in question accurate? If you can prove that it isn’t (or that you don’t owe it) the collector will need to revise his demand or go away. But—whatever amount you do owe, you will need to pay, or reach a negotiated settlement. Or run the risk of getting sued.
  • Do the collector’s methods violate the law? If they overstep the FDCPA or state law the debt collector can be sued—by the FTC and/or your state attorney general and/or you. But again, transgressions by the debt collector do not erase the debt.

So stay focused on these two topics. Everything else is beside the point. Contrary to what many debtors hope, personal economic hardship becomes a non-issue when you’re placed in collections. It won’t get you off the hook and it won’t buy an ounce of sympathy. The collectors have heard it all. They’ve even got a code name for it: “HLS,” hard luck story. They don’t care.

PeopleClaim can help

In either case, filing a claim against a debt collector through PeopleClaim can be a powerful tool. Below we show you how to use the system when you’re in collections, but first read the following 11 tips for dealing with debt collectors. They’ll help you prepare a claim that will hit the right points, avoid pitfalls, and send the collection agency strong signals to handle your case with care.

11 Tips for dealing with Debt Collectors

  • Don’t Panic. Debt collectors play on your emotions, primarily fear. They’re counting on catching you off guard, and they want you in a state of panic so you’ll find a way to cough up the money to get relief. Stay calm; you have better options than they’ll present to you. Don’t engage with them in Q & A. They’ve practiced conversation scenarios designed to get commitment from you. Debt experts recommend saying very little. (Actually, apart from your mailing address you don’t need to tell them anything.) The only essential is to request validation of the debt, per Tip 2 below, and to get their name and contact information. Be polite but firm. End the conversation as quickly as possible; if necessary, by hanging up.
  • Request validation. The phone rings. A stranger gives you his name and says you owe money and have to pay—now. You don’t know who he is, you’ve never heard of his company. Requesting validation of the debt is your crucial first step. (Make sure you follow up in writing.) The collection agency must comply, confirming in writing the amount owed and verifying their authority to collect. Collection attempts must cease until you receive this validation. When the document arrives examine it carefully. Maybe you don’t owe the amount in question. Or maybe it’s an old debt that’s “time-barred,” which means the collector is over a barrel in terms of legal recourse. Many collection companies make a profit buying and collecting stale or other “junk debt”—in part because debtors fail to demand validation before agreeing to terms.
  • Never take a collector’s advice on “where to get the money.” Debt collectors’ suggestions are not in your best interest. According to one undercover journalist working for a large collection agency, “We suggest that they take money out of their IRA, drain their home equity with a second mortgage, load up a different credit card or even skip a mortgage payment.” Enough said.
  • Take Notes. Write down the date and time of the call, the name of the caller and his agency, the alleged amount of the debt, and anything said that may violate the FDCPA. Save voicemail messages. Some debt specialists advise recording phone conversations. “Just a moment while I turn on my recorder” can help encourage FDCPA-acceptable behavior, and an audio recording will give you more information than written notes. Before going this route find out if state law requires you to tell the other party up front that you will be recording the conversation. Check state recording requirements here.
  • Communicate by mail. And always get proof of delivery. Don’t rely on the phone or email for your communications with a collection agency. Anything important you’ve said over the phone or in an email message, also put in hardcopy and send by mail. Send a letter for any of the prescribed FDCPA steps: to request validation of the debt; to inform the collection agency the debt was paid; to tell them you’re not allowed to take calls at work; to request no further contact; or for anything else you want on record.
  • Negotiate.. A strongly-worded demand for payment in full is a debt collector’s way of putting his best foot forward. But chances are he’ll settle for less. You’re dealing with a company that bought your receivable for cents on the dollar. (Or, if they don’t own your debt, their contract with your original creditor gives them plenty of room to maneuver.) Debt specialists, including former collectors, say you may be able to cut the bill by 50% or more, if you start with a low offer. And disregard the “now-or-never” deadline attached to a collector’s counteroffer. It’s a ruse to speed things up and recover more of the debt. Hang in there: experience shows that the first settlement offer from a debt collector tends to be followed by others, and that the offers are likely to improve over time.
  • Know the statute of limitations on old debt. Debts of a certain age (generally 4-6 years) are “time-barred” from debt collectors’ lawsuits. Most people don’t know this, and debt collectors take advantage of it. For the statute of limitations in your state, refer to this chart; get more detail by contacting your attorney general’s office. The statute doesn’t mean you’re free of the debt, but it prevents the collector from taking you to court to get a judgment. Be careful: depending on the rules in your state, any payment you make on an old debt may nullify the statute of limitations, making the balance “new” again and collectible by lawsuit.
  • Be careful how you pay. If you’ve agreed to pay a debt collector, use a method that gives you proof of payment, but does not reveal your bank or account number. A money order or third-party payer (e.g., PayPal) is advised by some debt specialists. Stay in control: debt collectors will push for auto-pay arrangements, where you authorize automatic debits to your bank account, but don’t be talked into it. There’s no gain for you, and potential for abuse.
  • Never give a debt collector personal information. Don’t answer questions about your income, assets, expenses or liabilities. You’re not required to. And don’t let your guard down at the settlement step. Once you’ve agreed to settle, you’ll typically be asked to complete a “settlement application.” This is handled matter-of-factly, as if it’s standard procedure and essential to settlement. It isn’t. It’s a device to secure additional info, such as bank account numbers, social security number, employer name, work phone, spouse’s cell phone, and so forth. This information will be used for re-contact and future recovery action if the settlement isn’t fulfilled. Don’t participate.
  • Protect your Social Security or Disability funds. Keep Social Security or Disability deposits in a dedicated (separate) bank account. Money from this income is off-limits to debt collection lawsuits—as long as it’s identifiable. Mingle your Social Security money with other funds and you’ll lose it if the debt collector obtains a court judgment allowing seizure.
  • Don’t get scammed. As collections activity has boomed during the recession, so have scams offering relief. Don’t jump at ads for “credit doctors” or debt consolidators. Their services are often fraudulent, or high-priced, or both. Investigate: there are plenty of legitimate third-party agencies that provide interventions with creditors to negotiate manageable payment plans—at no charge or low charge. To find a qualified debt counselor in your area try the National Foundation for Credit Counseling; or The Association of Independent Consumer Credit Counseling Agencies

5 ways PeopleClaim can help you manage the debt collection experience

  • Use Peopleclaim as a buffer. Suppose you want to stop a collector’s intrusive phone calls, but still want to maintain communication to negotiate a settlement. You can invoke your FDCPA rights and stop the phone calls, then file a PeopleClaim against the agency. This gives you a neutral online channel where everything said is on record and documented. Choose the certified mail option when sending your claim to assure delivery and confirmation.
  • Use PeopleClaim to get their attention. Among PeopleClaim’s options is the ability to post your complaint online for public review and comment. (Your name and location are not shown.) You can also have it sent to regulators and watchdogs. Debt collectors don’t want to be in the spotlight, or to trigger an investigation by the FTC, the CFPB, or an attorney general. To a debt collector, a claim that will post publicly and is marked for forwarding to regulators has “danger” written all over it. If they’re smart they’ll handle your case carefully.
  • Use PeopleClaim to dispute a bill. If they’re dunning you for the wrong amount, put that in your complaint. Choose the certified mail option and they will have your verification request in writing (per the FDCPA requirement), which means they must cease communication with you until the amount in question has been checked and proven.
  • Use PeopleClaim to negotiate a settlement. PeopleClaim’s online negotiation channel allows offers and counteroffers, messaging, adding documents and exhibits—everything you’ll need to come out with a favorable settlement—without being pressured for decisions “right now” over the phone.
  • Use PeopleClaim to document violations of the FDCPA. . If you’ve experienced treatment prohibited by the Fair Debt Collection Practices Act, filing a PeopleClaim and citing the specific abuses is a good way to document it. (You can enter dates and incidents in any order and the PeopleClaim system will create a timeline for you.) Such a claim shows the collection company you know your rights and that the agency is vulnerable to prosecution. Remember, the debt they’re trying to collect doesn’t go away if they’ve broken the law, but the violations you’ve documented can affect how they handle your situation.

Looking ahead.

Though dealing with debt collectors is not pleasant, there’s no reason to end up a harassed victim. By knowing what to expect, understanding your rights, following the advice of consumer debt professionals, and taking advantage of the PeopleClaim online negotiation and resolution tools, you can become an active shaper of an outcome that will pave a faster and smoother way to financial recovery.

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