Archive for September, 2009

Protecting Seniors Against Financial Fraud

Wednesday, September 23rd, 2009

In New York, Financial Fraud against seniors is a serious problem and Senator Kirsten Gillibrand plans to crack down on scams and loopholes that have cost NY Seniors over $180 million. Her plan will consist of the following:

1. Increase Penalties for People who Commit Fraud Against Seniors
2. Crack Down on “Senior Advisor” Scams
3. Protect Social Security and Veterans Benefits from Debt Collectors
4. Stop Abusive Mail, Telemarketing and Internet Fraud Against Seniors
5. Workshops on Financial Literacy to Empower and Protect More Seniors

Read the full story with details here: Protecting Seniors Against Financial Fraud.

Debt Collection Abuse Contributed to a Man’s Death

Tuesday, September 22nd, 2009

After Mr. McLeod fell behind on his mortgage payments, the frequent and harassing calls from a debt collector caused a Tampa man’s blood pressure and stress levels to rise to unhealthy levels. His wife is claiming that the abusive debt collection calls contributed to his death after her husband had a massive heart attack and had to quit his job for health reasons. She claims the debt collection company called 10-12 calls a day. Read the full story here:

Tampa Woman Says Debt Collector Stressed Husband to Death

Debtor’s Revolt: But at What Cost?

Thursday, September 17th, 2009

Many may be familiar with the YouTube video posted by Ann Minch, a California woman that grew enraged after Bank of America raised her credit card’s interest rate to 30% after she had been a loyal customer for years. The Huffington Post recently covered Ann’s storing in their article Debtor’s Revolt: Woman Refuses to Pay Off Bank of America Credit Card. Unfortunately, these situations are all too common. You can see the video here:

It seems so simple.  The woman is basically saying I am going to penalize you, Bank of America for raising my interest rate again.  But is she really making things more difficult for Bank of America, or for herself in the long term?  She knows she is going to get numerous calls from debt collectors, but does she realize there will be a permanent judgment against her if she does not pay the debt?  And does she realize that although she does not have a job right now, they could garnish future wages and/or any and all bank accounts she will will have in her possession now and in the future?

Plus, if you are in default with one credit card, expect to see the interest rate rise on the others.  They are within their rights to do this.  What is starting out as a mild snowball could turn into an avalanche and literally ruin her credit and her finances for many, many years to come.

So what should she do?

1) Write an open letter to her State Representative and cc the executives at Bank of America.  Be belligerent and persistent with the State Rep; debt collection practices this is a huge issue currently being discussed in Washington DC.

2) Take a look at the agreement with Bank of America  to find out if there is an arbitration provision provided.  She may be entitled to a free dispute which will require Bank of America to explain why they raised her interest rate.

3) Once she moved to the new bank with her savings, she should ask the new bank if they are willing to open a credit card for her at a lower interest rate and to transfer the entire balance over.  Then, she can close the Bank of America card and avoid debt harassment permanently.

4) Once this pops up on her credit report (and it will) she needs to contact the credit reporting boards at Trans Union, Equifax and Experian regularly and report that the issue is being disputed because Bank of America raised the interest rate without cause.  if it is being disputed, it cannot affect her credit.

I recognize that the woman is upset and I am not saying she does not have reason to be, but she is handling this entirely the wrong way.  At CreditLaw.com, we’ve helped many consumers protect their rights, stop collection calls and address their debt using fair debt collection practices. While in the short term it may feel better to exercise one’s frustration by starting a “debtor’s revolt,” but sacrificing one’s financial future simply to make a point does not make sense. She needs to strategize and move forward.

Craig Thor Kimmel
www.creditlaw.com
1-800 NOT FAIR

The Attack of The Zombie Theft

Wednesday, September 16th, 2009

It happened years ago…so far ago that you erased it out of your mind.  Your wallet was taken off the movie counter when you were buying popcorn, your number was lifted off of a gas station receipt, or your credit card was taken out of your purse when it was hanging over your chair at the local diner.  You didn’t know the credit card was gone immediately; it wasn’t until you saw that $1500 credit card bill for clothing you didn’t purchase that you realized you were robbed.

At that point, you immediately contact the credit card company to report the card stolen.  They understand and tell you that you will not be responsible for the charges.  Thank goodness, you say with a sigh of relief.  Life goes on.

Then, one day out of the blue, you get a call from a collection agency that claims that you not only still owe the original $1500, but also owe thousands of dollars in interest.  According to the collection agency, there is no record of the theft and they warn you that if you do not pay back the debt ASAP, your credit will be permanently ruined, and even worse, they will look into legal action to recover the monies.  How can this be?  What is going on?

The debt lives and even though the company did write it off, a collection agency purchased it and is trying to wring the money out of you with the threat of knocking down the credit rating you have worked so hard to build and achieve.  These debts, and all the personal information that accompany the debts, are purchased for anywhere from a fraction of a penny to twelve cents on the dollar. The collection agencies will then do anything they can to get as much of this money, including making empty threats and at times harassing consumers into paying just to be left alone.

So what do you do?

Keep records–if you are the victim of identity or credit card theft and you find that there are charges attributed to your name, you need to keep track of the crime.  Police reports, written letters to the credit card company with a certified receipt attached, phone logs of credit card employees…all of these items could be very helpful.

See if you can get a written letter from the creditor releasing you from your debt.

Lastly, keep these records in your file cabinet in case the debt ever comes back to haunt you.

If you find yourself in this type of situation, and you are receiving countless calls from collectors trying to make you pay this debt, fight for your rights and call 1-800 NOT FAIR or drop us a line.  We would be glad to discuss the situation with you to see how we can help.  Our service is 100% cost-free.

A Thorough File Can Help the Fight

Sunday, September 13th, 2009

When consumers contact us through 1-800-NOT FAIR or creditlaw.com, the first thing we inquire about is their records. A file can help fight the debt collector to get the collection calls to stop. The file should include:

  • All dates and times of all correspondence, including voice mails, pre-recorded messages, live phone calls, and delivery of written materials.
  • Names of all collectors you have spoken to or received communication from, with phone numbers and addresses if possible.
  • Copies of all correspondence you have received and correspondence you have sent, including envelopes (they include post marks, and return addresses). Collectors have five days to send written correspondence following a phone call. The envelopes and your phone records will reveal if they followed that protocol.
  • Written instances of any times you found the collector to be deceptive or abusive, including calling you at work, threatening you, using obscene language, calling early in the morning or late at night, reaching out to employers, friends or relatives, etc.

Keep all of these files indefinitely and let your attorney know that you have this information. Feel free to contact us to find out other materials which would be helpful in your battle to stop the calls.

How to Deal with a Debt Collector

Friday, September 11th, 2009

Just the title of today’s blog entry seems a bit unfeasible. How can you deal with a debt collector, especially if they are threatening you, and/or using obscene language? Here are three primary rules of thumb you should take into account if you are being continuously called by a collector.

First, figure out why you are being called. Chances are someone is calling to collect on a debt and they have not received payment for several months. Or it could be an older debt that was sold to a third-party debt collector and they are trying to get as much money from you as possible. You need to make sure you understand the specifics of the debt. How much are they trying to collect? What for? How old is the debt? Do you remember the debt?

Get as much info as possible the name of the collector calling, the name of the collection agency, the creditor, the address and fax number for sending correspondence
Also, make sure that if you have never received written correspondence pertaining to the debt that you tell the collector you expect to receive a written follow-up following this call.

Unfortunately, identity theft is still running rampant so you may be getting calls after an impostor used your identity to seek credit. You would not be responsible for this debt, but you may experience a tremendous amount of resistance convincing the collector that you were a victim.

Second, do not disregard or ignore the calls. This debt may create a negative effect on your credit report so you want to research the matter and write everything down for your file.

Third, fight for your right to privacy. If you are first hearing of this debt through a collection call, tell the collector that from this point forward, you want all further correspondence in writing. You can also tell a collector that you do not want them calling you at work. From the moment you start speaking to a collector, you want to make notes of each and every conversation for your file. It is also important that you send written requests as well to follow up on what’s discussed on the phone. Send any correspondence, including disputes to both the collection agency and creditor, via certified mail, return receipt requested.

Also, make sure the collector knows that you are the only person who should be contacted regarding the debt. If this is not your debt, and it is an employer’s, friend’s or relative’s, you can write to the collection agency and request that they cease communication immediately.

More tips to come… keep your head up and if the calls are not ceasing, please contact us for further advice and assistance.

Debt Collection Calls Can Be Stopped

Wednesday, September 9th, 2009

There is nothing more bothersome or stressful than having debt collectors call and threaten you. Pay up or we will alert your neighbors. Pay up or we will contact your family. Pay up or we will garnish your wages. The threats get more and more vindictive with each call, and often these collectors act in such a heartless way, using obscene language and making such terrible threats, that you feel you are trapped. The good news is that you are not trapped. You do have rights and you should not be afraid to use them.

The purpose of our credit law blog is to educate you on your rights under the Fair Debt Collection Practices Act (FDCPA). This law is designed to stop collectors from being abusive and unprofessional. Even if you owe money and the debt is really yours (you will be amazed at how many folks are called for another person’s debt), the collector must still treat you fairly and respectfully.

If you have been the victim of abusive or deceptive debt collection practices, please drop us a note or call us at 1-800-NOT FAIR (1-800-668-3247) and discuss your situation with us. If we can help, it’s completely cost-free to you.