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homebrew
Unregistered User
(6/19/06 3:36 pm) Reply
How Do You Put Up With It
I have one original creditor, down from several, who calls numerous times daily. I have tried to work out a settlement but they say they cannot as it is against the law, their rules, whatever is convenient for them at the time. How do you ever get to the point of them sending it to a CA where you can have the calls stopped? It is driving me crazy and it is no good talking to them as they say I must pay some amount I cannot afford. Don't misunderstand, I would rather pay it but they simply will not work with me on this.
Thanks
Bookworm Registered Member
Posts: 500
(6/21/06 10:03 pm) Reply
Re: How Do You Put Up With It
Dear Homebrew,
You don't have to put up with the continual calls. While it might be easier to negotiate with a CA, there are still things to do even with the OC. Send them a letter notifying them that telephone calls are inconvenient and that, as is your right under the law, you are demanding that all further communications be via U.S. Mail ONLY.
Send this certified, return receipt and keep a copy of the letter for yourself. Once you receive that little green card back, the calls should stop.
In the meantime, if you have caller ID, just don't answer when they call. Or, you can let the answering machine screen the calls for you.
How long has it been since you last made a payment to this company? What company is it? There is nothing that can't be negotiated. It's just that these greedy creeps don't want to. Fill us in on the details and we'll help you work out a plan of attack!
Ginny
homebrew
Unregistered User
(6/22/06 3:28 pm) Reply
Reply
The card is Discover and I was recently on a 6 month pay plan with them. The 6 months was over last month so I made a payment by phone that was not processed and I lost the confirmation number. The calls have started again. I want to offer them a set amount each month and ask them to stop late payments and set interest to 0. Basically just pay remainder. I offered this once before but I was told this was illegal and they could not do it, thanks to this board, I know better now. I am not in the position to pay off even 50% at once so I need payments. Approximate debt is $6500. I will send letter to ask not to call as this upsets the household.
Any help is appreciated.
hb
Bookworm Registered Member
Posts: 505
(6/22/06 10:43 pm) Reply
Reply
I'm getting an uneasy feeling about Discover. You paid a 6 month program they set up and they're still trying to collect and making the calls?
Enlighten me, please, on this program that was set up. Something just seems a bit fishy to me.
Never arrange to make a payment via phone because this give them the number of your bank account which they could then tap into whenever they wanted. Get all agreements in writing.
You can write a letter offering payments (you decide what YOU can afford to do comfortably) to Discover that you will send every month provided they (1) eliminate all late and over limit fees and eliminate the interest charges so that you can pay the account off and (2) that the negative marks on your credit report be changed to positives or neutrals.
They may not agree with the latter but you want the letter to indicate a firm desire to clear up this account for the mutual benefit of you and Discover. Don't send them a dime until you have some sort of mutually acceptable agreement in place. Keep copies of all communications and send them out via certified, return receipt mail.
After this is all cleared up, avoid Discover like the plague! Check the arrangements on any credit card application and, if it says "two cycle" billing, run it through the shredder. That type of billing arrangement costs you more money than any other.
Wishing you success!
Ginny
tonycat Registered Member
Posts: 6
(8/9/06 3:43 pm) Reply
Telling creditor to stop calling
I did not know you could tell the ORIGINAL CREDITOR to stop calling, by putting it in writing/sending it by certified mail, return receipt requested. I had read in this forum that you could do that for the Collection Agency, just want to confirm it is doable with the ORIGINAL CREDITOR. We get calls 3 times a day sometimes from Home Depot, we DO owe them and want to pay, but we really need our credit score to go up and we have been trying to negotiate with them to pay them in full for deletion of the account from the credit report. It is a small amount, $ 300 + and we could pay it in full at one time. We are getting nowhere with them. Would putting our request in writing to them work do you think? We have asked for a supervisor on the phone, the collector never has one available etc.
Broke Chick Registered Member
Posts: 39
(10/20/06 8:02 pm) Reply
Re: Telling creditor to stop calling
No,it would not help to try to stop an OC from calling by writing them and telling them not to. Not under Federal Law,anyway; some state consumer analogues to the FDCPA do apply to OCs.
In other words, absent State Law to the contrary, the OC can do almost anything within the law to collect! The FDCPA only applies to third-party agencies.
With ONE exception:
FDCPA, sec. 803(8 ):
Quote:(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.
If they use a name that makes the "least sophisticated consumer" think that the collector is from a "third-party" agency, and they fail to tell one otherwise, then the FDCPA does apply!
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