Stumble it!

One thing that is absolutely amazing about debt… there are a large group of people out there who think that because you owe them money – they have a right to harass you as much as they want.

All day, Cindy says that while she’s home the phone rings. Every two hours the phone rings, she checks the incoming ID, and it’s always one of the four debt collectors…two from Dover and two from Nashua.

It was so bad that when I got home Tuesday night after work, Cindy just walked up to me at the door and started crying. She said that the creditors had been calling her a total of ten times throughout the day, one after the other…after a while she had started to feel threatened and scared. I just listened to her and then I hugged her…I told her everything was going to be ok.

Enough is enough. Yesterday, at work, I did some research on the internet during lunch. The first thing I checked was “federal laws about debt collection”. In about 10 minutes, I made one of the best discoveries I could have made! I discovered the federal Fair Debt Collection Practices Act which was passed in 2006. You can view the entire document from the FTC website here:

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

I never knew that this act had been passed! And even better, I discovered that on page 6, the Act makes it illegal for the debt collector to continue communication if they are requested to stop. The act reads as follows:

“CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except –

to advise the consumer that the debt collector’s further efforts are being terminated;
to notify the consumer that the debt collector or creditor may invoke specific remedies which are ordinarily invoked by such debt collector or creditor; or
where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.”
And even better, in the next section, section 806 “Harassment or abuse”, the act lists prohibited acts that the collector is not allowed to do. #5 on the list is:

“Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.”

After finding this document, I realized that it was important to write a letter to the collectors demanding that they stop harassing us through the phone. When I got home after work, I immediately wrote a letter to each of the four companies. For anyone out there reading this who can’t write very well, there are websites that will customize letters for you; I found one of them here: http://www.invisible-inc-writers.com/index.html or here: www.letterrep.com.

I wrote the letter below – and I’ll be sending them out tomorrow. Enough is enough.

***Start Letter**

I am writing today regarding my account with you and your recent bill collection efforts. We have been going through some extremely difficult extenuating circumstances in my life, of which we am only now managing to get a better handle on. We are making some progress in taking back control of our lives and our finances again, so we will very soon be in a position where we can meet all of the financial obligations in time.

However, due to my severely limited financial situation, I need to decide on priorities for repayment of my debts. After my basic necessities such as utilities and food are paid for, I can afford to send in only a very small payment every month. I can not currently afford the minimum payment that is being requested.

Additionally, pursuant to my rights under the Federal Debt Collection laws, I am requesting that you cease and desist all communications with me regarding this debt, as well as communications with any of my family and friends related to these and other debts that I might owe.

I am sending this letter to notify you that if you do not comply with this request, I will immediately file a complaint with the Federal Trace Commission and the state Attorney General’s Office. I intend to pursue all Civil and Criminal claims.

Again, I am confident that, in time, we will be able to work out a payment plan that both allows us to meet our household obligations, and also allows this debt to be satisfied in full as is surely preferred by the debtor. Do not call – simply reply to this letter with the name and phone number of someone I can call and talk to in order to discuss acceptable and reasonable terms of repayment.

Thank you for your consideration.

***

If this letter doesn’t lead to the abrupt end of the harassment – things are going to start to get very serious.

The saga of Jack’s family ( to be continued)