Posts Tagged ‘debt’

Law Suits Piling up for Debt Collectors

Monday, February 22nd, 2010

Debt Collection Attorney Craig Kimmel is featured in this story from the Concord Monitor detailing the aggressive tactics that debt collectors employ to collect on debts they purchase for pennies on the dollar. Consumers reported being harassed and threatened. They said collection agents failed to investigate disputed debts and disclosed alleged debt to relatives and employers.

Third-party debt collectors generated 78,000 complaints to the Federal Trade Commission in 2008, twice the number received in 2003, according to the agency’s most recent report. That same year, the agency won more than $1 million in civil damages against collection agencies.

You can read the entire article here: Suits Piling up for Debt Collectors.

Three Types Of Illegal Voicemails From Collectors And How To Make Them Stop

Tuesday, December 22nd, 2009

Voicemails from bill collectors are a reality when you have been turned over to collections. The dirty secret debt collectors don’t want you to know about is that they very often violate the law (Fair Debt Collection Practices Act – FDCPA) when they leave a voicemail message.

They know they are violating the law but they still do it anyway.

There are three types of illegal voicemails:

  • Illegal threats or lies.
  • Third party disclosures.
  • Failure to leave the mini-miranda.

Debt collectors often call repeatedly when collecting a debt, leaving messages whenever possible and rely on the fact that consumers often don’t know their rights.

You can read the article in it’s entirety, here: Three Types of Illegal Voicemails from Debt Collectors

WEEU 830AM Interview with Debt Collection Harassment Attorney Craig Kimmel

Monday, December 21st, 2009

Debt Collection Harassment Attorney Craig Thor Kimmel was recently interviewed by the radio talk show, “The Voice”, on WEEU 830AM in Berks County, PA. In this interview Craig explains how CreditLaw.com helps consumers with debt collection harassment and violations of the Fair Debt Collection Practices Act while answering questions from consumers who called into the show. Please use the following link to listen to the entire radio interview:

Radio Interview

Debt Collection Agencies Must Prove That Debt Exists

Wednesday, October 28th, 2009

Consumer credit laws are being created in many states that will force debt collection agencies to prove that the debt they purchased for pennies on the dollar exists and the consumer legitimately owes the money. North Carolina recently passed a law this month that requires debt buyers who file a lawsuit to provide documentation proving that they own the debt. In Indiana, there is the Indiana Deceptive Consumer Sales Act prohibits debt collectors from intentionally overstating the amount of the debt they are trying to recover.

National consumer credit laws such as the Fair Debt Collection Practices Act already prohibit collection agencies from harassing, deceptive or unfair practices such as telling neighbors or relatives about what is owed, or calling before 8 a.m. or late at night.

Since the recession started, at least a half-dozen states have adopted additional limits, like imposing statutes of limitations on collections and adding opportunities to punish abusive practices in court. Other states may soon follow suit.

Read the full story here: States adding limits, forcing agencies to prove debt exists.

Debt Collectors Turn a Profit by Going After the Poor

Tuesday, October 20th, 2009

It’s the “American Way”, turning opportunity into profit. It is certainly the way of the debt collector in these hard economic times with 15.1 million of the working class unemployed, 1/3 of which have been for six months or more. With people facing foreclosures, credit card delinquencies and utility shutoffs, the last thing they need is debt collectors harassing them day and night.

US News and World Report puts the average household consumer debt at $22,231, not including other debt such as student loans, which adds another $10,208, according to a May 2009 report. This debt has provided fodder for the explosive growth of debt collection agencies, which have grown in number between 4 to 6 times over the past few years to relentlessly pursue those on the lower end of the economic scale.

Read the full story here: The American Way of Debt: Turning a Profit by Preying on the Poor

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

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.