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In: Credit & Debit
18 Oct 2009Telephone calls have no legal weight since there is no record of what was said on a call. Knowing this, credit card debt collectors will say threatening things on the phone and get away with telling their lies. That is why consumer debt collectors choose to use the phone over mail. Debt collectors lose their power when communications are reduced to writing.
Written communications from and to a credit card debt collector are what matter in court. If a consumer is writing to a debt collector it should always be certified return receipt requested.
There is a saying in online consumer forums, 100 percent of debt collectors tell lies 100 percent of the time. Here are some examples of those lies.
1. They claim you are the target of a lawsuit in your local court and that you’ll get your summons any day.
2. Or they may ask you for a small payment, which is well within your means – surely that is acceptable? Not so, if you make this payment then you have legally documented admission to the debt, and made things worse.
3. Debt collectors will threaten to have you arrested. No one can be arrested for a civil matter.
4. They tell you money will be taken from your weekly earnings.
5. They might even threaten you with having your bank account seized.
Each of these lies is a violation of the Fair Debt Collection Practices Act.
These threats are attempts to get you to confirm that the debt is yours. The credit card debt collector wants to confirm the credit card number in question and get other personal information. They want to know your Social Security number, the phone number of your work place and even information about your bank account. The Credit Card Debt Survival Guide says that you should react by disputing the debt and denying it over the phone to the credit card debt collector. Remember that the person on the other end of the line unknown to you. Tell them you do not share personal information over the phone with people unknown to you and then hang up.
If you end up taking a call from a credit card debt collector, you should only stay on long enough to find out what debt they are telephoning about. Before hanging up, advise them that you need written notice of this debt and that you will not talk about it over the phone.
The Fair Debt Collection Practices Act allows the consumer to instruct the debt collector in writing to stop all collection calls. After that each call is a violation of the law, and subject to a $1000 penalty. Consumers should keep logs of the phone calls and contact a consumer rights attorney, who may agree to sue the credit card debt collector over these violations on a contingency fee basis.
Matt Highlander learned how to frustrate credit card debt collectors and collection attorneys. If you cannot afford to pay, read his Credit Card Debt Survival Guide
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